IN THE CASE OF:	  

		BOARD DATE:	  13 October 2011

		DOCKET NUMBER:  AR20110007919 


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) for the period ending 4 August 1971 to show:

* award of the Army Commendation Medal (ARCOM)
* all service awards to which he is entitled
* his service in the Republic of Vietnam (RVN)

2.  The applicant states, in effect, his ARCOM and his 13 months of service in the RVN were omitted from his DD Form 214.  At the time of his separation from active duty, he separated on temporary records and his awards and foreign service were not validated.

3.  He provides:

* his DD Form 214
* ARCOM orders

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 enlisted in the Regular Army on 11 June 1968 for a 3-year term of service.  He successfully completed basic and advanced individual training at Fort Leonard Wood, MO and was awarded military occupational specialty (MOS) 12C (Bridge Specialist).

3.  The applicant had service in Germany with the 23rd Engineer Battalion, 3rd Armored Division.  The dates of this assignment are unknown.

4.  The applicant was awarded the ARCOM for meritorious service in connection with military operations against a hostile force for the period September 1970 through August 1971.  The general orders show he was assigned to Company A, 7th Engineer Battalion, 1st Infantry Brigade, 5th Infantry Division.  Army lineage records show this unit served in the RVN from 1968 to 1971.

5.  He was honorably released from active duty 4 August 1971 at Fort Lewis, WA, as an overseas returnee.

6.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Authorized or Awarded) of his DD Form 214 for the period ending 4 August 1971 shows award of the National Defense Service Medal and the entry “NVAL” [not evaluated].  Item 30 (Remarks) shows no entry for Vietnam service.

7.  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 Company A, 7th Engineer Battalion was cited for the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 8 February to 30 April 1971 by Department of the Army General Order Number 42, dated 1972.

8.  Army Regulation 600-8-22 (Military Awards) states the Vietnam Service Medal 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.  This same regulation states a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each credited campaign.

9.  Army Regulation 600-8-22, in Appendix B, list the named campaigns during the Vietnam War.  During his service in Vietnam, the applicant participated in the following three campaigns and is entitled to 3 bronze service stars for his Vietnam Service Medal:

* Sanctuary Counteroffensive (1 May - 30 June 1970) 
* Vietnamese Counteroffensive Phase VII (1 July 1970 - 30 June 1971) 
* Consolidation I (1 July 1971 - 30 November 1971) 

10.  Army Regulation 600-8-22 states 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.  Evidence of record shows the applicant was awarded the ARCOM by general orders for the period September 1970 through August 1971.  Therefore, his DD Form 214 should be amended to show the ARCOM.

2.  He contends that his DD Form 214 should be corrected to show his service in the RVN.  He provided general orders showing he was awarded the ARCOM while assigned to Company A, 7th Engineer Battalion for the period September 1970 through August 1971.  For the sake of convenience it is presumed that he was assigned to Vietnam on 1 September 1970, and he separated as an overseas returnee on 4 August 1971.  Therefore, his DD Form 214 should be corrected to show 11 months and 4 days in item 22c (Foreign and/or Sea Service) and the entry “VN Service:  1 Sep 70 – 4 Aug 71" in item 30.

3.  He met the eligibility for award of the Vietnam Service Medal with three bronze service stars and the Republic of Vietnam Campaign Medal with Device (1960).  His DD Form 214 should be amended to add these awards.

4.  He was assigned to a unit during a period of time this unit was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  His DD Form 
214 should be amended to add 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:

* deleting in item 22c of his DD Form 214 the entry "NVAL"
* adding in item 22c of his DD Form 214 the entry 00 years, 11 months, 4 days
* deleting in item 24 the entry "NVAL"
* amending item 24 of his DD Form 214 to add:

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

* amending item 30 of his DD Form 214 to add the entry "VN Service:  1 Sep 70-4 Aug 71"



      _____________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)                                         AR20110007919





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ABCMR Record of Proceedings (cont)                                         AR20110007919



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