IN THE CASE OF:	  

		BOARD DATE:	  23 February 2012

		DOCKET NUMBER:  AR20110015097 


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 the following awards:

* Vietnam Service Medal with 3 or 5 bronze service stars
* Republic of Vietnam Gallantry Cross with Palm Unit Citation 
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation
* medals for his service in Germany 
* all unit awards he is authorized for his Vietnam service

2.  The applicant states, in effect, awards and decorations were left off his records when he departed Vietnam and separated from the Army. 

3.  The applicant provides extracts from his military personnel records.

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 on 1 August 1967.  Initially he was awarded military occupational specialty (MOS) 36K (Field Wireman).  Later, he completed the training requirements and he was awarded MOS 71H (Personnel Specialist).  The highest rank/grade he attained while on active duty was specialist four/E-4.

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

* National Defense Service Medal
* Vietnam Service Medal
* Vietnam Campaign Medal
* Army Commendation Medal
* Army Good Conduct Medal
* Expert Marksmanship Qualification Badge with Rifle Bar (M-14)

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

a.  Item 31 (Foreign Service):

* 5 January 1968 through 4 January 1969, Vietnam
* 30 September 1969 through 9 July 1970, Germany

b. Item 38 (Record of Assignments) the following units, in pertinent part:

* Headquarters and Headquarters Battery, 1st Infantry Division Artillery, Republic of Vietnam
* Headquarters and Headquarters Company, 93d Signal Battalion, Germany 

c. Item 41 (Awards and Decorations) the following awards:

* National Defense Service Medal
* Vietnam Service Medal
* Army Commendation Medal
* Republic of Vietnam Campaign Medal
* two Overseas Service Bars
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Good Conduct Medal (1st Award)
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)

5.  A review of Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) does not show unit awards for Headquarters and Headquarters Company, 93d Signal Battalion, Germany, during the period 30 September 1969 through 9 July 1970.

6.  Review of the Awards and Decorations Computer-Assisted Retrieval System (ADCARS), an index of general orders issued during the Vietnam era between 1965 and 1973 maintained by the Military Awards Branch of the U.S. Army Human Resources Command, failed to reveal unit awards pertaining to the applicant for his service in Germany.

7.  A review of his records indicates his entitlement to additional awards which are not shown on his DD Form 214.

8.  Special Orders Number 55, Headquarters, 2d Battalion, 44th Artillery, Fort Sill, OK, dated 31 March 1969, awarded him the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14).

9.  Army Regulation 600-8-22 (Military Awards), paragraph 2-13, contains the regulatory guidance on the Vietnam Service Medal.  It states, in pertinent part, that a bronze service star is authorized with this award for each Vietnam campaign a member is credited with participating in.  A silver service star is authorized in lieu of five bronze service stars.  Appendix B shows that during his service in Vietnam, the applicant participated in the following five campaigns:

* Vietnam Counteroffensive Phase III, 1 June 1967 through 29 January 1968
* Tet Counteroffensive, 30 January 1968 through 1 April 1968 
* Vietnam Counteroffensive Phase IV, 2 April 1968 through 30 June 1968 
* Vietnam Counteroffensive Phase V, 1 July 1968 through 1 November 1968
* Vietnam Counteroffensive Phase VI, 2 November 1968 through 22 February 1969

10.  Department of the Army Pamphlet 672-3 lists the awards received by units serving in Vietnam.  This pamphlet shows that during his assignment to the Headquarters and Headquarters Battalion, 1st Infantry Division (Artillery), his unit was cited for award of the following:

* Meritorious Unit Commendation, 1 January through 31 December 1968, Department of the Army (DAGO) 7, 1970
* Republic of Vietnam Gallantry Cross with Palm Unit Citation, 12 July 1965 through 16 October 1968, DAGO 21, 1969
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, October 1965 through 7 April 1970, DAGO 1970

DISCUSSION AND CONCLUSIONS:

1.  The applicant's requests for the addition of additional awards and decorations for his service in the Republic of Vietnam and Germany were carefully considered and determined to have partial merit.

2.  Records show he participated in five campaign phases while serving in the Republic of Vietnam.  Therefore, he is entitled to one silver service star for wear on his previously-awarded Vietnam Service Medal and correction of his DD Form 214 to show this silver service star.

3.  General orders awarded his unit the Republic of Vietnam Gallantry Cross with Palm Unit Citation, Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, and Meritorious Unit Commendation which are not shown on his DD Form 214; therefore, his DD Form 214 should be corrected to show these unit awards.

4.  Special orders awarded him the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14) which is not shown on his DD Form 214; therefore, he is entitled to correction of his DD Form 214 to show this badge. 

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.  removing the Vietnam Service Medal from item 24 of his DD Form 214 and

	b.  adding the following awards to item 24 of his DD Form 214:

* Vietnam Service Medal with 1 silver service star 
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation
* Meritorious Unit Commendation
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)

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 unit awards for service in Germany.  



      _____________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)                                         AR20110015097



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ABCMR Record of Proceedings (cont)                                         AR20110015097



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