IN THE CASE OF:	  

		BOARD DATE:	    10 February 2011

		DOCKET NUMBER:  AR20100018723 


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 (Armed Forces of the United States Report of Transfer or Discharge) to show all awards and medals, including the:

* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Meritorious Unit Commendation
* Campaign participation credit for the TET Offensive campaign

2.  The applicant states that the awards were made after his discharge.

3.  The applicant provides:

* his DD Form 214
* a letter from the National Personnel Records Center
* an email exchange
* page 4 of his DA Form 66 (Officer Qualification Record)
* General Orders Number 43
* an internet printout regarding the Republic of Vietnam Gallantry Cross with Palm Unit Citation
* a Department of Veterans Affairs (DVA) rating decision 

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 appointed as a Reserve commissioned officer of the Army and he executed an oath of office on 31 July 1965.  He entered active duty on 23 September 1965 and he held specialty number 1328 (Construction Engineer Unit Commander).  

3.  He served in Germany from 12 February 1966 to 17 July 1966.  He also served in Vietnam with Company D, 589th Engineer Battalion from 11 April 1967 to 28 March 1968.

4.  He was honorably released from active duty on 28 March 1968 and he was transferred to the U.S. Army Reserve (USAR) Control Group (Annual Training) to complete his remaining service obligation.

5.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the National Defense Service Medal, Vietnam Service Medal, Vietnam Campaign Medal, and the Bronze Star Medal.

6.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam.  This pamphlet shows the 589th Engineer Battalion was cited for award of the Meritorious Unit Commendation for the period 29 April 1967 -
31 December 1967 by Department of the Army General Order (DAGO) Number 43, dated 1968.

7.  Department of the Army Pamphlet 672-3, paragraph 6d, states that Department of the Army General Orders 8, 1974, announced award of the 

Republic of Vietnam Gallantry Cross with Palm Unit Citation to Headquarters, U.S. Army Vietnam and its subordinate units during the period 20 July 1965 to
28 March 1973.

8.  Army Regulation 600-8-22 (Military Awards), paragraph 2-13, contains the regulatory guidance on the Vietnam Service Medal.  It states, in pertinent part, that a bronze service star is authorized with this award for each Vietnam campaign a member is credited with participating in.  Appendix B shows that during his service in Vietnam, the applicant participated in the following three campaigns:

* Vietnam Counteroffensive Phase II (1 July 1966 - 31 May 1967)
* Vietnam Counteroffensive Phase III (1 June 1967 - 29 January 1968)
* TET Counteroffensive (30 January - 1 April 1968)

9.  Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214.  Chapter 2 of the regulation in effect at the time contains guidance on the preparation of the DD Form 214.  Item 13 shows a member's awards and decorations; item 22c shows the total active duty outside continental limits of the United States for the period covered by the DD Form 214 and the last overseas theater service was performed, e.g. "USARV" (U.S. Army Vietnam); and item 30 is used for mandatory requirements, when a separate block is not available, and as a continuation entry.

DISCUSSION AND CONCLUSIONS:

1.  General orders awarded the applicant’s unit the Meritorious Unit Commendation during his assignment.  Therefore, he is entitled to correction of his DD Form 214 to show this unit award.

2.  During the applicant's assignment to Vietnam, Headquarters, U.S. Army Vietnam and its subordinate units was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation during the period 20 July 1965 to
28 March 1973.  Therefore, he is entitled to correction of his DD Form 214 to show this unit award.

3.  The evidence of record shows the applicant was awarded the Vietnam Service Medal.  Additionally, his records show he participated in three campaigns while serving in Vietnam.  Therefore, he is entitled three bronze service stars for wear on his already-awarded Vietnam Service Medal and correction of his DD Form 214 to show these bronze service stars.

4.  As a related issue, the applicant served in Vietnam from 11 April 1967 to 28 March 1968.  Although there was no requirement to list this service in item 30 of his DD Form 214, there is no harm to the Army or the Soldier if this period of service in Vietnam is shown in item 30 of his DD Form 214.

BOARD VOTE:

__X____  ___X____  __X_____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

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

	a.  deleting from item 24 of his DD Form 214 the Vietnam Service Medal;

	b.  adding to item 24 of his DD Form 214 the Vietnam Service Medal with three bronze service stars, Meritorious Unit Commendation, and the Republic of Vietnam Gallantry Cross with Palm Unit Citation; and

	c.  adding to item 30 of his DD Form 214 the entry "Vietnam Service:  19670411 - 19680328."



      _________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)                                         AR20100018723



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ABCMR Record of Proceedings (cont)                                         AR20100018723



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