IN THE CASE OF:	  

		BOARD DATE:	  30 June 2011

		DOCKET NUMBER:  AR20100030366 


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) for the period ending 5 October 1973 to show award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and National Defense Service Medal (NDSM). 

2.  The applicant states these awards are not shown on his DD Form 214.

3.  The applicant provides:

* undated letter pertaining to his medals
* one page of his DA Form 20 (Enlisted Qualification Record)
* DD Form 214 for the period ending 5 October 1973

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 enlisted in the Regular Army on 10 June 1969 for a period of 4 years.  He completed training and was awarded military occupational specialty 05H (Morse interceptor).  On 9 February 1970, he was honorably discharged for immediate reenlistment.

3.  His DD Form 214 for the period ending 17 February 1970 (it appears this date is incorrect since his enlistment contract shows he was honorably discharged on 9 February 1970) shows the NDSM and Marksman Marksmanship Qualification Badge with Rifle Bar as authorized awards.  

4.  His enlistment contract shows he reenlisted on 17 February 1970 for a period of 4 years.  He arrived in Vietnam on 4 November 1970.  He served as a Morse interceptor assigned to the 371st Radio Research Company in Vietnam from 10 November 1970 to 14 March 1971.  He was assigned to the 175th Radio Research Company in Vietnam from 15 March 1971 to 28 October 1971.  On 5 October 1973, he was honorably discharged.

5.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 for the period ending 5 October 1973 shows the:

* Vietnam Service Medal with one bronze service star
* Republic of Vietnam Gallantry Cross with Palm Unit Citation (listed as the Vietnam Cross of Gallantry with Palm)
* Republic of Vietnam Campaign Medal with Device (1960)
* Army Good Conduct Medal
* Meritorious Unit Commendation
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar
* two overseas service bars
* one service stripe
* Expert Marksmanship Qualification Badge with Rifle Bar

6.  Since the Republic of Vietnam Gallantry Cross with Palm Unit Citation (although listed as the Vietnam Cross of Gallantry with Palm) is shown on this DD Form 214, his request for this unit citation will not be discussed further in this Record of Proceedings.



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 applicant's unit, the 175th Radio Research Company, was cited for award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation by Department of the Army General Orders Number 6, dated 1974.

8.  Records show he participated in two campaigns during his assignment in Vietnam.

9.  Army Regulation 600-8-22 (Military Awards) states the NDSM 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.  

10.  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.  

DISCUSSION AND CONCLUSIONS:

1.  The 175th Radio Research Company was cited for award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation while he was assigned to it.  Therefore, his DD Form 214 for the period ending 5 October 1973 should be corrected to show this unit award.

2.  He served a period of qualifying service for award of the NDSM.  His DD Form 214 for the period ending 5 October 1973 should be corrected to show this medal.  

3.  His DD Form 214 for the period ending 5 October 1973 shows the Vietnam Service Medal with one bronze service star.  However, he participated in two campaigns during his service in Vietnam.  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.







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 with one bronze service star from item 24 of his DD Form 214 for the period ending 5 October 1973 and

	b.  adding the NDSM, Vietnam Service Medal with two bronze service stars, and Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation to item 24 of this DD Form 214 for the period ending 5 October 1973.



      _______ _  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)                                         AR20100030366



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20100030366



4


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1