IN THE CASE OF:	  

		BOARD DATE:	  30 August 2011

		DOCKET NUMBER:  AR20110003473 


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 award of the Vietnam Service Medal with two or three bronze service stars, Republic of Vietnam Gallantry Gross with Palm Unit Citation, Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, and all other unit awards to which he is entitled.

2.  The applicant states his awards were omitted at the time of his separation.

3.  The applicant provides a copy of his DD Form 214 and documents from his Official Military Personnel File (OMPF).

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 was inducted into the Army of the United States in Atlanta, GA on 3 February 1966.  He completed his training at Fort Carson, CO and he was awarded military occupational specialty 76A (supply clerk).  He was transferred to Vietnam on 4 November 1966 and he was assigned to Headquarters and Headquarters Battery, 1st Battalion, 21st Artillery Regiment, 1st Cavalry Division as a supplyman.  He was promoted to the rank/grade of sergeant (SGT)/E-5 on 24 September 1967.

3.  He departed Vietnam on 6 November 1967 and he was transferred to Fort Lewis, WA for separation processing.  On 8 November 1967, he was honorably released from active duty (REFRAD) as an overseas returnee.  He completed
1 year, 9 months, and 6 days of total active service. 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
* Vietnam Campaign Medal
* Army Good Conduct Medal
* Air Medal
* Army Commendation Medal

4.  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.  Appendix B shows that during his service in Vietnam, the applicant participated in the following two campaigns:

* Vietnam Counteroffensive Phase II (1 July 1966 - 31 May 1967)
* Vietnam Counteroffensive Phase III (1 June 1967 - 29 January 1968)

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 the 1st Battalion, 21st Artillery Regiment, the unit to which the applicant was assigned, was cited for award of the:

* Meritorious Unit Commendation for the period 1 February through           31 October 1967 by Department of the Army General Order (DAGO) Number 54, dated 1968
* Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 9 August 1965 through 19 May 1969 by DAGO Number 59, dated 1969
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 1 January 1969 through 1 February 1970 by DAGO 42, dated 1972

DISCUSSION AND CONCLUSIONS:

1.  The applicant participated in two campaigns during his service in Vietnam.  Therefore, he is entitled to no more than two bronze service stars for wear on his already-awarded Vietnam Service Medal and correction of his
DD Form 214 to show two bronze service stars.

2.  The applicant’s unit was cited for award of the Meritorious Unit Commendation and 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 these unit awards.

3.  Records show the 1st Battalion, 21st Artillery Regiment was cited for award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 1 January 1969 through 1 February 1970.  However, the applicant was not assigned to this unit during the period of the award.  Therefore, he is not entitled to correction of his DD Form 214 to show this unit award.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___X____  ____X___  ____X___  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1. The Board determined that the evidence presented was 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 from item 24 of his DD Form 214 the Vietnam Service Medal; and

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

* VSM with two bronze service stars
* Meritorious Unit Commendation
* Republic of Vietnam Gallantry Cross with Palm Unit Citation

2.  The Board further determined that 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 adding to his DD Form 214 more than two bronze service stars for wear on his already-awarded Vietnam Service Medal and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.



      ___________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)                                         AR20110003473



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ABCMR Record of Proceedings (cont)                                         AR20110003473



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