BOARD DATE:	  6 October 2011

		DOCKET NUMBER:  AR20110005196 


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 Air Medal (AM), Bronze Star Medal (BSM), Vietnam Service Medal (VSM), and the Republic of Vietnam (RVN) Campaign Medal with 1960 Device (RVNCM w/1960 Device).

2.  The applicant states he served with the 1st Cavalry Division in the RVN.

3.  The applicant provides copies of his retirement orders, two DD Forms 214, and a Department of Veterans Affairs (VA) Form 21-4138 (Statement in Support of Claim). 

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.  At the time of his application, the applicant was retired in the rank of command sergeant major (CSM), pay grade E-9.

3.  Records show the applicant served in the RVN from 12 June 1970 to 21 April 1971, as the CSM, 1st Battalion, 21st Artillery Regiment, 1st Cavalry Division.

	a.  General Orders Number 4920, 1st Cavalry Division, dated 7 March 1971, awarded him the AM for meritorious service in June 1970.

	b.  General Orders Number 5142, 1st Cavalry Division, dated 10 March 1971, awarded him the 2nd through 7th AM for meritorious service during June through December 1970.

	c.  General Orders Number 7897, 1st Cavalry Division, dated 17 April 1971, awarded him the BSM for meritorious service during 26 January to 10 April 1971.

4.  On 21 April 1971, the applicant departed the RVN and was subsequently retired due to length of service.

5.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214, ending on 30 April 1971, indicates he was awarded the:


* Korean Service Medal
* United Nations Service Medal
* National Defense Service Medal (two awards)
* Army Commendation Medal (two awards)
* Republic of Korea Presidential Unit Citation
* Good Conduct Medal (five awards)
* Armed Forces Expeditionary Medal
* Army Occupation Medal with Japan Clasp
* Legion of Merit
* Bronze Star Medal
* Air Medal (seven awards)

6.  Army Regulation 600-8-22 (Military Awards):

	a.  states the Korean Service Medal is awarded for qualifying service in the theater of operations between 27 June 1950 and 27 July 1954.


	b.  states the Republic of Korea War Service Medal (ROKWSM) is awarded to members of the U.S. Armed Forces who served in Korea and adjacent waters between 25 June 1950 and 27 July 1953.  The service prescribed must have been performed as follows:  while on permanent assignment; while on temporary duty within the territorial limits of Korea or on waters immediately adjacent thereto for 30 consecutive days or 60 nonconsecutive days; or while as crew members of aircraft, in aerial flight over Korea participating in actual combat operations or in support of combat operations.

	c.  The VSM is 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.

	d.  The RVNCM with 1960 Device 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.  

	e.  Appendix B of this regulation shows that based on the applicant's dates of service in the Republic of Vietnam, he participated in the following two campaign periods: the DA Sanctuary Counteroffensive and the Vietnam Counteroffensive, Phase VII.  This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.

7.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in the Republic of Vietnam.  This publication shows that the 1st Battalion, 21st Artillery Regiment, during the time of the applicant's assignment, was cited in Department of the Army General Orders (DAGO) Number 43, dated in 1972 for award of the Valorous Unit Award (VUA); and in DAGO Number 42, dated in 1972 for award of the RVN Gallantry Cross with Palm Unit Citation.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214, ending on 30 April 1971, should be corrected to show award of the AM, BSM, VSM, and the RVNCM with 1960 Device.



2.  The applicant's DD Form 214 currently lists seven awards of the AM and award of the BSM.  Therefore, this portion of his request requires no further action.

3.  The applicant served during a qualifying period for award of the ROKWSM as evidenced by his award of the Korean Service Medal.  Therefore, his records should be corrected to show this award.

4.  Records show the applicant participated in two campaign periods during his service in the RVN.  Therefore, he is eligible for award of the VSM with two bronze service stars which should be shown on his DD Form 214.

5.  The applicant’s unit was cited in general orders for award of the VUA.  Therefore, his DD Form 214 should be corrected to show this unit award.

6.  Records show the applicant served during a qualifying period for award of the RVNCM with 1960 Device.  Therefore, his DD Form 214 should be corrected to show this award.

7.  The applicant’s unit was cited in general orders for award of the RVN Gallantry Cross with Palm Unit Citation.  Therefore, his DD Form 214 should be corrected to show this foreign unit award.

BOARD VOTE:

__x___  ___x_____  ___x_____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

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 




showing, in addition to the awards already shown on his last DD Form 214, that his awards include:

* Valorous Unit Award
* Vietnam Service Medal with two bronze service stars
* Republic of Vietnam Campaign Medal with 1960 Device
* Republic of Vietnam Gallantry Cross with Palm Unit citation
* Republic of Korea War 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)                                         AR20110005196



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ABCMR Record of Proceedings (cont)                                         AR20110005196



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