IN THE CASE OF:	  

		BOARD DATE:	  11 August 2011

		DOCKET NUMBER:  AR20100028966 


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 one bronze service star
* Republic of Vietnam Campaign Medal with Device (1960)
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation  

2.  He also requests item 12 (Last Duty Assignment and Major Command) of his 
DD Form 214 be amended.

3.  The applicant states:

* He participated in one campaign in Vietnam and one bronze service star should be added to his Vietnam Service Medal
* The entry "Device (1960)" should be added to the Republic of Vietnam Campaign Medal shown on his DD Form 214
* The 4th Battalion, 47th Infantry Regiment received the Republic of Vietnam Gallantry Cross with Palm Unit Citation and Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation
* His last duty assignment and major command was Company B, 4th Battalion, 47th Infantry Regiment, 9th Infantry Division 



4.  The applicant provides 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.  He was inducted into the Army of the United States on 29 November 1967.  He completed his training and he was awarded military occupational specialty 11B (Light Weapons Infantryman).  He arrived in Vietnam on 5 November 1968.  He was assigned to Company B, 4th Battalion, 47th Infantry Regiment, 9th Infantry Division in Vietnam from 14 November 1968 until he was wounded in action on 20 February 1969 and transferred to Japan for medical treatment.  On 26 September 1969, he was retired by reason of temporary physical disability and placed on the Temporary Disability Retired List.  

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

* National Defense Service Medal
* Combat Infantry Badge (correctly known as the Combat Infantryman Badge)
* Vietnam Service Medal
* Vietnam Campaign Medal (correctly known as the Republic of Vietnam Campaign Medal with Device (1960))
* Good Conduct Medal  

4.  Records show the applicant participated in one campaign during his assignment in Vietnam.

5.  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 the applicant's unit (4th Battalion, 47th Infantry) at the time of his assignment was awarded the:
* Republic of Vietnam Gallantry Cross with Palm Unit Citation by Department of the Army General Orders (DAGO) 59, dated 1969
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation by DAGO 59, dated 1969

6.  A DD Form 215 (Correction to DD Form 214), dated 23 July 2007 amended item 24 of his DD Form 214 to add the Purple Heart.

7.  A DD Form 215, dated 12 April 2011, amended item 12 of his DD Form 214 to show the entry "CO B 4TH BN 47TH INF 9TH DIV USARPAC//NOTHING FOLLOWS."  Therefore, this correction no longer needs to be accomplished and this portion of his request need not be discussed further in these proceedings. 

8.  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.  Individuals who had qualified for award of the Vietnam Service Medal or the Armed Forces Expeditionary Medal and were evacuated prior to completing six months of service due to wounds resulting from hostile action were entitled to award of the Vietnam Campaign Medal.

9.  Army Regulation 600-8-22 states a bronze service star is worn on the appropriate service ribbon, to include the Vietnam Service Medal, for each credited campaign.  

DISCUSSION AND CONCLUSIONS:

1.  His DD Form 214 shows the Vietnam Service Medal as an authorized award.  However, he participated in one campaign during his assignment in Vietnam which entitles him to award of the Vietnam Service Medal with one bronze service star.  His DD Form 214 should be corrected to show this award.

2.  His DD Form 214 shows the Vietnam Campaign Medal as an authorized award.  However, since this medal is correctly known as the Republic of Vietnam Campaign Medal with Device (1960), his DD Form 214 should be corrected. 

3.  His unit was cited for the Republic of Vietnam Gallantry Cross with Palm Unit Citation and Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation while he was assigned to it.  His DD Form 214 should be corrected to show these unit awards.

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 the entry "Vietnam Campaign Medal" from item 24 of his DD Form 214; and

	b.  adding the Republic of Vietnam Campaign Medal with Device (1960), Republic of Vietnam Gallantry Cross with Palm Unit Citation, Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, and one bronze service star for wear on his already-awarded Vietnam Service Medal in item 24 of his DD Form 214.  



      __________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)                                         AR20100028966



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ABCMR Record of Proceedings (cont)                                         AR20100028966



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