IN THE CASE OF:	  

		BOARD DATE:  9 February 2012

		DOCKET NUMBER:  AR20110014360 


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 all awards he is authorized.

2.  The applicant states his DD Form 214 has never been correct.

3.  The applicant provides a copy of a letter from the National Personnel Records Center, dated 24 August 2007.

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.  On 7 June 1966, the applicant entered active duty as a member of the Enlisted Reserve.  He completed his initial training and he was awarded military occupational specialty (MOS) 68H (Helicopter Hydraulics Repairman).

3.  Special Orders Number 162, issued by Headquarters, 1st Training Brigade, Fort Jackson, SC, dated 29 July 1966, awarded the applicant the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14).

4.  On 21 October 1966, the applicant departed the United States for duty in the Republic of Vietnam (RVN).

	a.  He arrived in the RVN on 10 November 1966.

	b.  On 19 November 1966, he was assigned to the 330th Transportation Company.

	c.  On 21 June 1968, he departed the RVN en route to the United States for separation processing.

5.  On 28 June 1968, the applicant was honorably released from active duty and he was transferred to the U.S. Army Reserve (USAR) Control Group (Annual Training) to complete his remaining Reserve obligation.  He had attained the rank/grade of specialist five (SP5)/E-5.  He completed 2 years and 20 days of total active service.

6.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 shows the:

* National Defense Service Medal
* Army Good Conduct Medal
* RVN Campaign Medal with Device (1960)

7.  Army Regulation 600-8-22 (Military Awards):

	a.  provides for award of the Vietnam Service Medal 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 states a bronze service star is authorized with this award for each Vietnam campaign a member is credited with participating in.  


	b.  Appendix B of this regulation shows that during the applicant's service in Vietnam, he participated in the following four campaigns:

* Vietnam Counteroffensive Phase II (1 July 1966 - 31 May 1967)
* Vietnam Counteroffensive Phase III (1 June 1967 - 29 January 1968)
* Tet Counteroffensive (30 January - 1 April 1968)
* Vietnam Counteroffensive Phase IV (2 April - 30 June 1968)

8.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) was published to assist commanders and personnel officers in determining or establishing the eligibility of Soldiers for campaign participation credit, assault landing credit, and unit citation badges awarded during the Vietnam Conflict.  It lists the awards received by units serving in Vietnam.  This pamphlet shows the 330th Transportation Company, the unit to which the applicant was assigned, was cited for award of the:

* Meritorious Unit Commendation for the period 1 November 1966 through 31 October 1967 by Department of the Army General Order (DAGO) Number 1, dated 1969
* Meritorious Unit Commendation for the period 1 November 1967 through 31 October 1968 by Department of the Army General Order (DAGO) Number 39, dated 1970

9.  Department of the Army Pamphlet 672-3, paragraph 6d, 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.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends his DD Form 214 should be corrected to show all awards he is authorized.

2.  Records show the applicant serve during a qualifying period for award of the Vietnam Service Medal and participated in four campaign periods during his service in the RVN.  Therefore, his DD Form 214 should be corrected to show the Vietnam Service Medal with four bronze service stars.

3.  The applicant’s unit was twice cited in general orders for award of the Meritorious Unit Commendation during his period of assignment.  Therefore, his DD Form 214 should be corrected to show the Meritorious Unit Commendation (2nd Award).


4.  Records show the applicant's unit was cited in general orders for award of the RVN Gallantry Cross with Palm Unit Citation during his period of assignment.  Therefore, his DD Form 214 should be corrected to show this foreign unit award.

5.  Special orders awarded the applicant the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14).  Therefore, his DD Form 214 should be corrected to show this qualification badge.

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 in Item 24 of his DD Form 214 the:

* Meritorious Unit Commendation (2nd Award)
* Vietnam Service Medal with four bronze service stars
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)



      __________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)                                         AR20110014360



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ABCMR Record of Proceedings (cont)                                         AR20110014360



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