IN THE CASE OF:	  

		BOARD DATE:	  7 July 2011

		DOCKET NUMBER:  AR20100026426 


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 (Report of Transfer or Discharge) to show the Expert Marksmanship Qualification Badge with Machine Gun Bar, Vietnam Service Medal with four bronze service stars, Army Good Conduct Medal, Meritorious Unit Commendation, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Republic of Vietnam Gallantry Cross with Gold Star Unit Citation.

2.  The applicant states he does not know why he never received the medals or ribbons that other members of his unit received.  

3.  The applicant provides copies his DD Form 214 and 11 July 1966 unit orders.

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 15 February 1966.  He completed training and he was awarded military occupational specialty 64A (Light Vehicle Driver) and later awarded MOS 64B (Heavy Vehicle Driver).

3.  Unit Orders Number 22, issued by the 669th Transportation Company, Fort Campbell, KY, dated 11 July 1966, appointed the applicant to an M-60 Machine Gun Team as the gunner.

4.  He served in Vietnam from 28 September 1966 to 25 September 1967.  He was assigned to the:

* 669th Transportation Company from 28 September 1966 through 22 June 1967 as a 64B, heavy vehicle driver
* 58th Transportation Company from 23 June to 25 September 1967 as a 64A, light vehicle driver

5.  General Orders Number 321, issued by Headquarters, U.S. Army Support Command - Qui Nhon, dated 17 October 1967, awarded the applicant the Army Good Conduct Medal for the period 15 February 1965 to DOSOA (date of separation on or about) 23 September 1967.

6.  The applicant's record does not contain any orders for any other awards or decorations.

7.  The applicant was honorably released from active duty on 14 February 1968 at the expiration of his term of service.  He was transferred to the U.S. Army Reserve (USAR) Control Group (Annual Training) to complete his remaining Reserve obligation.  He was discharged in the rank/grade of specialist four (SP4)/E-4.  He completed 2 years of total active service and no time lost.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the:

* Republic of Vietnam Campaign Medal with Device (1960)
* National Defense Service Medal
* Vietnam Service Medal

8.  The applicant's DA Form 20 (Enlisted Qualification Record) that was maintained during his active duty service shows in:

* item 29 (Qualification in Arms) he qualified as a marksman with the M-14 rifle
* 
item 41 (Awards and Decorations) the:

* Republic of Vietnam Campaign Medal with Device (1960)
* National Defense Service Medal
* Vietnam Service Medal
* Marksman Marksmanship Qualification Badge with Rifle Bar

9.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in Vietnam.  This document shows that while the applicant was assigned to the 669th Transportation Company, it was cited for award of the Republic of Vietnam Gallantry Cross with Gold Star Unit Citation for the period 23 October 1966 through 24 April 1971 by DAGO Number 24, dated 1972.

10.  Department of the Army Pamphlet 672-3 shows that while the applicant was assigned to the 58th Transportation Company, it was cited for award of the:

* Meritorious Unit Commendation for the period 2 September 1967 through 31 March 1968 by Department of the Army General Orders (DAGO) Number 31, dated 1969
* Republic of Vietnam Gallantry Cross with Gold Star Unit Citation for the period 4 November 1966 through 2 November 1968 by DAGO Number 24, dated 1972

11.  Department of the Army Pamphlet 672-3, 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.

12.  Army Regulation 600-8-22 (Military Awards), paragraph 2-13, contains the regulatory guidance on the Vietnam Service Medal.  It 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, the applicant 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)

DISCUSSION AND CONCLUSIONS:

1.  General orders awarded the applicant the Army Good Conduct Medal
(1st Award).  Therefore, his DD Form 214 should be corrected to show this award.  

2.  Records show the applicant qualified as a marksman with the M-14 Rifle.  Therefore, his DD Form 214 should be corrected to show the Marksman Marksmanship Qualification Badge with Rifle Bar (M-14).

3.  The applicant was assigned duties as a gunner of an M-60 Machine Gun Team; however, there is no evidence he officially qualified with or was awarded a marksmanship qualification badge for qualifying with the M-60 machine gun.  Therefore, there is no basis for granting this portion of his request.

4.  Although the applicant contends he is entitled to the Vietnam Service Medal with four bronze service stars, his period of service in Vietnam only falls within two campaign phases.  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.

5.  The applicant's units were cited for one award of the Meritorious Unit Commendation and two awards of the Republic of Vietnam Gallantry Cross with Gold Star Unit Citation during his period of assignment.  Therefore, he is entitled to correction of his DD Form 214 to show these unit awards.

6.  All units in Vietnam were awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation during his period of service in Vietnam.  Therefore, his DD Form 214 should be corrected to show this unit award.

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 the:

* Army Good Conduct Medal (1st Award)
* Vietnam Service Medal with two bronze service stars
* Meritorious Unit Commendation
* Republic of Vietnam Gallantry Cross with Gold Star Unit Citation
(2nd Award)
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-14)

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 correction of his DD Form 214 to show the Vietnam Service Medal with four bronze service stars and the Expert Marksmanship Qualification Badge with Machinegun Bar (M-60).



      _______ _  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)                                         AR20100026426



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20100026426



5


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1