IN THE CASE OF:	  

		BOARD DATE:	  2 December 2010

		DOCKET NUMBER:  AR20100013149 


THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1.  Application for correction of military records (with supporting documents provided, if any).

2.  Military Personnel Records and advisory opinions (if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests, in effect, correction of his DD Form 214 (Report of Transfer or Discharge) for the period ending 18 September 1971 to show award of the Bronze Star Medal, Army Commendation Medal, Vietnam Service Medal, Republic of Vietnam Campaign Medal with Device (1960), two Overseas Service Bars, National Defense Service Medal, and Expert Marksmanship Qualification Badge with Rifle Bar.   

2.  The applicant states:

* His DA Form 20 (Enlisted Qualification Record) shows entitlement to these awards
* His DD Form 214 was issued at the Vietnam Returnee Transition Point with incomplete records   

3.  The applicant provides:

* DA Form 20
* Orders for the Bronze Star Medal
* DD Forms 214 for the periods ending 18 September 1971 and 12 September 1968 





CONSIDERATION OF EVIDENCE:

1.  Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice.  This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant’s failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so.  While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant’s failure to timely file.  In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.

2.  The applicant was inducted into the Army of the United States on 12 January 1968.  He was awarded military occupational specialty (MOS) 13A (field artillery basic crewman).  On 12 September 1968, he was honorably discharged for immediate enlistment in the Regular Army (RA).  He enlisted in the RA on 
13 September 1968 for a period of 3 years.  He arrived in Vietnam on 
8 November 1968.  He served in MOS 13A assigned to Battery D, 2nd Battalion, 320th Artillery in Vietnam from 21 November 1968 to 7 November 1969.  He commenced his second tour in Vietnam on 13 December 1970.  He served in MOS 13A assigned to Battery A, 1st Battalion, 8th Field Artillery, Headquarters 2nd Brigade of the 25th Infantry Division from 17 December 1970 to 31 March 1971.  He was assigned to Batteries C and B, 5th Battalion, 42nd Artillery in Vietnam from 1 April 1971 to 3 September 1971.  On 18 September 1971, the applicant was released from active duty and transferred to the U.S. Army Reserve Control Group (Reinforcement) to complete his remaining service obligation.

3.  Item 24 (Decoration, Medals, Badges, Commendations, Citations and Campaign Medals Awarded or Authorized) of his DD Form 214 for the period ending 18 September 1971 shows the entry "NVAL" [Not available].  This DD Form 214 shows he was separated from the service on temporary records and a Soldier's affidavit.

4.  Headquarters, 101st Airborne Division General Orders Number 6883, dated 16 June 1969, show the applicant received the Army Commendation Medal for meritorious achievement for the period 1 December 1968 to 30 April 1969.

5.  Headquarters, 101st Airborne Division General Orders Number 9426, dated 23 July 1969, show the applicant received the Bronze Star Medal for meritorious service for the period1 November 1968 to 30 June 1969.
6.  Orders, dated 17 July 1970, show the applicant received the Expert Marksmanship Qualification Badge with Rifle Bar.

7.  Records show the applicant participated in six campaigns during his assignments in Vietnam.

8.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in Vietnam.  This document shows the applicant's unit, 2nd Battalion, 320th Artillery, at the time of his assignment was awarded the:

* Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 19 July 1968 to 14 May 1969 by Department of the Army General Orders (DAGO) Number 51, dated 1971
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation by DAGO Number 48, dated 1971

9.  Department of the Army Pamphlet 672-3 shows the applicant's unit, 5th Battalion, 42nd Artillery, at the time of his assignment was awarded the:

* Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 15 January 1971 to 30 August 1971 by DAGO Number 54, dated 1974

10.  Department of the Army Pamphlet 672-3, paragraph 6 (Miscellaneous Information), states that not more than one award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation may be worn by any individual.  Although wear of multiple awards of this unit citation badge is not authorized, official military personnel and historical records will indicate all awards received.

