IN THE CASE OF:	

		BOARD DATE:	1 March 2011

		DOCKET NUMBER:  20100021065


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 his records be corrected to show award of the Republic of Vietnam Campaign Medal and any other awards and decorations he may be entitled to for serving in Vietnam.

2.  The applicant states, in effect, that he previously requested the medals he earned while in Vietnam, but only received the Vietnam Service Medal.

3.  The applicant provides copies of:

* DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge
* DD Form 215 (Correction to DD Form 214)
* Leave and Earning Statements for December 1970 and January 1971 reflecting receipt of hostile fire pay
* letter of commendation and  certificate of achievement
* documentation verifying entitlement to the Vietnam Service Medal and authority to wear the Republic of Vietnam Cross of Gallantry with Palm Unit Citation Badge.

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.  Available records show the applicant enlisted in the Regular Army on
26 June 1970.  He completed training and was awarded military occupational specialty (MOS) 36C (Lineman).

3.  His DA Form 20 (Personnel Qualification Record) shows) in:

     a  item 41 (Awards and Decorations) the National Defense Service Medal, Good Conduct Medal, Vietnam Service Medal, and Sharpshooter Marksmanship Badge with Rifle Bar; and

     b.  item 42 (Remarks) that he was TDY to Vietnam from 10 December 1970 to 10 January 1971.

4.  His DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) shows Item 26 (Decorations, Medals, Badges, Citations, Campaign Ribbons Awarded or Authorized) the National Defense Service Medal, Good Conduct Medal and Sharpshooter Marksman Qualification Badge with Rifle Bar.  The Vietnam Service Medal was added by DD Form 215.

5.  A review of the applicant's records indicates entitlement to additional awards and decorations that are not shown on his DD Form 214 and some that are shown need correction.

6.  The applicant provided documentation verifying he is entitled to the Vietnam Service Medal.  He performed temporary duty (TDY) in Vietnam from 
10 December 1970 to 10 January 1971 in support of the 37th Signal Battalion, 12th Signal Group on operation Talus Slope. 

7.  Army Regulation 600-8-22 (Military Awards) 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. Individuals who qualified for award of the Vietnam Service Medal or the Armed Forces Expeditionary Medal and served for less than six months of service but:

* were wounded as a result of hostile action 
* were captured by hostile forces but later escaped or were rescued or released
* were killed in action or otherwise in line of duty

are also entitled to award of the Republic of Vietnam Campaign Medal with Device (1960).

8.  Army Regulation 600-8-22 (Military Awards) provides that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.  Appendix B shows that based on the applicant's dates of service in Vietnam participation credit was awarded following campaign period:  the Vietnam Counteroffensive, Phase VII, 1 July 1970-30 June 1971.  

9.  Department of the Army General Orders Number 8, dated 1974, announced   award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to Headquarters, U.S. Military Assistance Command and its subordinate units during the period 8 February 1962 to 28 March 1973 and to Headquarters, U.S. Army Vietnam and its subordinate units during the period 20 July 1965 to 
28 March 1973.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends his records be corrected to show award of the Republic of Vietnam Campaign Medal and any other awards and decorations he may be entitled to for serving in Vietnam.  He previously requested the medals, but only received the Vietnam Service Medal.

2.  He does not meet the qualification for award of the Republic of Vietnam Campaign Medal with Device (1960).  He was not assigned in Vietnam for six months or more. 

3.  The record reflects he participated in one designated campaign during his service in Vietnam.  

4.  His unit was authorized the Republic of Vietnam Cross of Gallantry with Palm Unit Citation.


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 Vietnam Service Medal from item 24 of his DD Form 214, and

	b.  adding the Vietnam Service Medal with one bronze service star, and the Republic of Vietnam Cross of Gallantry with Palm Unit Citation to item 24 of his DD Form 214.

2.  The Board further determined 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 award of the Republic of Vietnam Campaign Medal.

      _______ _  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)                                         AR20100000026



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ABCMR Record of Proceedings (cont)                                         AR20100021065



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