IN THE CASE OF:	  

		BOARD DATE:	    29 December 2010

		DOCKET NUMBER:  AR20100016369 


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 correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or discharge) to show the National Defense Service Medal, Republic of Vietnam Campaign Medal with Device (1960), and all other medals and decorations he may have earned. 

2.  The applicant states he received a letter from the National Personnel Records Center (NPRC) that listed several medals he earned which are not shown on his DD Form 214. 

3.  The applicant provides a letter from the NPRC.

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's records show he was inducted into the Army of the United States on 26 November 1963 and held military occupational specialty 11B (Light Weapons Infantryman). 

3.  His records show he served in the Republic of Vietnam from on or about 25 June to 15 November 1965.  He was assigned to Headquarters and Headquarters Company (HHC), 2nd Brigade, 1st Infantry Division. 

4.  He was honorably released from active duty on 21 November 1965 in the rank/grade of specialist four/E-4 and he was transferred to the U.S. Army Reserve Control Group for completion of his Reserve obligation.

5.  Item 26 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-1), Expert Marksmanship Qualification Badge with Rifle Bar (M-79) and Pistol Bar (.45 caliber), Combat Infantryman Badge, Good Conduct Medal, and Vietnam Service Medal.

6.  He received a letter, dated 27 May 2010, from NPRC, that listed several awards, among which are the National Defense Service Medal and the Republic of Vietnam Campaign Medal with Device (1960). 

7.  Army Regulation 600-8-22 (Military Awards) provides for the following awards:

	a.  The Vietnam Campaign Medal, correctly known as 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.  Qualifying service outside the geographical limits of the Republic of Vietnam required the individual to provide direct combat support to the Republic of Vietnam and Armed Forces.

	b.  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. 

8.  Headquarters, Department of the Army General Orders (DAGO) Number 21, dated 1969, awarded HHC, 2nd Brigade, 1st Infantry Division, the Republic of Vietnam Gallantry Cross with Palm Unit Citation for service from 12 July 1965 to 16 October 1968 and DAGO Number 53, dated 1970, awarded it the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for service from 12 July 1965 to 7 April 1970.

9.  Appendix B of Army Regulation 600-8-22 shows that the applicant participated in the Vietnam Defense Campaign from 8 March to 24 December 1965 during his tour of duty in the Republic of Vietnam.  This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant served on active duty from 26 November 1963 through 21 November 1965; therefore, he served a qualifying period for award of the National Defense Service Medal and is entitled to correction of his records to show this award.

2.  General orders awarded his unit of assignment the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation which are not shown on his DD Form 214; therefore, he is entitled to correction of his DD Form 214 to show these unit awards.

3.  The applicant served in Vietnam for a period of 4 months and 21 days, from on or about 25 June to 15 November 1965.  This period of service is insufficient for award of the Republic of Vietnam Campaign Medal.  Therefore, he is not entitled to this award. 

4.  The evidence of record also shows he participated in one campaign while serving in the Republic of Vietnam and is therefore entitled to award of a bronze service star to be affixed to his already-awarded Vietnam Service Medal.

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 adding to item 26 of his DD Form 214 the:

* National Defense Service Medal
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation
* one bronze service star to be affixed to his already-awarded Vietnam Service Medal

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 the Republic of Vietnam Campaign Medal with Device (1960).



      _______ _   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)                                         AR20100016369



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ABCMR Record of Proceedings (cont)                                         AR20100016369



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