IN THE CASE OF:	  

		BOARD DATE:	  1 November 2011

		DOCKET NUMBER:  AR20110010047 


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 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) for the period ending 2 February 1969 to show award of the Bronze Star Medal and Vietnam Service Medal with two bronze service stars.

2.  He states the Bronze Star Medal was awarded to him by General Orders Number 1098 on 30 April 1969.

3.  He provides General Orders Number 1098, dated 30 April 1969.

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.  Following prior enlisted Regular Army service from 13 April 1966 to 27 March 1967, the applicant was appointed as a U.S. Army Reserve second lieutenant on 28 March 1967 with concurrent call to active duty.

3.  His DA Form 66 (Officer Qualification Record) shows he served in Vietnam from 3 February 1968 to 28 January 1969 while assigned to:

* Headquarters and Headquarters Battery (HHB), 8th Target Acquisition Battery, 25th Artillery, from 12 February to 16 May 1968
* HHB, II Field Force Vietnam Artillery, from 17 May to 8 October 1968
* HHB, 5th Battalion, 2nd Artillery Regiment, from 9 to 11 October 1968
* Battery I (Searchlight), 29th Artillery Regiment, from 12 October 1968 to 27 January 1969

4.  Headquarters, II Field Force Vietnam, General Orders Number 1098, dated 30 April 1969, awarded him the Bronze Star Medal for meritorious service in connection with military operations against a hostile force from May 1968 to January 1969.

5.  He was released from active duty on 2 February 1969 at the expiration of his active duty commitment.  Item 24 of his DD Form 214 for the period ending 2 February 1969 shows award of the National Defense Service Medal, Vietnam Service Medal, and Republic of Vietnam Campaign Medal with Device (1960).

6.  Department of the Army General Orders Number 8, dated 1974, awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation to Headquarters, U.S. Military Assistance Command, and its subordinate units during the period 8 February 1962 to 28 March 1973 and to Headquarters, U.S. Army Vietnam, and its subordinate units during the period 20 July 1965 to 28 March 1973.

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 unit to which the applicant was assigned was cited for award of the:

	a.  Meritorious Unit Commendation for the period 1 January 1968 to 15 February 1969 by Department of the Army General Orders Number 36, dated 1970.

	b.  Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period June 1966 to 15 January 1971 by Department of the Army General Orders Number 51, dated 1971.

8.  Army Regulation 600-8-22 (Military Awards) states a bronze service star is worn on the appropriate service ribbon for each credited campaign, to include the Vietnam Service Medal.  Table B-1 contains a list of Vietnam campaigns and shows that during the applicant's service in Vietnam, participated credit was awarded for the Tet Counteroffensive, Vietnam Counteroffensive Phase IV, Vietnam Counteroffensive Phase V, and Vietnam Counteroffensive Phase VI campaigns.

DISCUSSION AND CONCLUSIONS:

1.  General orders show the applicant was awarded the Bronze Star Medal on 30 April 1969 for meritorious service in connection with military operations against a hostile force from May 1968 to January 1969.  Therefore, this award should be added to his DD Form 214 for the period ending 2 February 1969.

2.  His DD Form 214 for the period ending 2 February 1969 currently reflects the Vietnam Service Medal.  Additionally, he received credit for participation in four campaigns during the Vietnam War.  Therefore, his DD Form 214 should be amended to reflect four bronze service stars for wear on his already-awarded Vietnam Service Medal.

3.  The Republic of Vietnam Gallantry Cross with Palm Unit Citation was awarded to all units that served in Vietnam.  Therefore, his DD Form 214 for the period ending 2 February 1969 should be amended to show this foreign unit award.

4.  He was assigned to a unit in Vietnam that was cited for award of the Meritorious Unit Commendation and Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation when he was assigned to the unit.  Therefore, these unit awards should be added to his DD Form 214 for the period ending 2 February 1969.

BOARD VOTE:

____X____  ___X_____  ___X_____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION



BOARD DETERMINATION/RECOMMENDATION:

The Board determined the evidence presented is sufficient to warrant a recommendation for relief.  As a result, the Board recommends that the DD Form 214 for the period ending 2 February 1969 of the individual concerned be corrected by:

	a.  deleting the Vietnam Service Medal from item 24 and

	b.  adding the Bronze Star Medal, Vietnam Service Medal with four bronze service stars, Republic of Vietnam Gallantry Cross with Palm Unit Citation, Meritorious Unit Commendation, and Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation to item 24.



      _____________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)                                         AR20110010047



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ABCMR Record of Proceedings (cont)                                         AR20110010047



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