IN THE CASE OF:	  

		BOARD DATE:	  20 December 2011

		DOCKET NUMBER:  AR20110012354 


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, in effect, correction of his 30 November 1985 
DD Form 214 (Certificate of Release or Discharge from Active Duty) to show two awards of the Meritorious Unit Commendation and five (5) Overseas Service Bars.

2. The applicant states he served in Vietnam with Battery C, 5th Battalion,
16th Field Artillery, 4th Infantry Division, from 15 September 1966 through
13 May 1968.  He also served in Korea with Battery A, 2nd Battalion, 17th Field Artillery, from 1 May 1972 through 30 April 1973.

3.  The applicant provides copies of two DD Forms 214, page 100 of Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register), and his hostile fire pay orders and pay vouchers.

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 (RA) on 10 November 1965.  He completed training and was awarded military occupational specialty 13B (Field Artillery Crewman).

3.  The applicant's DA Form 2-1 (Personnel Qualification Record) shows in:

	a.  item 5 (Oversea Service):

* Vietnam from 15 September 1966 through 13 May 1968
* Korea from 21 April 1972 through 15 May 1973
* Germany from 15 August 1975 through 10 August 1978
* Korea from 3 May 1981 through 28 April 1982

	b.  item 9 (Awards, Decorations and Campaigns):

* Republic of Vietnam Campaign Medal
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Vietnam Service Medal with 4 bronze service stars

* Vietnam Counteroffensive Phase II
* Vietnam Counteroffensive Phase III
* Tet Counteroffensive
* Vietnam Counteroffensive Phase IV

* Army Commendation Medal (2nd Award)
* 3 Overseas Service Bars
* Humanitarian Service Medal
* Meritorious Service Medal (2nd Award)
* Army Service Ribbon
* Overseas Service Ribbon with Numeral "2"
* Noncommissioned Officer Professional Development Ribbon with Numeral "2"
* Army Good Conduct Medal (6th Award)
* Expert Marksmanship Qualification Badge with Rifle (M-16 ) Bar
* Marksman Marksmanship Qualification Badge with Pistol (.45 caliber) Bar
* National Defense Service Medal
* Armed Forces Expeditionary Medal


	c.  item 35 (Record of Assignments):

* Battery C, 5th Battalion, 16th Artillery (Vietnam), effective
24 September 1966
* Battery A, 2nd Battalion, 17th Field Artillery, 2nd Infantry Division (Korea), effective 30 April 1972

4.  The applicant reenlisted in the RA on 9 March 1968, 28 February 1972,
30 May 1978, and 1 March 1984, and he continued to serve on active duty until
30 November 1985.  He attained the rank of first sergeant (1SG)/pay grade E-8, effective 29 January 1982.

5.  The applicant's military personnel records do not contain copies of any
DD Forms 214 for his military service prior to 28 February 1972.

6.  A DD Form 214 (Report of Separation from Active Duty) shows the applicant entered active duty this period on 28 February 1972 and he was honorably discharged on 29 May 1978 to reenlist in the RA.  It shows in:

	a.  item 26 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized):  Republic of Vietnam Campaign Medal, National Defense Service Medal, Republic of Vietnam Gallantry Cross with Palm Unit Citation, Vietnam Service Medal, Army Commendation Medal, Armed Forces Expeditionary Medal (Korea), Overseas Service Bars, Army Good Conduct Medal (3rd Award ), Marksman Marksmanship Qualification Badge with Pistol (.45 caliber) Bar, and Expert Marksmanship Qualification Badge with Rifle (M-16 ) Bar; and

	b.  item 27 (Remarks) [in part]:

* Far East Pacific - Vietnam (15 September 1966 through 13 May 1968)
* Far East Pacific - Korea (21 April 1972 through 15 May 1973)

7.  A DD Form 214, as corrected by a DD Form 215 (Correction to
DD Form 214), dated 1 December 2008, shows the applicant entered active duty this period on 30 May 1978, was honorably retired on 30 November 1985, and transferred to the U.S. Army Reserve Control Group (Retired).  Item 13 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) shows the National Defense Service Medal, Vietnam Service Medal with 4 bronze service stars, Republic of Vietnam Campaign Medal, Republic of Vietnam Gallantry Cross with Palm Unit Citation, Army Commendation Medal (1st Oak Leaf Cluster), Meritorious Service Medal (1st Oak Leaf Cluster), Humanitarian Service Medal, Army Service Ribbon, Overseas Service Ribbon with Numeral "2", Armed Forces Expeditionary Medal, Noncommissioned Officer Professional Development Ribbon with Numeral "4," Army Good Conduct Medal (6th Award), Expert Marksmanship Qualification Badge with Rifle (M-16) Bar, Marksman Marksmanship Qualification Badge with Pistol (.45 caliber) Bar, and Presidential Unit Citation.

8.  Department of the Army Pamphlet 672-3, Table 3 (Army Units in Numerical Order), shows at the time of the applicant's assignment to:

	a.  Battery C, 5th Battalion, 16th Artillery in Vietnam from 24 September 1966 through 13 May 1968:

* the battery was awarded the Presidential Unit Citation for actions on 27 December 1966 by Department of the Army General Orders 	(DAGO) Number 7 (1970)
* the battalion was awarded the:

* Presidential Unit Citation for actions on 18 to 26 May 1967 by DAGO Number 69 (1969)
* Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 1 August 1965 to 16 April 1971 by DAGO 54 (1974)
* Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period October 1966 to 28 July 1969 by DAGO 3 (1970)
* Republic of Vietnam Civil Actions Honor Medal Unit Citation for the period 1 October 1966 to 31 October 1969 by DAGO 53 (1970)

	b.  Table 1 (Army Units in Numerical Order) shows that Headquarters and Headquarters Company and Band, 4th Infantry Division, was awarded the Meritorious Unit Commendation for the period 1 November 1967 to 31 October 1968 by DAGO 60 (1969).

	c.  Table 11 (Army Units in Alphabetical Order), pages 99 and 100, show that 
U.S. Army Security Detachments of [in pertinent part] the 4th Infantry Division were awarded the Meritorious Unit Commendation for the period 1 October 1966 to 31 August 1967 by DAGO 10 (1968) and for the period 1 September 1967 to 31 October 1968 by DAGO 37 (1970).

   d.  The pamphlet does not show the 4th Infantry Division (or any other of its subordinate units not mentioned above) was awarded the Meritorious Unit Commendation.


