BOARD DATE:	  8 March 2012 

		DOCKET NUMBER:  AR20110016628 


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 the unit citations he received in the Republic of Vietnam. 

2.  The applicant states the unit citations were not listed on his DD Form 214 at the time he was released from active duty.

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 8 June 1966.  He completed training and was awarded military occupational specialty 91B (Medical Specialist).  The highest rank/grade he attained while on active duty was specialist four/E-4.

3.  The applicant's DD Form 214 shows the following:

   a.  Item 22c (Foreign and/or Sea Service) shows USARPAC (U.S. Army Pacific), 11 months and 27 days.

   b. Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) shows the following:

* National Defense Service Medal
* Vietnam Service Medal, Vietnamese Campaign Medal 
* One Overseas Service Bar

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

   a.  Item 31 (Foreign Service) shows USARPAC, Vietnam, for the period 31 December 1966 through 27 December 1967.

   b.  Item 38 (Record of Assignments) shows he was assigned to Headquarters and Headquarters Support Battery, 1st Battalion, 5th Artillery, 
1st Infantry Division.

5.  The applicant was honorably released from active duty on 7 June 1968.  He completed 2 years of total active service with no time lost.

6.  A review of the applicant's record reveals he is entitled to additional awards.

7.  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 Vietnam campaign a member is credited with participating in.  Appendix B shows that during his service in Vietnam, the applicant participated in the following four campaigns:

* Vietnam Counteroffensive Phase II, 1 July 1966 through 31 May 1967
* Vietnam Counteroffensive Phase III, 1 June 1967 through 29 January 1968

8.  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.  This regulation shows the unit to which the applicant was assigned while serving in the Republic of Vietnam was cited for award of the:

* Meritorious Unit Commendation for the period 1 August 1966 through 30 April 1967, Department of the Army General Order (DAGO) Number 48, dated 1968, and for the period 1 May 1967 through 31 July 1968, DAGO Number 39, 1970
* Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 12 July 1965 through 16 October 1968, DAGO Number 21, dated 1969
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period October 1965 through 7 April 1970 by DAGO Number 53, dated 1970

9.  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.  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.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request for correction of his DD Form 214 to show award of the unit citations he is authorized was carefully considered and determined to have merit.
 
2.  General orders awarded the applicant's unit two Meritorious Unit Commendations, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.  Therefore, he is entitled to correction of his DD Form 214 to show these unit awards.

3.  The evidence of record shows the applicant met the eligibility criteria for award of the two bronze service stars to be worn with his already-awarded Vietnam Service Medal.  These awards should be added to his DD Form 214.
4.  The evidence shows the applicant served a qualifying period of service for award of an additional Overseas Service Bar; therefore, he is entitled to correction of his DD Form 214 to show this service bar.

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.  adding the following awards to his DD Form 214:

* Meritorious Unit Commendation
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation
* two bronze service stars to be worn with his previously awarded Vietnam Service Medal

   b. amending item 24 of his DD Form 214 to show award of two Overseas Service Bars in lieu of the one Overseas Service Bar now shown.



      _______ _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)                                         AR20110016628



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ABCMR Record of Proceedings (cont)                                         AR20110016628



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