IN THE CASE OF:	  

		BOARD DATE:	 10 May 2011  

		DOCKET NUMBER:  AR20100027148 


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 to his DD Form 214 (Armed Forces of The United States Report of Transfer or Discharge) to show the National Defense Service Medal, Republic of Vietnam Campaign Medal with Device (1960), and Republic of Vietnam Gallantry Cross with Palm Unit Citation. 

2.  He states that these awards were earned during his Vietnam service, but they were not shown on his DD Form 214 due to an oversight during out-processing.

3.  He provides a copy of 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 military records show he was inducted into the Army of the United States in pay grade E-1 on 10 February 1964.  He completed training and was awarded military occupational specialty 31B (Infantry Radio Mechanic).  He served in Vietnam from 27 July 1965 through 2 February 1966 during two campaigns.  He was assigned to Headquarters Company, 87th Engineer Battalion (Construction).

3.  He was honorably released from active duty on 3 February 1966 as an overseas returnee and transferred to the U.S. Army Reserve Control Group (Annual Training).

4.  Item 26 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 lists the following awards:

* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-1)
* Expert Marksmanship Qualification Badge with Rifle Bar (M-1)
* Army Good Conduct Medal (1st Award)
* Vietnam Service Medal
* one overseas service bar

5.  On 2 June 1967, Headquarters, 87th Engineer Battalion (Construction), advised the applicant that the 87th Engineer Battalion (Construction) had been awarded the Meritorious Unit Commendation for the period 14 August 1965 through 30 April 1966, but general orders had not been published.

6.  Army Regulation 600-8-22 (Military Award) states the National Defense Service Medal is awarded for honorable active service for any period between 27 July 1950 and 27 July 1954, 1 January 1961 and 14 August 1974, 2 August 1990 and 30 November 1995, and 11 September 2001 and a date to be determined.

7.  Army Regulation 600-8-22 states the Republic of Vietnam Campaign Medal with Device (1960) is awarded by the Government of Vietnam to all members of the Armed Forces of the United States for qualifying service in Vietnam during the period 1 March 1961 through 28 March 1973.  Qualifying service included assignment in Vietnam for 6 months or more and having contributed direct combat support to the Republic of Vietnam and Armed Forces.

8.  Army Regulation 600-8-22 states a bronze service star is authorized based on qualifying service for each campaign listed in appendix B and that authorized service stars will be worn on the appropriate campaign or service medal, including the Vietnam Service Medal.

9.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows the 87th Engineer Battalion (Construction) was cited for award of the Meritorious Unit Commendation for the period August 1965-April 1966 by Department the Army General Orders Number 20, dated 1967.

10.  Department of the Army General Orders Number 8, dated 1974, authorized award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to all personnel assigned to U.S. Army Vietnam.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant completed a qualifying period of service for award of the National Defense Service Medal and Republic of Vietnam Campaign Medal with Device (1960).  Therefore, it would be appropriate to correct his records to show these awards on his DD Form 214.

2.  General orders authorized his unit awards of the Meritorious Unit Commendation and Republic of Vietnam Gallantry Cross with Palm Unit Citation; therefore, it would be appropriate to correct his records to show these unit awards on his DD Form 214.

3.  The evidence of record also shows he participated in two campaigns during his service in the Republic of Vietnam.  Therefore, he is entitled to two bronze service stars to be affixed on his Vietnam Service Medal.

4.  In view of the foregoing, his records should be corrected as recommended below.

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 the Vietnam Service Medal from item 26 of the applicant's DD Form 214;

	b.  adding to item 26 of his DD Form 214 the National Defense Service Medal, Vietnam Service Medal with two bronze service stars, Republic of Vietnam Campaign Medal with Device (1960), Meritorious Unit Commendation, and Republic of Vietnam Gallantry Cross with Palm Unit Citation; and

	c.  providing him a corrected document including these changes.



      ___________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)                                         AR20100027148



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ABCMR Record of Proceedings (cont)                                         AR20100027148



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