9.  In support of his application the applicant provides the following documents:

	a.  copies of four special orders and a certificate that show the applicant was authorized hostile fire pay while assigned to Battery A, 2nd Battalion, 17th Field Artillery in Korea, effective 1 April 1972 through 30 April 1973; and

	b.  copies of 12 DA Forms 3686 (Leave and Earnings Statements) covering the period 1 June 1972 through 31 July 1973 that show the applicant was authorized hostile fire pay from May 1972 to April 1973.

10.  Army Regulation 670-1 (Uniforms and Insignia) governs the requirements for the Overseas Service Bar.  It states a bar is authorized for wear for each period of active Federal service as a member of the U.S. Army outside of the continental limits of the United States for the specific time frames and areas of operation cited in Army Regulation 670-1 or appropriate Department of the Army message.  There are special provisions regarding authorization for the Overseas Service Bar for service in a hostile fire zone and for combining service to calculate award of the bars.

	a.  For Vietnam service, one Overseas Service Bar was authorized for each period of 6 months active Federal service as a member of a U.S. Service in Vietnam from 1 July 1958 to 28 March 1973.  Both the month of arrival and the month of departure from Vietnam were counted as whole months for credit toward the Overseas Service Bar.

	b.  For Korea service, one Overseas Service Bar was authorized for each period of 6 months active Federal service as a member of a U.S. Service while serving in the designated hostile fire area in Korea from 1 April 1968 to
31 August 1973.  Both the month of arrival and the month of departure from the hostile fire pay area were counted as whole months for credit toward the Overseas Service Bar.  When credit is given for a month for hostile fire pay, credit for a corresponding month is given toward an Overseas Service Bar.

11.  Department of the Army Pamphlet 672-3 states not more than one Republic of Vietnam Gallantry Cross Unit Citation will be worn by any individual.  Although multiple awards of this unit citation are not authorized for wear, official military and historical records will indicate all awards received.  However, in the case of duplicate awards covering the same period of time only one award will be recorded in official military and historical records.

12.  Army Regulation 635-5 (Personnel Separations - Separation Documents), in effect at the time, prescribed policies and procedures regarding separation documents.  It also established standardized policy for preparing and distributing the DD Form 214. The instructions show:  list all decorations, service medals, campaign medals, and badges awarded or authorized, omitting authorities cited therein.

DISCUSSION AND CONCLUSIONS:

1.  Records show the applicant served in Vietnam from 15 September 1966 through 13 May 1968 and that he received hostile fire pay in Korea from 1 April 1972 through 30 April 1973.  This represents a total of 33 months of qualifying service for award of the Overseas Service Bar and equates to authorization for
5 Overseas Service Bars.

	a.  The applicant's 29 May 1978 DD Form 214 shows the entry "Overseas Service Bars."  His 30 November 1985 DD Form 214 does not show an entry for any Overseas Service Bars.

	b.  Overseas Service Bars are normally not entered on the DD Form 214 because they are an item of uniform wear, not an award or decoration.  However, the ABCMR policy is that if it is already entered on the DD Form 214 but the number of bars listed is wrong, the Board will correct the entry.

	c.  Therefore, it would be appropriate to correct the applicant's 29 May 1978 DD Form 214 to show 5 Overseas Service Bars.

2.  General orders awarded the applicant's units: 

* two awards of the Presidential Unit Citation for actions on 27 December 1966 and 18 to 26 May 1967 
* two awards of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 1 August 1965 to 16 April 1971 and October 1966 to 28 July 1969
* the Republic of Vietnam Civil Actions Honor Medal Unit Citation for the period 1 October 1966 to 31 October 1969

	a.  The evidence of record shows that in the case of duplicate awards of the Republic of Vietnam Gallantry Cross with Palm Unit Citation covering the same period of time, only one award will be recorded in official military records.

	b.  There is no evidence of record that shows the applicant's unit was awarded the Meritorious Unit Commendation.


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

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___X__ _  ___X_ __  ___X____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant a recommendation for partial 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 29 May 1978 DD Form 214 the:

* Vietnam Service Medal
* Overseas Service Bars
   
   b.  adding to item 26 of his 29 May 1978 DD Form 214 the:

* Vietnam Service Medal with 4 bronze service stars
* Presidential Unit Citation (1st Oak Leaf Cluster)
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation
* five Overseas Service Bars
   
   c.  deleting from item 13 of his 30 November 1985 DD Form 214 the:

* Presidential Unit Citation
   
   d.  adding to item 13 of his 30 November 1985 DD Form 214 the:

* Presidential Unit Citation (1st Oak Leaf Cluster)
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation


2.  The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to adding the Meritorious Unit Commendation and Overseas Service Bars to his 30 November 1985
DD Form 214.




      _______ _  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)                                         AR20110012354



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ABCMR Record of Proceedings (cont)                                         AR20110012354



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