IN THE CASE OF:	  

		BOARD DATE:	  22 December 2011

		DOCKET NUMBER:  AR20110011988 


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 he served in the Republic of Vietnam (RVN) and that he was awarded the Vietnam Service Medal.

2.  The applicant states he was awarded the Bronze Star Medal for meritorious achievement in ground operations against hostile forces in the RVN during the period 14 July 1965 to 24 June 1966.

3.  The applicant provides a copy of his Bronze Star Medal certificate in support of his request.

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 was inducted into the U.S. Army on 1 July 1957.  He was awarded military occupational specialty 632 (Track Vehicle Mechanic).

3.  The applicant's DA Form 20 (Enlisted Qualification Record) shows in:

   a.  item 28 (Qualification in Arms), in part:

* Expert with the M-1 carbine on 16 August 1957
* Sharpshooter with the.45 caliber pistol on 18 October 1963
* Sharpshooter with the .45 caliber sub-machinegun on 16 January 1963

	b.  item 29 (Foreign Service):

* U.S. Army Europe (USAREUR) from 7 January 1958 through
20 October 1960
* Germany from 26 April 1962 through 6 April 1965

4.  A DD Form 214 shows the applicant was inducted and entered active duty on 1 July 1957 and he was honorably discharged on 28 November 1957 to enlist in the Regular Army (RA).  

	a.  He completed 4 months and 28 days of net active service this period.

	b.  Item 26 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) shows the Expert Marksmanship Qualification Badge with Carbine Bar.

5.  A DD Form 214 shows the applicant entered active duty this period on
29 November 1957 and he was honorably discharged on 25 October 1962 to reenlist in the RA.  

	a.  He completed 4 years, 10 months, and 27 days of net active service this period.

	b.  Item 26 shows the Army Good Conduct Medal (1st Award), a Letter of Appreciation, and the Driver and Mechanic Badge.

6.  A DD Form 214 shows the applicant entered active duty this period on
26 October 1962 and he was honorably discharged on 5 November 1964 to accept appointment as a warrant officer.  

	a.  He completed 2 years and 10 days of net active service this period.

	b.  Item 26 shows the Expert Marksmanship Qualification Badge with Pistol (.45 caliber) Bar, a Letter of Commendation, and the Army Good Conduct Medal (2nd Award).

7.  The applicant's DA Form 66 (Officer Qualification Record) shows in:

	a.  item 17 (Foreign Service):

* USAREUR from 26 April 1962 through 14 December 1964
* U.S. Army Pacific (USARPAC) - Vietnam from 25 June 1965 through
26 May 1966

   b.  item 18 (Record of Assignments):  Headquarters and Headquarters Company, 1st Battalion, 18th Infantry, from 25 June 1965 through 25 May 1966;

	c.  item 21 (Awards and Decorations):  Good Conduct Medal (2nd Award), Combat Infantryman Badge, National Defense Service Medal, and Bronze Star Medal;

	d.  item 22 (Campaigns):

* Vietnam Defense Campaign
* Vietnam Counteroffensive

   e.  item 23 (Qualification in Arms):

* Sharpshooter with the M-14 rifle on 24 May 1965
* Expert with the.45 caliber pistol on 2 December 1966

8.  Headquarters, 1st Infantry Division, General Orders Number 1101, dated
2 July 1966, awarded the applicant the Bronze Star Medal for meritorious service while serving in the RVN from 14 July 1965 to 24 June 1966.

9.  A DD Form 214 shows the applicant entered active duty on 6 November 1964, was honorably released from active duty on 5 November 1968, and transferred to the U.S. Army Reserve Control Group (Reinforcement).  He completed 4 years of net active service this period.  It also shows in:

	a.  item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized):  Army Good Conduct Medal
(2nd Award), Combat Infantryman Badge, National Defense Service Medal, and Bronze Star Medal;

	b.  item 22 (Statement of Service), block c (Foreign and/or Seas Service):
1 year and 11 days [the overseas theater is not shown]; and

	c.  item 30 (Remarks):  does not show service in the RVN.

