IN THE CASE OF:	  

		BOARD DATE:	  17 November 2011

		DOCKET NUMBER:  AR20110005299 


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 (Report of Separation from Active Duty) to show:

* An additional bronze service star for wear on his already-awarded Vietnam Service Medal
* The Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Any other awards or decorations he earned during his active service

2.  He also requests a one-time replacement of all of his service awards.

3.  The applicant states the campaign periods had not been established for the Vietnam Service Medal at the time he was awarded this medal.  He further states he just realized he may be entitled to further recognition.

4.  The applicant provides his DD Form 214 and a listing of Vietnam campaigns.

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 requested a replacement medal for all of his service awards; however, the ABCMR does not issue replacement sets.  The applicant is advised that requests for medal sets for previously approved awards should be forwarded to the National Personnel Records Center (NPRC), 1 Archives Drive, St. Louis, MO 63138.  The NPRC will verify the awards to which a retiree/veteran is entitled and forward the request with verification to the appropriate service department for issuance of the medals.  Requests to the NPRC may be submitted online through the eVetRecs system at http://www.archives.gov/veterans/military-service-records/standard-form-180.html or via mail or fax (314-801-9195) by letter or completing a Standard Form 180 (which is available for download at the same website.  At a minimum, all requests must include a copy of the retiree's/veteran's separation or discharge paperwork and any other supporting documentation to substantiate his request.  All requests must be signed and dated.  Therefore, this portion of the applicant's request will not be discussed further in these Proceedings.

3.  The applicant was inducted into Army of the United States on 11 September 1968.  He completed training and he was awarded military occupational specialty 13A (Field Artillery Basic).

4.  Special Orders Number 277, issued by Headquarters, U.S. Army Training Center, Fort Campbell, KY, dated 30 October 1968, awarded him the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14).

5.  Item 29 (Qualification in Arms) of his DA Form 20 shows he qualified as a marksman with the M-16 rifle on 15 January 1969.

6.  He served in Vietnam from 6 February 1969 to 3 February 1970.  He was assigned to Battery C, 2nd Battalion, 94th Artillery.

7.  General Orders Number 37, issued by Headquarters, 2nd Battalion,
36th Artillery, dated 5 August 1970, awarded him the Army Good Conduct Medal (1st Award) for the period 11 September 1968 to 10 September 1970.

8.  He was honorably released from active duty on 10 September 1970 at the expiration of his term of service.  Item 26 (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
* Republic of Vietnam Campaign Medal with Device (1960)
* Army Commendation Medal
* Two overseas service bars
* Marksman Marksmanship Qualification Badge with Rifle Bar

9.  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 four campaigns:

* 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)

10.  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.  Paragraph 6d states that Department of the Army General Orders 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.

DISCUSSION AND CONCLUSIONS:

1.  General orders awarded him the Army Good Conduct Medal (1st Award) for the period 11 September 1968 through 10 September 1970.  Therefore, his DD Form 214 should be corrected to show this award.

2.  Records show the applicant participated in four campaign phases during his service in Vietnam.  Therefore, he is entitled to four bronze service stars for wear on his already-awarded Vietnam Service Medal and correction of his
DD Form 214 to show these bronze service stars.

3.  All units in Vietnam were cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  Therefore, his DD Form 214 should be corrected to show this unit award.

4.  Special orders awarded him the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14) which is not shown on his DD Form 214.  Therefore, his DD Form 214 should be corrected to show this 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:

	a.  deleting from item 26 of his DD Form 214 the Vietnam Service Medal, and

	b.  adding to item 26 of his DD Form 214 the:

* Army Good Conduct Medal (1st Award)
* Vietnam Service Medal with four bronze service stars
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Sharpshooter 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)                                         AR20110005299



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ABCMR Record of Proceedings (cont)                                         AR20110005299



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