BOARD DATE:	  10 March 2011

		DOCKET NUMBER:  AR20100021315 


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 award of the Valorous Unit Award based upon his service in support of the U.S. Marine Corps (USMC) Forces in the Republic of Vietnam.

2.  He states he was not a truck driver "16F."  Additionally, he states he did not receive the Marine Corps Medal.

3.  He provides:

* a Statement of Support, dated 3 March 2009
* Department of the Army General Order (DAGO) Number 48, dated
13 September 1968
* 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 was inducted into the Army of the United States on 5 May 1966. He was trained in and awarded military occupational specialty (MOS) 13F (Automatic Weapons Crewman).  He served in the Republic of Vietnam from
24 November 1967 to 7 July 1968 and was assigned to 1st Battalion,
44th Artillery.  He was honorably released from active duty (REFRAD) on 11 July 1968 as an overseas returnee.  

3.  The DD Form 214 he was issued at the time of his REFRAD shows in:

* item 23a (Specialty Number and Title) the entry "13F1O  AUTO WPN CRMN"
* item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaigns Awarded or Authorized) the:

* National Defense Service Medal
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* Sharpshooter Marksmanship Qualification Badge with M-14 Rifle Bar
* 1 overseas service bar

4.  DAGO Number 48, dated 1968, shows the 1st Battalion, 44th Artillery, to which he was assigned, was cited for the Valorous Unit Award for actions in support of the 1st and 3rd Marine Divisions in the Republic of Vietnam during the period 24 January - 16 February 1968.

5.  In a six-page supporting letter, a fellow comrade provided a synopsis of the applicant's military service and combat experience.  It appears that this letter was submitted in support of the applicant's Department of Veterans Affairs claim for service-connected benefits and has no bearing on his application to this Board.

6.  Item 22 (Military Occupational Specialties) of his DA Form 20 (Enlisted Qualification Record) shows his primary MOS as 13F, Automatic Weapons Crewman, that was awarded on 16 September 1966.

7.  Item 38 (Record of Assignments) of his DA Form 20 shows that from            26 September 1966 through 31 October 1966 his duty MOS was 64A (Light 

Vehicle Driver) while assigned to Service Battery, Regimental Command, Fort Bliss, TX.

8.  Review of the applicant's DD Form 214 indicates he is entitled to additional awards that are not shown on this form.

9.  Army Regulation 600-8-22 (Military Awards), paragraph 2-13, contains the regulatory guidance on the Vietnam Service Medal and states 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, participation credit was awarded for the following four campaigns:

* Vietnam Counteroffensive Phase III (1 June 1967 - 29 January 1968)
* TET Counteroffensive (30 January 1968 - 1 April 1968)
* Vietnam Counteroffensive Phase IV (2 April 1968 - 30 June 1968)
* Vietnam Counteroffensive Phase V (1 July 1969 - 1 November 1968)

10.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) was published to assist commanders and personnel officers in determining or establishing the eligibility of Soldiers for campaign participation credit, assault landing credit, and unit citation badges awarded during the Vietnam Conflict.  Paragraph 6d states that 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. Army Vietnam, and its subordinate units, during the period 20 July 1965 to 28 March 1973.

DISCUSSION AND CONCLUSIONS:

1.  The applicant argues he was not a truck driver; he identifies his MOS as 16F, which is a Light Air Defense Artillery Crewmember.  However, the evidence of record shows that he was trained in and awarded MOS 13F, as reflected on his DD Form 214 and available military personnel files.  Although he served as a 64A for a little more than 30 days during September - October 1966, he was never awarded this MOS.  Therefore, it is unclear what correction he is seeking in regard to his MOS.

2.  Evidence of record shows his unit in Vietnam was cited for award of the Valorous Unit Award during his period of assignment.  Therefore, he is entitled to correction of his DD Form 214 to show this unit award.


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

4.  The applicant participated in four campaigns during his service in Vietnam.  Therefore, he is entitled four bronze service stars for wear on his already-awarded Vietnam Service Medal and correction of his DD Form 214 to show the bronze service stars.

5.  If the applicant is requesting the Marine Corps Medal, the Army has no authority to award this 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:

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

   b.  adding to item 24 of his DD Form 214:

* Vietnam Service Medal with four bronze service stars
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Valorous Unit Award

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 MOS issue or the Marine Corps 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)                                         AR20100021315



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ABCMR Record of Proceedings (cont)                                         AR20100021315



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