10.  Army Regulation (AR) 600-8-22 (Military Awards) provides policy, criteria, and administrative instructions concerning military awards and decorations:

   a.  Paragraph 2-13 contains the regulatory guidance for the Vietnam Service Medal.  It shows 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.  It also shows that one bronze service star is authorized with this service medal for each Vietnam campaign a member is credited with participating in.

   b.  Table B-1 contains a list of Vietnam Conflict campaigns and shows that during the applicant's service in Vietnam from 25 June 1965 to 26 May 1966, participation credit was awarded for the following two campaigns:

* Vietnam Defense Campaign (8 March - 24 December 1965)
* Vietnam Counteroffensive (25 December 1965 - 30 June 1966)
   
11.  A review of the available evidence reveals the applicant may be authorized additional awards that are not shown on his DD Form 214.

12.  AR 600-8-22, paragraph 9-13, shows 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.

13.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows at the time of the applicant's assignment to Headquarters and Headquarters Company, 1st Battalion, 18th Infantry, from
25 June 1965 through 25 May 1966, the battalion was awarded the:

* Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 12 July 1965 to 16 October 1968 by Department of the Army General Orders (DAGO) Number 21 (1969)
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 12 July 1965 to 7 April 1970 by DAGO Number 53 (1970)
14.  Army Regulation 635-5 (Personnel Separations - Separation Documents), in effect at the time of the applicant's various separations from active duty, prescribed policies and procedures regarding separation documents.  It also established standardized policy for preparing and distributing the DD Form 214.
At the time of his separation:

	a.  on 28 November 1957, 25 October 1962, and 5 November 1964, the instructions for item 26 show:  enter decorations awarded or authorized during the period covered by the DD Form 214; and

	b.  on 5 November 1968, the instructions show for: 

	 	(1)  item 22, block c:  enter total active duty outside continental limits of the United States for the period covered by the DD Form 214 and the last oversea theater service was performed (e.g., "Foreign and/or Sea Service (USAREUR)");

	 	(2)  item 24:  list all decorations, service medals, campaign medals, and badges awarded or authorized, omitting authorities cited therein; and

	 	(3)  item 30:  enter inclusive dates of service in Vietnam during current period of service.

DISCUSSION AND CONCLUSIONS:

1.  Records show the applicant served in the RVN from 25 June 1965 through
26 May 1966.  Records also show he qualified for award of the Vietnam Service Medal, participated in two campaigns, and served a qualifying period of service in the RVN for award of the Republic of Vietnam Campaign Medal with Device (1960).  Therefore, he is entitled to:

	a.  correction of item 22, block c, and item 30 of his 5 November 1968 to show his service in the RVN; and

	b.  award of the Vietnam Service Medal with two bronze service stars and Republic of Vietnam Campaign Medal with Device (1960).

2.  During the applicant's assignment to Headquarters and Headquarters Company, 1st Battalion, 18th Infantry, general orders awarded the battalion the Republic of Vietnam Gallantry Cross with Palm Unit Citation and Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.



3.  Records show he was awarded the Driver and Mechanic Badge. 

4.  The applicant qualified and was awarded the Expert Marksmanship Qualification Badge with Carbine and Pistol Bars and the Sharpshooter Marksmanship Qualification Badge with Rifle and Sub-machinegun Bars.

5.  In view of the foregoing, it would be appropriate to correct the applicant's DD Forms 214 to show his awards and decorations as recommended below.

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  adding to his 5 November 1968 DD Form 214 in:
   
a. item 22, block c:  "USARPAC";

   b.  item 24:

* Vietnam Service Medal with 2 bronze service stars
* Republic of Vietnam Campaign Medal with Device (1960)
* Driver and Mechanic Badge
* Expert Marksmanship Qualification Badge with Carbine (M-1) and Pistol (.45 caliber) Bars
* Sharpshooter Marksmanship Qualification Badge with Rifle (M-14) and Sub-machinegun Bars
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation



     c.  item 30:  "Service in Vietnam from 25 June 1965 to 26 May 1966."




      _______ _   __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)                                         AR20110011988



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ABCMR Record of Proceedings (cont)                                         AR20110011988



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