IN THE CASE OF:	  

		BOARD DATE:	    15 September 2011

		DOCKET NUMBER:  AR20110004269 


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 his campaign medals and all other medals be added to his DD Form 214 (Report of Separation from Active Duty).

2.  The applicant states his DD Form 214 is missing medals.

3.  The applicant provides no additional evidence in support of his application.

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 5 January 1966 for a period of 3 years.  He completed basic combat and advanced individual training and was awarded military occupational specialty 76M (Ammunition Records Clerk).

3.  He served in the Republic of Vietnam from 15 June 1966 to 11 June 1967, a period of 11 months and 27 days.  He was assigned to the 820th Ordnance Company from 5 July 1966 to 11 June 1967.

4.  On 19 November 1967, he started a series of periods of being absent without leave.  This ultimately led to his request for a discharge in lieu of trial by court-martial.

5.  On 10 September 1969, he was discharged in lieu of trial by court-martial and issued an Undesirable Discharge Certificate.  He had 209 days of time lost and 127 days time lost subsequent to his normal expiration of service.

	a.  On 6 August 1976, he was awarded a clemency discharge pursuant to Presidential Proclamation 4313 of 16 September 1964.  

	b.  On 27 July 1977, the Army Discharge Review Board (ADRB) upgraded his discharge to a general discharge under honorable conditions.  A new DD Form 214 was issued.

	c.  On 28 July 1978 the ADRB affirmed his discharge upgrade.

	d.  On 1 September 1978 the ADRB re-reviewed his previous upgrade and formed his Department of Defense Special Discharge Review Program upgrade.

6.  Item 18f (Foreign and/or Sea Service this Period) of his DD Form 214 contains the entry 0 0 0 (zero years, zero months, and zero days).

7.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 contains the entry "NONE."

8.  Based on the applicant's dates of service in Vietnam, Table B-1 of Army Regulation 600-8-22 (Military Awards) shows he served in the:

* Vietnam Counteroffensive Campaign (25 December 1965 - 30 June 1966)
* Vietnam Counteroffensive, Phase II Campaign (1 July 1966 - 31 May 1967)
* Vietnam Counteroffensive, Phase III Campaign (1 June 1967 - 29 January 1968) 

9.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists campaign participation credit, assault landing credit, unit citation emblems awarded during the Vietnam Conflict.

	a.  During the time of the applicant’s assignment to the 820th Ordnance Company the unit was awarded the Meritorious Unit Commendation (Army) for the period from 1 May 1967 to 30 April 1968

	b.  All units assigned in Vietnam from 8 February 1962 through 28 March 1973 were awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation, based on Department of the Army General Order Number 8, dated 1974.

10.  Army Regulation 600-8-22 prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards.

	a.  The National Defense Service Medal was awarded for honorable active service for any period from 1 January 1961 and 14 August 1974.  

	b.  The Vietnam Service Medal was awarded to all members of the Armed Forces of the United States for qualifying service in Vietnam after 3 July 1965 through 28 March 1973.  Qualifying service included attachment to or assignment for 1 or more days with an organization participating in or directly supporting military operations.  This same regulation states a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each credited campaign.  

	c.  The Republic of Vietnam Campaign Medal with Device (1960) was awarded by the Government of Vietnam to all members of the Armed Forces of the United States for qualifying service in Vietnam during the period 1 March 1961 through 28 March 1973.  Qualifying service included assignment in Vietnam for 6 months or more.  

DISCUSSION AND CONCLUSIONS:

1.  Based his service with the 820th Ordnance Company, he is authorized the Meritorious Unit Commendation (Army).

2.  His records show honorable active service from 5 January 1966 to 11 June 1967.  Therefore, he is authorized the National Defense Service Medal.

3.  Based on his service in the Republic of Vietnam he is authorized the:

* Vietnam Service Medal
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Campaign Medal with Device (1960)
4.  He participated in three campaigns while in the Republic of Vietnam.  Therefore he is authorized three bronze service stars for his Vietnam Service Medal.

5.  Item 18f of his DD Form 214 does not show he served any time overseas.  Once the above awards based on foreign service are entered on his DD Form 214 the lack of time showing in item 18f would not validate the awards shown.  He would not be authorized these awards if he had not been overseas.  Therefore, it is appropriate to correct item 18f to show 0 11 27 (zero years, 
11 months, and 27 days).

BOARD VOTE:

___X___  ___X____  ___X____  GRANT FULL RELIEF 

________  ________  ________  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 relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by changing item 18f of his DD Form 214 to read 0 11 27 instead of 0 0 0.

2.  The Board also recommends that all Department of the Army records for the individual concerned be corrected and item 26 of his DD Form 214 be amended to show he is authorized the:

* Meritorious Unit Commendation (Army) 
* National Defense Service Medal
* Vietnam Service Medal with three bronze service stars
* 
Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Campaign Medal with Device (1960



      ___________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)                                         AR20110004269





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ABCMR Record of Proceedings (cont)                                         AR20110004269



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