IN THE CASE OF:	  

		BOARD DATE:	  1 February 2011

		DOCKET NUMBER:  AR20100020434 


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) by adding unit awards and campaign participation credit he is eligible for based on his service in the Republic of Vietnam (RVN).

2.  The applicant states based on his service and campaign participation in the RVN, he is eligible for awards authorized before and after his discharge.

3.  The applicant highlights the following unit awards he believes he is eligible for:

* RVN Gallantry Cross (RVNGC) with Palm Unit Citation (7 September 1966 - 10 August 1968)
* RVNGC with Palm Unit Citation (8 February 1962 - 28 March 1973)

4.  The applicant also highlights the following RVN campaigns he believes he should be credited with:

* Consolidation I
* Consolidation II
* Vietnam Ceasefire Campaign

5.  The applicant provides an internet lineage and honors information sheet for the 11th Armored Cavalry Regiment (ACR).


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 record shows he initially enlisted in the Regular Army on 
6 August 1965.  He was trained in and awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman).  He reenlisted for 4 years on
11 August 1966. 

3.  The applicant’s DA Form 20 (Enlisted Qualification Record) shows he served in the RVN from 13 October 1966 through 9 August 1967.  Item 38 (Record of Assignments) shows that during his RVN tour, he was assigned to Troop F,
2nd Squadron, 11th Armored Cavalry Regiment (ACR) from 29 October 1966 through 8 August 1967, performing duties in MOS 11B as a grenadier; and that he entered a patient status at the 249th General Hospital, Japan, on 9 August 1967.

4.  Item 40 (Wounds) of the applicant's DA Form 20 shows he was wounded in action in the RVN on 22 March 1967, and item 41 (Awards and Decorations) shows he earned the following awards during his active duty tenure:

* National Defense Service Medal (NDSM)
* Vietnam Service Medal (VSM)
* RVN Campaign Medal (RVNCM) with Device (1960)
* Combat Infantryman Badge (CIB)
* Purple Heart (PH) (1st Oak Leaf Cluster) [indicates 2 awards]
* Sharpshooter Marksmanship Qualification Badge with Pistol (.45 caliber) Bar
* Marksman Marksmanship Qualification Badge with Rifle (M-14) Bar


5.  On 20 December 1968, the applicant was discharged in the rank/grade of private (PV2)/E-2, after completing 3 years, 4 months, and 15 days of total active service.  The DD Form 214 he was issued at the time shows he earned the following awards in item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized):

* NDSM
* VSM
* RVNCM with Device (1960)
* CIB
* PH (1st Oak Leaf Cluster)
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar

6.  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 the applicant's service in the RVN, he participated in the following two campaigns:

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

7.  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 that during the applicant's assignment to the
11th ACR, it was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 7 September 1966 - 10 August 1968 by Department of the Army General Orders (DAGO) Number 60, dated 1969

8.  Paragraph 6 of the same pamphlet provides miscellaneous information on RVN awards.  It states not more than one RVNGC unit citation will be worn by any individual, and when a single unit received duplicate Vietnamese unit awards during the same period only one will be recorded in official military personnel and historical records.  As an illustration:

Battery D, 5th Battalion, 2d Artillery, was awarded the RVN Gallantry Cross with Palm during the following periods:  1 September 1968 to 15 March 1969 
and 1 September 1968 to 30 September 1970.  Members of this unit, who were assigned during either of these two periods, are eligible for only one award.


9.  Paragraph 8 of the same pamphlet provides guidance on campaign participation credit.  It states an organization is given campaign participation credit if it actually engaged the enemy in combat, was stationed in the combat zone, or performed duties either in the air or on the ground in any part of the combat zone during the time limitations of the campaign.  Service stars are worn on the service and campaign medals to denote participation in campaigns.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s contention that his records should be corrected to show two awards of the RVNGC with Palm Unit Citation and participation in three campaigns has been carefully considered and found to have partial merit.  

2.  The evidence of record confirms that during the applicant's tenure of assignment in the RVN, he was credited with participating in two campaigns.  Therefore, he is entitled to 2 bronze service stars for wear on his already-awarded VSM and correction of his DD Form 214 to show the bronze service stars.

3.  The evidence of record also confirms that during his tenure of assignment in the RVN, his unit was cited for award of the RVNCG with Palm Unit Citation for the period 7 September 1966 - 10 August 1968.  Therefore, he is entitled to correction of his DD Form 214 to show this unit award.

4.  By regulation only one award of the RVNGC with Palm Unit Citation is authorized for wear and to be recorded on the DD Form 214 when a unit receives two awards for the same period.  Therefore, given the two awards of the RVNGC with Palm Unit Citations cited by the applicant were for the same period of service with the same unit only one is authorized for entry on his DD Form 214.  Therefore, there is an insufficient evidentiary basis to support adding an additional RVNGC with Palm Unit Citation to his DD Form 214.

5.  Further, the record confirms the applicant was not present with his RVN unit when it was cited for participating in the Vietnam Consolidation I, Vietnam Consolidation II, and Vietnam Cease Fire campaigns he cites in his application.  Therefore, there is also an insufficient evidentiary basis to support granting this portion of his requested relief.  


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 from item 24 of his DD Form 214 for the period ending
20 December 1968 the Vietnam Service Medal, and

	b.  adding to item 24 of his DD Form 214 for the period ending 20 December 1968 the:

* Vietnam Service Medal with 2 bronze service stars
* Republic of Vietnam Gallantry Cross with Palm Unit Citation

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 granting Vietnam participation credit for any additional campaigns and to adding a second Republic of Vietnam Gallantry Cross with Palm Unit Citation to his DD Form 214.


      __________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)                                         AR20100020434



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ABCMR Record of Proceedings (cont)                                         AR20100020434



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