BOARD DATE:	  3 January 2012

		DOCKET NUMBER:  AR20110013185 


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 DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show award of campaign participation credit for his service in the Republic of Vietnam.

2.  The applicant states campaign participation credit is not posted to his record and he needs it added to substantiate Agent Orange testing. 

3.  The applicant provides a copy of his DD Form 214.

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 Army of the United States on 6 January 1964.  He completed training and was awarded military occupational specialty 31M (Radio Relay and Carrier Operator).  He was stationed in the Republic of Vietnam from 11 September 1965 through 31 December 1965, where he was further assigned initially to Battery C and subsequently to Headquarters and Headquarters Company, 6th Battalion, 56th Artillery Regiment.  The highest rank/grade he attained during this period of service was specialist four (SP4)/E-4.  

3.  On 2 January 1966, he was honorably released from active duty and transferred to the U.S. Army Reserve Control Group (Annual).  Item 26 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the:

* Vietnam Service Medal 
* Army Good Conduct Medal 

4.  His record contains Special Orders Number 61, issued by Headquarters,      6th Missile Battalion (Hawk), 56th Artillery, Fort Bliss, dated 15 April 1965, which shows he was awarded the Marksman Marksmanship Qualification Badge with Rifle Bar (M-14).

5.  Army Regulation 600-8-22 (Military Awards), paragraph 2-13, contains the regulatory guidance on the Vietnam Service Medal.  It states that a bronze service star is authorized with this award for each Republic of Vietnam campaign a member is credited with participating in.  Appendix B shows that during his service in the Republic of Vietnam, participation credit was awarded for the following two campaigns:

* Vietnam Defense Campaign
* Vietnam Counteroffensive

6.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows that during his assignment to 6th Battalion, 56th Artillery Regiment, his unit was cited for award of the Meritorious Unit Commendation for the period November 1965 through June 1966 by Department of the Army General Orders (DAGO) Number 17, dated 1968.

7.  Department of the Army Pamphlet 672-3 states that DAGO Number 8, dated 1974, announced award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to Headquarters, U.S. Army Vietnam, and its subordinate units, during the period 20 July 1965 to 28 March 1973.

8.  Army Regulation 600-8-22 states the National Defense Service Medal is awarded for honorable active service for any period between 27 July 1950 and 27 July 1954, 1 January 1961 and 14 August 1974, 2 August 1990 and             30 November 1995, and 11 September 2001 and a date to be determined.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends he is entitled to award of campaign participation credit for his service in the Republic of Vietnam.  There is sufficient evidence to support this contention.

2.  Special orders awarded him the Marksman Marksmanship Qualification Badge with Rifle Bar (M-14); therefore, he is entitled to correction of his DD Form 214 to show this badge.

3.  Records show he was previously awarded the Vietnam Service Medal.  Evidence shows he participated in two campaign phases during his Republic of Vietnam service.  Therefore, he is entitled to correction of his DD Form 214 to show two bronze service stars to be affixed to his previously-awarded Vietnam Service Medal.

4.  General orders show the applicant's unit was awarded the Meritorious Unit Commendation and the Republic of Vietnam Gallantry Cross with Palm Unit Citation for actions during his tenure of assignment.  Therefore, he is entitled to have his records corrected to show these unit awards.

5.  The evidence shows the applicant completed a qualifying period of service for award of the National Defense Service Medal.  Therefore, he is entitled to correction of his records to show this service medal.

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:
   a.  deleting the Vietnam Service Medal from item 26 of his DD Form 214,

	b.  adding the following awards to item 26 of his DD Form 214:

* Marksman Marksmanship Qualification Badge with Rifle Bar (M-14)
* Vietnam Service Medal with two bronze service stars
* Meritorious Unit Commendation
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* National Defense Service Medal



      _______ _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)                                         AR20110013185



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20110013185



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1