BOARD DATE:	  8 September 2011

		DOCKET NUMBER:  AR20110003925 


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 authorized awards and decorations.

2.  The applicant states he was awarded the Bronze Star Medal with 1st Oak Leaf Cluster and Army Commendation Medal with 1st Oak Leaf Cluster, which represents two awards of each decoration; however, his DD Form 214 only shows one award of each decoration.  He also states his unit was cited for several awards of the Meritorious Unit Commendation.

3.  The applicant provides copies of his award orders, certificates, and citations pertaining to the Bronze Star Medal and Army Commendation Medal.

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 for a period of 24 months on 15 January 1968.  He then enlisted in the Regular Army for a period of 3 years on 18 January 1968.

3.  The applicant's DA Form 20 (Enlisted Qualification Record) shows in:

	a.  item 31 (Foreign Service) that he served in the Republic of Vietnam (RVN) from 18 July 1968 through 21 August 1970;

	b.  item 38 (Record of Assignments) that he was assigned to:

		(1)  Headquarters, Long Lines Battalion South, from 24 July through 21 November 1968;

		(2)  U.S. Army Strategic Communications Command (USASTRATCOM) [1st Signal Brigade], Long Lines Battalion South, with duty station Long Lines Area Long Binh from 22 November 1968 through 14 June 1969; and

		(3)  Company B, 369th Signal Battalion, from 15 June through 21 August 1969;

	c.  item 39 (Campaigns) that he participated in the Vietnam Counteroffensive Phase V, Vietnam Counteroffensive Phase VI, Tet 69 Counteroffensive 1969, and an 11th unnamed campaign; and

	d.  item 41 (Awards and Decorations) that he was awarded or authorized the National Defense Service Medal, Vietnam Service Medal, Republic of Vietnam Campaign Medal with Device (1960), four overseas service bars, Bronze Star Medal with 1st Oak Leaf Cluster, Army Commendation Medal, Army Good Conduct Medal, and Expert Marksmanship Qualification Badge with Rifle Bar 
(M-14).

4.  General orders (GO) issued by Headquarters, 1st Signal Brigade, USASTRATCOM, awarded the applicant the following:

* Bronze Star Medal for meritorious service in the RVN from 6 August 1968 to 31 May 1969 by GO Number 1304, dated 18 June 1969
* Army Commendation Medal for meritorious achievement in the RVN from 22 September to 13 November 1969 by GO Number 214, dated 23 January 1970
* Bronze Star Medal with 1st Oak Leaf Cluster [2nd Award] for meritorious service in the RVN from 1 June 1969 to 17 January 1970 by GO Number 672, dated 14 March 1970
* Army Commendation Medal with 1st Oak Leaf Cluster [2nd Award] for meritorious service in the RVN from 20 January to 21 August 1970 by GO Number 2393, dated 15 September 1970

5.  The applicant's DD Form 214 shows he was honorably released from active duty on 22 August 1970 and transferred to the U.S. Army Reserve Control Group (Annual Training) to complete his Reserve obligation.

	a.  He completed 2 years, 7 months, and 5 days of net active service during this period, including 2 years, 1 month, and 5 days of foreign service in the RVN.

	b.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) shows the:

* National Defense Service Medal
* Vietnam Service Medal
* Republic Vietnam Campaign Medal
* Army Commendation Medal
* Bronze Star Medal
* Army Good Conduct Medal

6.  A review of the applicant's military personnel records reveals he is authorized additional awards that are not shown on his DD Form 214.

7.  Headquarters, U.S. Army Training Center, Fort Campbell, KY, Special Orders Number 62, dated 6 March 1968, awarded him the Expert Marksmanship Qualification Badge with Rifle Bar (M-14).

8.  The applicant's DA Form 20 shows he qualified for and was awarded the Vietnam Service Medal, but his DD Form 214 does not show he was awarded any bronze service stars to signify campaign participation credit.

9.  Paragraph 2-13 of Army Regulation 600-8-22 (Military Awards) contains the regulatory guidance for the Vietnam Service Medal.  It states that one bronze service star is authorized with this service medal for each Vietnam campaign a member is credited with participating in.  One silver service star is authorized in lieu of five bronze service stars.

10.  Table B-1 of Army Regulation 600-8-22 contains a list of Vietnam Conflict campaigns and shows that during the applicant's service in Vietnam participation credit was awarded for the following seven campaigns:

* Vietnam Counteroffensive Phase V (1 July-1 November 1968)
* Vietnam Counteroffensive Phase VI (2 November 1968-22 February 1969)
* 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)
* DA Sanctuary Counteroffensive (1 May-30 June 1970)
* Vietnam Counteroffensive Phase VII (1 July 1970-30 June 1971)

11.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) was published to assist commanders and personnel officers in determining or establishing the eligibility of Soldiers for campaign participation credit, assault landing credit, and unit citation badges awarded during the Vietnam Conflict.  This pamphlet shows that at the time of the applicant's assignment to:

	a.  Headquarters, Long Lines Battalion South, and USASTRATCOM, Long Lines Battalion South, the unit was awarded the Meritorious Unit Commendation by Department of the Army GO (DAGO) Number 54, dated 1968;

	b.  Company B, 369th Signal Battalion, the battalion was awarded the Meritorious Unit Commendation by DAGO Number 2, dated 1971; and

	c.  paragraph 6d states that DAGO Number 8, dated 1974, announced award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to Headquarters, U.S. Army Vietnam, and its subordinate units during the period 20 July 1965 to 28 March 1973.

12.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It establishes standardized policy for the preparation of the DD Form 214.  It states that awards and decorations for all periods of service will be entered on the DD Form 214 in the priority sequence specified in Army Regulation 600-8-22.  Each entry will be verified by the Soldier's records.



DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 should be corrected to show all of his authorized awards and decorations.

2.  GOs awarded the applicant two awards of the Bronze Star Medal and two awards of the Army Commendation Medal.

3.  GOs awarded the applicant's units the Meritorious Unit Commendation on two separate occasions.  GOs also awarded his unit the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

4.  Records show the applicant participated in seven campaigns during his service in the RVN.  Therefore, he is entitled to one silver and two bronze service stars for wear on his already-awarded Vietnam Service Medal.

5.  Special orders awarded the applicant the Expert Marksmanship Qualification Badge with Rifle Bar (M-14).

6.  In view of the foregoing, it would be appropriate to correct the applicant's DD Form 214 to show his awards and decorations as recommended below.

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 all of the award entries from item 24 of his DD Form 214 and



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

* Bronze Star Medal (2nd Award)
* Army Commendation Medal (2nd Award)
* Army Good Conduct Medal (1st Award)
* National Defense Service Medal
* Vietnam Service Medal with one silver and two bronze service stars
* Republic of Vietnam Campaign Medal with Device (1960)
* Meritorious Unit Commendation (2nd Award)
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Expert Marksmanship Qualification Badge with Rifle Bar (M-14)



      ____________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)                                         AR20110003925



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ABCMR Record of Proceedings (cont)                                         AR20110003925



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