IN THE CASE OF:	  

		BOARD DATE:	  30 June 2011

		DOCKET NUMBER:  AR20100030461


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 all of his medals and decorations from his service in the Republic of Vietnam.   

2.  The applicant states his record is in error because it is missing his Vietnam medals.  

3.  The applicant provides his DD Form 214 and a letter from the City of Leominster, MA, Department of Veterans' Services, dated 17 December 2010.

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 record shows he was appointed as a Reserve commissioned officer of the Army, in the rank/pay grade of second lieutenant/O-1, on 8 June 1958.   On 6 August 1959, he completed the Field Artillery Officer Basic Course and was awarded specialty 1193 (Field Artillery Unit Commander).

3.  Records show he entered active duty on 21 March 1966.  He served in the Republic of Vietnam from 17 June 1968 through 12 June 1969.  During his service in Vietnam he was assigned to Headquarters and Headquarters Battery, 5th Battalion, 22nd Artillery Regiment,   I Field Force Vietnam.  

4.  His DD Form 214 shows he was honorably released from active duty on       14 June 1969.  His DD Form 214 confirms he completed 3 years, 2 months, and 24 days of net service during this period of active duty, including 11 months and 26 days of foreign service.  The highest rank/grade he attained while serving on active duty was captain/O-3.

5.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) shows he was awarded the National Defense Service Medal, Vietnam Service Medal, and the Republic of Vietnam Campaign Medal with Device (1960).

6.  Item 21 (Awards and Decorations) of his DA Form 66 (Officer Qualification Record) shows he was awarded the National Defense Service Medal, Vietnam Service Medal, Republic of Vietnam Campaign Medal with Device (1960), and    2 overseas service bars.

7.  A review of the Awards and Decorations Computer Assisted Retrieval System (ADCARS), an index of general orders issued during the Vietnam era between 1965 and 1973 maintained by the Military Awards Branch of the U.S. Army Human Resources Command, failed to reveal any personal decoration orders pertaining to the applicant.

8.  A review of his records indicates he is entitled to additional awards which are not shown on his DD Form 214.

9.  Special Orders Number 224, U.S. Army Security Agency Training Center and School, dated 15 November 1967, awarded him the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14), effective 18 October 1967.

10.  Special Orders Number 68, U.S. Army Security Agency Training Center and School, dated 28 March 1968, awarded him the Marksman Marksmanship Qualification Badge with Rifle Bar (M-16), effective 25 March 1968.
11.  General Orders Number 491, Headquarters, I Field Force Vietnam, dated 1 June 1969, awarded him the Bronze Star Medal for meritorious service in connection with military operations against an armed hostile force in the Republic of Vietnam, from October 1968 through June 1969.

12.  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 was cited for award of the:

* Meritorious Unit Commendation, for the period 24 December 1967 through 30 April 1969, by Department of the Army General Orders (DAGO) Number 39, 1970
* Republic of Vietnam Gallantry Cross with Palm Unit Citation, for the period 1 August 1965 through 16 April 1971, by DAGO Number 54, dated 1974

13.  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.  A silver service star is authorized in lieu of five bronze service stars.  Appendix B shows that during his service in Vietnam, participation credit was awarded for the following five campaigns:

* Vietnam Counteroffensive Phase IV (2 April 1968 – 30 June 1968)
* Vietnam Counteroffensive Phase V (1 July 1968 – 1 November 1968)
* Vietnam Counteroffensive Phase VI (2 November 1968 – 22 February 1969)
* Tet 69 Counteroffensive, 1969 (23 February 1969 – 8 June 1969)
* Vietnam Summer – Fall 1969 (9 June 1969 – 31 October 1969)

DISCUSSION AND CONCLUSIONS:

1.  The applicant served in the Republic of Vietnam from 17 June 1968 through 12 June 1969.

2.  Special orders awarded him the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14) and the Marksman Marksmanship Qualification Badge with Rifle Bar (M-16), which are not shown on his DD Form 214; therefore, he is entitled to correction of his DD Form 214 to show these awards.

3.  General orders awarded him the Bronze Star Medal, which is not shown on his DD Form 214; therefore, he is entitled to correction of his DD Form 214 to show this award.
4.  General orders awarded his unit of assignment in Vietnam the Meritorious Unit Commendation and the Republic of Vietnam Gallantry Cross with Palm Unit Citation, which are not shown on his DD Form 214; therefore, he is entitled to correction of his DD Form 214 to show these unit awards.

5.  He participated in five campaign phases during his service in Vietnam; therefore, he is entitled to a single silver service star for wear on his already-awarded Vietnam Service Medal, and to correction of his DD Form 214 to show this service star.

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 amending item 24 of his DD Form 214, for the period ending 14 June 1969, by adding the:

* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-16)
* Bronze Star Medal
* Meritorious Unit Commendation
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* 1 silver service star to be affixed to his already-awarded Vietnam Service Medal



      _____________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)                                         AR20100015543



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ABCMR Record of Proceedings (cont)                                         AR20100030461



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