IN THE CASE OF:	  

		BOARD DATE:	    5 April 2011

		DOCKET NUMBER:  AR20100024244


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:

* the Republic of Vietnam Gallantry Cross with Palm Unit Citation
* bronze service stars for wear on his Vietnam Service Medal
* all other individual and unit awards, citations, and/or medals he may be entitled to

2.  The applicant states he served his country honorably, including in a combat zone.

3.  The applicant provides his DD Form 214 and a Standard Form (SF) 180 (Request Pertaining to Military Records).

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 enlisted in the Regular Army on 30 July 1962 for a period of
3 years.  On 9 December 1963, he was discharged for the purpose of immediate reenlistment.  His DD Form 214 shows he completed 1 year, 4 months, and
10 days of total active service.

3.  On 10 December 1963, he reenlisted in the Regular Army for a period of
6 years.

4.  His record shows he served in the Republic of Vietnam from 15 July 1966 to 14 July 1967.  During his service in Vietnam he was assigned to:

* Company A, 4th Battalion, 31st Infantry Regiment, 196th Infantry Brigade (Light), from 15 July 1966 through 13 November 1966
* Headquarters and Headquarters Company, 196th Infantry Brigade (Light), from 14 November 1966 through 15 February 1967
* Headquarters and Headquarters Company, U.S. Army Support Command - Saigon, from 16 February 1967 to 14 July 1967

5.  On 9 December 1969, he was honorably discharged at the expiration of his term of service.  His DD Form 214 shows he completed 6 years of net service this period for a total of 7 years, 4 months, and 10 days of total active service, including 1 year of foreign service.  The highest rank/pay grade he attained while serving on active duty was staff sergeant (SSG)/E-6.

6.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 for the period ending 9 December 1969 shows the:

* Army Good Conduct Medal (2nd Award)
* National Defense Service Medal 
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* Combat Infantryman Badge
* Parachutist Badge
* Expert Marksmanship Qualification Badge with Rifle Bar (M-14)

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 Headquarters and Headquarters Company, U.S. Army Support Command - Saigon, was cited for award of the Meritorious Unit Commendation for the period 1 July 1966 through 28 February 1967 by Department of the Army General Orders (DAGO) Number 17, dated 1968.

8.  Department of the Army Pamphlet 672-3, paragraph 6d, states that DAGO 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.

9.  Army Regulation 600-8-22 (Military Awards) states, in pertinent part, that a bronze service star is authorized with the Vietnam Service Medal 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 two campaigns:

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

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request for correction of his DD Form 214 to show the Republic of Vietnam Gallantry Cross with Palm unit citation, bronze service stars on his Vietnam Service Medal, and any other awards, citations, or medals he may be entitled to was carefully considered and was determined to have merit.

2.  One of the applicant's units was cited for award of the Meritorious Unit Commendation.  Therefore, his DD Form 214 should be corrected to show this unit award.

3.  All units in Vietnam were cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation during his period of service in Vietnam.  Therefore, he is entitled to correction of his DD Form 214 to show these unit awards.

4.  He participated in two campaigns phases during his service in Vietnam.  Therefore, he is entitled to two 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.

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 is 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 for the period ending
9 December 1979 the Vietnam Service Medal, and

	b.  adding to item 24 of his DD Form 214 for the period ending 9 December 1969 the:

* Vietnam Service Medal with two bronze service stars
* Meritorious Unit Commendation
* Republic of Vietnam Gallantry Cross with Palm Unit Citation



      _______ _  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)                                         AR20100015543



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ABCMR Record of Proceedings (cont)                                         AR20100024244



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