IN THE CASE OF:	  

		BOARD DATE:	    21 July 2011

		DOCKET NUMBER:  AR20110001683 


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 four unit awards his unit received for the period he served in Vietnam.

2.  He states he served in Vietnam from 26 April 1969 to 8 August 1970 and the awards were presented after he was discharged from the Army.

3.  He provides three Department of the Army general orders (DAGO).

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 enlisted in the Regular Army on 5 January 1968.  After completing initial entry training, he was awarded military occupational specialty 82C (Field Artillery Surveyor).  He was honorably released from active duty on 8 August 1970 by reason of early separation of overseas returnees.  He completed 2 years, 7 months, and 4 days of total active service.

3.  His DA Form 20 (Enlisted Qualification Record) shows in:

* item 31 (Foreign Service) he was credited with service in Vietnam from 25 April 1969 to 7 August 1970
* item 38 (Record of Assignments) he was assigned for duty in Vietnam with Headquarters and Headquarters Battery, 8th Target Acquisition Battalion, 25th Artillery, from 29 April 1969 to 4 August 1970

4.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214, as amended by a DD Form 215 (Correction to DD Form 214), dated 22 July 2010, shows he was awarded the:

* National Defense Service Medal
* Vietnam Service Medal (VSM)
* Republic of Vietnam (RVN) Campaign Medal
* Army Commendation Medal
* Bronze Star Medal with 1st Oak Leaf Cluster and "V" Device
* Purple Heart
* Army Good Conduct Medal

5.  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 Headquarters and Headquarters Battery, 8th Battalion, 25th Artillery, was awarded the:

* Meritorious Unit Commendation (MUC) for the period 1 June 1968 to 30 September 1969 by DAGO 39, dated 1970
* RVN Civil Actions Honor Medal First Class Unit Citation for the period 3 December 1966 to 15 January 1971 by DAGO 51, dated 1971

6.  DAGO 8, dated 1974, announced award of the RVN Gallantry Cross with Palm Unit Citation to Headquarters, U.S. Military Assistance Command, and its subordinate units during the period 8 February 1962 to 28 March 1973 and to Headquarters, U.S. Army Vietnam, and its subordinate units during the period 20 July 1965 to 28 March 1973.



7.  The applicant provides:

	a.  DAGO 48, dated 1971, in which he highlighted the section pertaining to award of the MUC to Headquarters and Headquarter Battery, II Field Force Vietnam Artillery, for the period 16 February 1969 to 31 January 1970.  His unit is not listed in the highlighted section or elsewhere in the orders.

	b.  DAGO 51, dated 1971, in which he highlighted the sections pertaining to award of the RVN Gallantry Cross with Palm Unit Citation for the period 29 April 1970 through 30 June 1970 and the RVN Civil Actions Honor Medal First Class Unit Citation for the period June 1966 through 15 January 1971.  His unit is not listed in the section pertaining to the RVN Gallantry Cross with Palm Unit Citation, but is named in the section pertaining to the RVN Civil Actions Honor Medal First Class Unit Citation for the period 3 December 1966 to 15 January 1971.

	c.  DAGO 16, dated 1972, in which he highlighted the section pertaining to the award of the MUC to Headquarters and Headquarters Company, II Field Force Vietnam, and several supporting units for the period 1 November 1969 to 1 March 1971.  His unit is not listed in the highlighted section or elsewhere in the orders.

8.  A review of his records indicates entitlement to additional awards and decorations that are not shown on his DD Form 214.

9.  Army Regulation 600-8-22 (Military Awards) states a bronze service star is worn on the appropriate service ribbon, to include the VSM, for each credited campaign.  A silver service star is authorized in lieu of five bronze service stars.  The Vietnam campaigns are listed in appendix B.  His service in Vietnam coincided with six campaigns:

* Tet 69 Counteroffensive 1969 (23 February-8 June 1969)
* Vietnam Summer-Fall 1969 (9 June-31 October 1969)
* Vietnam Winter-Spring 1970 (1 November 1969-30 April 1970)
* Sanctuary Counteroffensive (1 May-30 June 1970)
* Vietnam Counteroffensive Phase VII (1 July 1970-30 June 1971)
* Consolidation I (1 July-30 November 1971)

10.  Headquarters, 160th Engineer Group (Construction), Fort Bragg, NC, issued the following orders awarding him marksmanship qualification badges.

* Special Orders Number 103, dated 13 November 1968, awarded him the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16)
* Special Orders Number 104, dated 20 November 1968, awarded him the Expert Marksmanship Qualification Badge with Rifle Bar (M-14)

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record does not support the applicant's request for correction of his record to show four unit awards.

2.  The records show the 8th Battalion, 25th Artillery, was cited for three awards for periods during which he was assigned to the unit:  MUC, RVN Civil Actions Honor Medal First Class Unit Citation, and RVN Gallantry Cross with Palm Unit Citation.  Therefore, he is entitled to correction of his DD Form 214 to show these unit awards.

3.  Except for the portion of DAGO 51 pertaining to the RVN Civil Actions Honor Medal First Class Unit Citation, the DAGO the applicant provides do not announce awards given to his unit.  In the absence of evidence showing he was assigned to a unit named in these orders, he is not entitled to correction of his record to show the unit awards announced in the orders.

4.  He was awarded the VSM and he participated in six campaigns while serving in Vietnam.  Therefore, he is entitled to correction of his DD Form 214 to show one silver and one bronze service star for wear on the previously-awarded VSM.

5.  Special orders awarded him the Expert Marksmanship Qualification Badge with Rifle Bar (M-14) and Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16).  Therefore, he is entitled to correction of his DD Form 214 to show these badges.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___X____  ___X___  ___X____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION



BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined the evidence presented is sufficient to warrant a recommendation for partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

	a.  deleting the VSM from item 24 of his DD Form 214 and

	b.  adding to item 24 of his DD Form 214 the:

* VSM with one silver service star and one bronze service star
* MUC
* RVN Civil Actions Honor Medal First Class Unit Citation
* RVN Gallantry Cross with Palm Unit Citation
* Expert Marksmanship Qualification Badge with Rifle Bar (M-14)
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16)

2.  The Board further determined the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to a fourth unit award.



      _______ _  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)                                         AR20110001683



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ABCMR Record of Proceedings (cont)                                         AR20110001683



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