IN THE CASE OF:	  

		BOARD DATE:	  9 June 2011

		DOCKET NUMBER:  AR20100028553 


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:

* Republic of Vietnam Campaign Medal with Device (1960)
* three or four bronze service stars for wear on his already-awarded Vietnam Service Medal
* two overseas service bars

2.  The applicant states the awards were left off his DD Form 214 upon his release from active duty.

3.  The applicant provides:

* his DD Form 214
* page 4 of his DA Form 20 (Enlisted Qualification Record)
* criteria for award of the Vietnam Service Medal and related campaigns
* listing of unit awards pertaining to his unit of assignment in Vietnam

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.  With respect to the overseas service bar, Army Regulation 670-1 (Uniforms and Insignia) governs the requirements for the overseas service bar.  It states a bar is authorized for wear for each period of active Federal service as a member of the U.S. Army outside of the continental limits of the United States for the specific time frames and areas of operation cited in Army Regulation 670-1 or appropriate Department of the Army message.  For Vietnam service, one overseas service bar was authorized for each period of 6 months active Federal service as a member of a U.S. Service in Vietnam from 1 July 1958 to 28 March 1973.  Both the month of arrival and the month of departure from Vietnam were counted as whole months for credit toward the overseas service bar.  However, as the overseas service bars are items of clothing, there is no provision to list the overseas service bars on the DD Form 214.  Therefore, this portion of the applicant's request will not be discussed further in these Proceedings.

3.  The applicant enlisted in the Regular Army on 19 June 1967 for a period of 4 years.  He held military occupational specialty 05C (Morse Code Interceptor).  He served in Vietnam with the 175th Radio Research Company from 24 July 1968 to 21 July 1969.  

4.  Special Orders Number 216, issued by Headquarters, U.S. Army Training Center, Fort Leonard Wood, MO, dated 4 August 1967, awarded the applicant the Marksman Marksmanship Qualification Badge with Rifle Bar for qualifying with the M-14 rifle.

5.  He was honorably released from active duty on 11 June 1971 and he was transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement) for completion of his Reserve obligation.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the:

* National Defense Service Medal
* Vietnam Service Medal
* 
Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16)
* Army Good Conduct Medal

6.  Army Regulation 600-8-22 (Military Awards) states the Republic of Vietnam Campaign Medal with Device (1960) was 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.

7.  Army Regulation 600-8-22, 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 Counteroffensive Phase V (1 July - 1 November 1968)
* Vietnam Counteroffensive Phase VI (2 November 1968 - 22 February 1969)
* Tet 69 Counteroffensive, 1969 (23 February - 8 June 1969)
* Vietnam Summer - Fall 1969 (9 June - 31 October 1969)

8.  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 175th Radio Research Company, the unit to which the applicant was assigned, was cited for award of the:

* Meritorious Unit Commendation for the period 1 August 1967 through
31 July 1968 by Department of the Army General Orders (DAGO)
Number 28, dated 1969
* Meritorious Unit Commendation for the period 1 August 1968 through
30 September 1968 by DAGO Number 51, dated 1971
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 1 January 1969 through 30 April 1971 by DAGO Number 6, dated 1974

9.  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.

DISCUSSION AND CONCLUSIONS:

1.  The applicant participated in four campaign phases during his service in Vietnam.  Therefore, he is entitled to four 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 evidence of record shows the applicant served a qualifying period of service in Vietnam for the Republic of Vietnam Campaign Medal with Device "1960."  Therefore, he is entitled to correction of his DD Form 214 to show this award.

3.  The applicant's unit in Vietnam was cited for two awards of the Meritorious Unit Commendation and award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.  Therefore, he is entitled to correction of his
DD Form 214 to show these unit awards.

4.  All units assigned to Headquarters, U.S. Army Vietnam were awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation during his period of assignment.  Therefore, he is entitled to correction of his DD Form 214 to show this unit award.

5.  Special orders show the applicant qualified as a marksman with the M-14 rifle. Therefore, his DD Form 214 should be corrected accordingly.

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 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 Campaign Medal with Device "1960"
* Meritorious Unit Commendation (2nd Award)
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-14)



      _______ _  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)                                         AR20100028553



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ABCMR Record of Proceedings (cont)                                         AR20100028553



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