11.  Army Regulation 600-8-22 (Military Awards) states the Vietnam Service Medal is awarded to all members of the Armed Forces of the United States for qualifying service in Vietnam after 3 July 1965 through 28 March 1973.  Qualifying service included attachment to or assignment for 1 or more days with an organization participating in or directly supporting military operations.  This same regulation states a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each credited campaign.  A silver service star is authorized in lieu of five bronze service stars.

12.  Army Regulation 600-8-22 states the Republic of Vietnam Campaign Medal with Device (1960) was awarded by the Government of Vietnam to all members of the Armed Forces of the United States for qualifying service in Vietnam during the period 1 March 1961 through 28 March 1973.  Qualifying service included assignment in Vietnam for 6 months or more.  
13.  Army Regulation 670-1 (Uniforms and Insignia) governs the requirements for the Overseas Service Bar.  It states a bar is authorized for wear for each period of active Federal service as a member of the U.S. Army outside of the continental limits of the United States for the specific time frames and areas of operation cited in Army Regulation 670-1 or appropriate Department of the Army message.  There are special provisions regarding authorization for the Overseas Service Bar for service in a hostile fire zone and for combining service to calculate award of the bars.  For Vietnam service, one overseas service bar was authorized for each period of 6 months active Federal service as a member of a U.S. Service in Vietnam from 1 July 1958 to 28 March 1973.  Both the month of arrival and the month of departure from Vietnam were counted as whole months for credit toward the overseas service bar.

14.  Army Regulation 600-8-22 states the National Defense Service Medal is awarded for honorable active service for any period between 27 July 1950 and 27 July 1954, 1 January 1961 and 14 August 1974, 2 August 1990 and 
30 November 1995, and 11 September 2001 and a date to be determined.  

DISCUSSION AND CONCLUSIONS:

1.  Orders show the applicant received the Bronze Star Medal, Army Commendation Medal, and Expert Marksmanship Qualification Badge with Rifle Bar.  Therefore, his DD Form 214 for the period ending 18 September 1971 should be corrected to show these awards. 

2.  Based on the applicant's service in Vietnam and participation in six campaigns, he is eligible for the Vietnam Service Medal with one silver service star and one bronze service star and the Republic of Vietnam Campaign Medal with Device (1960).  Therefore, his DD Form 214 for the period ending 
18 September 1971 should be corrected to show these medals.

3.  The applicant served in Vietnam from November 1968 to November 1969 and from December 1970 to September 1971.  Based on calculating credit toward the overseas service bar during the Vietnam era, he served for a total of 23 months.  Therefore, he is entitled to three Overseas Service Bars.  However, Overseas Service Bars are actually an item of uniform wear and therefore not an authorized entry on the DD Form 214.

4.  The applicant served a period of qualifying service for award of the National Defense Service Medal.  Therefore, his DD Form 214 for the period ending 
18 September 1971 should be corrected to show this medal.

5.  The applicant's units, 2nd Battalion, 320th Artillery and 5th Battalion, 42nd Artillery were each cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation while he was assigned to them.  Although he is entitled to wear only one of these awards, his DD Form 214 for the period ending 
18 September 1971 should be corrected to show two awards of this unit award.

6.  The applicant's unit, 2nd Battalion, 320th Artillery, was cited for award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation while he was assigned to it.  Therefore, his DD Form 214 for the period ending 
18 September 1971 should be corrected to show this unit award.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____X___  ____X___  ___X____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

	a.  deleting the entry in item 24 of his DD Form 214 for the period ending 18 September 1971; and 

	b.  adding the Bronze Star Medal, Army Commendation Medal, Vietnam Service Medal with one silver service star and one bronze service star, Republic of Vietnam Campaign Medal with Device (1960), National Defense Service Medal, and Expert Marksmanship Qualification Badge with Rifle Bar in item 24 of his DD Form 214 for the period ending 18 September 1971.

2.  The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends 
denial of so much of the application that pertains to amending his DD Form 214 



for the period ending 18 September 1971 to show any award of the Overseas Service Bar.  



      _______ _   _X_____   ___
               CHAIRPERSON
      
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.



ABCMR Record of Proceedings (cont)                                         AR20100013149





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ABCMR Record of Proceedings (cont)                                         AR20100013149



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