BOARD DATE:	  10 January 2012

		DOCKET NUMBER:  AR20110016444 


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 (Report of Separation from Active Duty) for the period ending 15 December 1975 to show award of the:

* Vietnam Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)

2.  He states these medals were omitted from his DD Form 214 and their absence is barring him from obtaining some benefits from the Department of Veterans Affairs.  He further states he recently discovered this error when applying for entry to the Veterans of Foreign Wars.

3.  He provides:

* DD Form 214 for the period ending 15 December 1975
* 1st Cavalry Division (Airmobile) Special Orders Number 139, dated 19 May 1967, assigning him for duty in the Republic of Vietnam

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.  His record shows he enlisted in the Regular Army on 27 March 1964 and he was reassigned for duty in the Federal Republic of Germany upon completion of initial entry training.  On 28 March 1965, he was honorably discharged for the purpose of immediate reenlistment.  Item 26 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of the DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for the period ending 28 March 1965 shows he was awarded or authorized to wear the Sharpshooter Marksmanship Qualification Badge with Rifle Bar.

3.  Item 38 (Record of Assignments) of his DA Form 20 (Enlisted Qualification Record) shows that while serving in the Republic of Vietnam he was assigned to the 15th Administration Company, 1st Cavalry Division, from 6 July 1966 to 24 August 1967.  He returned to Germany on 25 August 1967.  On 29 November 1969, he was honorably discharged for the purpose of immediate reenlistment.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 for the period ending 29 November 1969 shows he was awarded or authorized to wear the:

* Army Good Conduct Medal (1st Award)
* Vietnam Service Medal
* Army Commendation Medal

4.  Item 5 (Oversea Service) of his DA Form 2-1 (Personnel Qualification Record – Part II) shows he served two tours of duty in the Republic of Vietnam:

* from 6 July 1966 through 24 August 1967
* from 22 February 1970 through 24 December 1970

5.  Item 38 of his DA Form 20 shows he was assigned to the following units for the periods indicated while serving his second tour of duty in the Republic of Vietnam:

* 1st Administration Company, 1st Infantry Division, from 22 February to 31 March 1970
* 22nd Finance Section (Disbursing) from 7 July to 24 December 1970

6.  On 15 December 1975, he was honorably discharged from the Regular Army. 
Item 26 of the DD Form 214 he was issued for this period of service shows he was awarded or authorized to wear the:

* National Defense Service Medal
* Army Commendation Medal
* Army Good Conduct Medal with three bronze loops [indicating 3rd Award]
* Expert Marksmanship Qualification Badge with Rifle Bar

7.  A review of the applicant's record revealed he is entitled to additional awards.

8.  Army Regulation 600-8-22 (Military Awards) provides for award of the Vietnam Service Medal.  A bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign and a silver service star will be worn in lieu of five bronze service stars.  During his tours of duty in the Republic of Vietnam he participated in five campaigns:

* Vietnam Counteroffensive Phase II
* Vietnam Counteroffensive Phase III
* Vietnam Winter-Spring 1970
* Sanctuary Counteroffensive
* Vietnam Counteroffensive Phase VII

9.  Army Regulation 600-8-22 states 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.  

10.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows awards received by units serving in the Republic of Vietnam.  The units to which the applicant was assigned while serving in the Republic of Vietnam were cited for the following awards for actions during his period of assignment:

* Republic of Vietnam Gallantry Cross with Palm Unit Citation by Department of the Army General Orders Number 59, dated 1969
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation by Department of the Army General Orders Number 53, dated 1970


DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that his DD Form 214 should be corrected to show award of the Vietnam Service Medal and the Republic of Vietnam Campaign Medal with Device (1960) was carefully considered and determined to have merit.

2.  The evidence shows he served in the Republic of Vietnam from 6 July 1966 through 24 August 1967 and from 22 February 1970 through 24 December 1970. 
Therefore, he is entitled to correction of his DD Form 214 to show award of the Republic of Vietnam Campaign Medal with Device (1960).

3.  His records show he was awarded the Vietnam Service Medal.  The evidence also shows he participated in five campaigns during his service in the Republic of Vietnam.  Therefore, he is entitled to one silver service star to be affixed to his previously-awarded Vietnam Service Medal.

4.  Department of the Army general orders awarded his units the Republic of Vietnam Gallantry Cross with Palm Unit Citation and Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for their actions during his tenure.  Therefore, he is entitled to have his DD Form 214 corrected to show these unit awards.

BOARD VOTE:

___x___  ___x_____  ____x____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined the evidence presented is 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 amending his DD Form 214 for the period ending 15 December 1975 by adding the following awards to item 26:

* Vietnam Service Medal with one silver service star
* Republic of Vietnam Campaign Medal with Device (1960)
* 
Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation



      __________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)                                         AR20110016444



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ABCMR Record of Proceedings (cont)                                         AR20110016444



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