IN THE CASE OF:	  

		BOARD DATE:	  1 March 2011

		DOCKET NUMBER:  AR20100021263 


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 all awards and decorations he earned as a result of his service in Vietnam. 

2.  The applicant states he was released from active duty before awards were published. 

3.  The applicant provides his DD Form 214.

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, Field Artillery, second lieutenant and executed an oath of office on 16 July 1969.  He entered active duty on 22 September 1969.  He served in Vietnam from 20 September 1970 to 14 July 1971.  He was assigned to Battery A, 2nd Battalion, 12th Artillery. 

3.  He was honorably released from active duty in the rank/grade of first lieutenant on 17 July 1971 and he was transferred to the U.S. Army Reserve Control Group (Reinforcement) to complete his remaining Reserve obligation.

4.  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 one overseas service bar.  

5.  Headquarters, U.S. Army Support Command, Saigon, General Orders Number 818, dated 18 July 1971, awarded him the Bronze Star Medal for service from September 1970 to June 1971.

6.  Headquarters, U.S. Army Field Artillery School Brigade, Fort Sill, OK, Special Orders Number 281, dated 31 October 1969, awarded him the Marksman Marksmanship Qualification Badge with Rifle Bar (M-14). 

7.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows that during his service with the 2nd Battalion, 12th Artillery in Vietnam, this unit was awarded the:

* Republic of Vietnam Gallantry Cross with Palm Unit Citation for service from 21 February 1970 to 28 February 1971, based on Department of the Army General Orders Number 42, dated 1972
* Republic of Vietnam Gallantry Cross with Palm Unit Citation for service from 15 January 1971 to 30 August 1971, based on Department of the Army General Orders Number 54, dated 1974
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for service from 31 August 1969 to 14 January 1971, based on Department of the Army General Orders Number 51, dated 1971

8.  Department of the Army Pamphlet 672-3 states not more than one Republic of Vietnam Gallantry Cross Unit Citation will be worn by any individual.  Although multiple awards of this unit citation are not authorized for wear, official military and historical records will indicate all awards received.  However, in the case of 

duplicate awards covering the same period of time only one award will be recorded in official military and historical records.

9.  Appendix B of Army Regulation 600-8-22 (Military Awards) shows he participated in the Vietnam Counteroffensive, Phase VII (1 July 1970 to 30 June 1971) and Consolidation I (1 July 1971 to 30 November 1971) campaigns 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.  General orders awarded him the Bronze Star Medal which is not shown on his DD Form 214; therefore, he is entitled to correction of his DD Form 214 to show this award.

2.  Special orders awarded him the Marksman Marksmanship Qualification Badge with Rifle Bar (M-14) which is not shown on his DD Form 214; therefore, he is entitled to correction of his DD Form 214 to show this badge.

3.  General orders awarded his unit in Vietnam the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation (two awards) which are not shown on his records; therefore, he is entitled to correction of his records to show these unit awards.  

4.  The evidence of record shows he was awarded the Vietnam Service Medal.  Additionally, his records show he participated in two campaigns while serving in the Republic of Vietnam.  Therefore, he is entitled to two bronze service stars to be affixed to his Vietnam Service Medal.

BOARD VOTE:

____X____  ___X_____  ____X____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION


BOARD DETERMINATION/RECOMMENDATION:

The Board determined 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 and adding to his DD Form 214 the:

* Bronze Star Medal
* Republic of Vietnam Gallantry Cross with Palm Unit Citation (two awards)
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation Marksman Marksmanship Qualification Badge with Rifle Bar (M-14)
* Two bronze service stars to be affixed to his already-awarded Vietnam Service 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)                                         AR20100021263



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ABCMR Record of Proceedings (cont)                                         AR20100021263



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