IN THE CASE OF:	  

		BOARD DATE:	    17 May 2011

		DOCKET NUMBER:  AR20100027046


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 the:

* Vietnam Service Medal with 4 bronze service stars
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation
* Any other awards to which he may be entitled

2.  The applicant states the awards were left off of his DD Form 214 upon leaving Vietnam and the Army.

3.  The applicant provides:

* his DD Form 214
* a National Personnel Records Center letter, dated 13 September 2010
* a DA Form 20 (Enlisted Qualification Record)
* Special orders awarding him the Sharpshooter Marksmanship Qualification Badge with Pistol Bar (.45 caliber)
* Special orders awarding him the First Class Gunner [Sharpshooter] Marksmanship Qualification Badge with Mortar Bar (81mm Mortar)


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 23 October 1968 for a period of 2 years.  He served in Vietnam from 6 October 1969 to
2 October 1970 with Headquarters and Headquarters Company, 1st Battalion, 327th Infantry as an indirect fire crewman.  He was honorably released from active duty on 4 October 1970 in the rank/grade of sergeant (SGT)/E-5.

3.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the:

* Bronze Star Medal
* Army Commendation Medal
* Army Good Conduct Medal
* National Defense Service Medal
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* Combat Infantryman Badge
* Expert Marksmanship Qualification Badge with Rifle Bar (M-14)
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-16)
* Two Overseas Service Bars

4.  Special Orders Number 57, paragraph 33, issued by Headquarters, U.S. Army School/Training Center, Fort McClellan, AL, dated 7 March 1969, awarded the applicant the Sharpshooter Marksmanship Qualification Badge with Pistol Bar (.45 caliber)

5.  Special Orders Number 57, paragraph 34, issued by the same headquarters, dated 7 March 1969, awarded the applicant the First Class Gunner [Sharpshooter] Marksmanship Qualification Badge with Mortar Bar.


6.  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 four campaigns:

* Vietnam Summer - Fall 1969 (9 June - 31 October 1969)
* Vietnam Winter - Spring 1970 (1 November 1969 - 30 April 1970)
* Sanctuary Counteroffensive (1 May - 30 June 1970)
* Vietnam Counteroffensive Phase VII (1 July 1970 - 30 June 1971)

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 the unit to which the applicant was assigned,
1st Battalion, 327th Infantry, was cited for award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 18 March 1968 through 2 May 1970 by Department of the Army General Order Number 48, dated 1971

8.  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.

DISCUSSION AND CONCLUSIONS:

1.  The applicant served in Vietnam during four campaigns phases.  Therefore, he is entitled to 4 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.

2.  The applicant's unit was cited for award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation during his period of assignment.  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.  Therefore, his DD Form 214 should be corrected to show this unit award.

4.  Special orders awarded the applicant the Sharpshooter Marksmanship Qualification Badge with Pistol and Mortar Bars.  Therefore, his DD Form 214 should be corrected to show these marksmanship qualification badges.
BOARD VOTE:

__X_____  ___X____  ____X___  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that 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:

	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:

* Vietnam Service Medal with four bronze service stars
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation
* Sharpshooter Marksmanship Qualification Badge with Pistol Bar
(.45 caliber)
* Sharpshooter Marksmanship Qualification Badge with Mortar Bar 



      _______ _   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)                                         AR20100027046



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20100027046



4


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1