IN THE CASE OF:	  

		BOARD DATE:	  13 October 2011

		DOCKET NUMBER:  AR20110008528 


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: 

	a.  The awards listed in Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be spelled out instead of abbreviated; and

	b.  The Republic of Vietnam Campaign Medal with Device (1960) be added to his DD Form 214.
	
2.  The applicant states he is unable to get a veterans license plate for his vehicle without this correction.

3.  The applicant provides his DD Form 214 with an effective date of 
5 September 1971.

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 30 January 1970.  He completed basic combat and advanced individual training and was awarded military occupational specialty 11C (Indirect Fire Crewman).

3.  He served in the Republic of Vietnam from 4 September 1970 to 4 September 1971.

4.  On 5 September 1971, he was released from active duty.  Item 24 of his 
DD Form 214 abbreviates his awards.  It shows he was awarded or is authorized the:

* NDSM (National Defense Service Medal)
* SS M-16 (Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16))
* Prcht Bdg (Parachutist Badge)
* VSM (Vietnam Service Medal)
* ARCOM (Army Commendation Medal)
* CIB (Combat Infantryman Badge)
* BS (Bronze Star Medal)

5.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in Vietnam.  This document shows that 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.

6.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instruction concerning individual and unit military awards.

	a.  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.  

	b.  Based on his dates of service in Vietnam, Table B-1 (Campaigns, Service Requirement, and Inscriptions Prescribed for Streamers) shows he served in the:
* Vietnam Counteroffensive Phase VII Campaign (1 July 1970 - 30 June 	1971)
* Consolidation I Campaign (1 July 1971 - 30 November 1971)

	c.  The award of a bronze service star is authorized based on qualifying service for each campaign listed in Table B-1 of this regulation.  The regulation states that authorized bronze service stars will be worn on the appropriate campaign and service medal, which in this case is the Vietnam Service Medal.  

7.  Army Regulation 635-5 (Separation Documents), then in effect, established the standardized policy for preparing and distributing the DD Form 214.  

	a.  Paragraph 53 stated all decorations, service medals, campaign credits, and badges awarded or authorized from DA Form 66 (Officer Qualification Record) or DA Form 20 (Enlisted Qualification Record) be entered in Item 24 of the DD Form 214.

	b.  Figure 1 shows an example of the entries on the DD Form 214.  In this example the entries for awards shown in item 24 are spelled out.

DISCUSSION AND CONCLUSIONS:

1.  Based on Figure 1 of the regulation in effect at the time it is reasonable to conclude that award entries for item 24 of the DD Form 214 were to be spelled out and not abbreviated.  Therefore, it is appropriate to correct his DD Form 214 to show his awards spelled out.

2.  He participated in two campaigns during his service in Vietnam.  Therefore, he is authorized to two bronze service stars to be worn on his Vietnam Service Medal.

3.  He served in the Republic of Vietnam during the period all units assigned in the Republic of Vietnam were awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  Therefore, he is authorized the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

4.  He was assigned in the Republic of Vietnam for more than 6 months.  Therefore, he is authorized the Republic of Vietnam Campaign Medal with Device (1960).


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 amending item 24 of his DD Form 214 as follows:

	a.  delete the entry:  "NDS  SS M-16  Prcht Bdg VSM  ARCOM  CIB  BS" and

	b.  add:

* Bronze Star Medal
* Army Commendation Medal
* National Defense Service Medal
* Vietnam Service Medal with two bronze service stars
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Campaign Medal with Device (1960)
* Combat Infantryman Badge
* Parachutist Badge
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16)



      _____________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)                                         AR20110008528



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ABCMR Record of Proceedings (cont)                                         AR20110008528



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