IN THE CASE OF:	  

		BOARD DATE:	  20 March 2012

		DOCKET NUMBER:  AR20110017638 


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:

* one bronze service star to his previously awarded Vietnam Service Medal 
* Valorous Unit Award
* his service dates in the Republic of Vietnam as 17 March 1968 through 11 April 1969 rather than through 11 March 1969

2.  The applicant states:

* the records from the National Personnel Records (NPRC) and his recollection are correct
* he served in Vietnam for 1 year and 25 days as shown on his 
DD Form 214

3.  The applicant provides:

* DD Form 214
* letter, NPRC, St. Louis, MO, dated 29 June 2009

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 10 October 1967.  He completed training and was awarded military occupational specialty 71H (Personnel Specialist).  The highest rank/grade he attained while on active duty was specialist five (SP5)/E-5.

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

   a.  Item 31 (Foreign Service) shows he was in the Republic of Vietnam during the period 17 March 1968 through 11 April 1969.

b. Item 38 (Record of Assignments) shows he was assigned to the Headquarters and Headquarters Company, 35th Engineer Battalion (Combat).

c. Item 38 also shows he was placed in a casual status and en route to the Continental United States (CONUS) on 11 April 1969.

d. Item 39 (Campaigns) shows he participated in the Tet Counteroffensive.

e. Item 41 (Awards and Decorations) shows he was awarded the following:

* Expert Marksmanship Qualification Badge with Rifle Bar
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)

4.  The applicant provides a copy of his DD Form 214 and a letter from NPRC which shows awards and decorations he is entitled.

5.  On 25 August 1970, the applicant was honorably released from active duty and transferred to the U.S. Army Reserve Control Group for training.  He completed 2 years, 10 months, and 16 days of total active service.  Item 24 


(Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows he was awarded the following:

* National Defense Service Medal
* Vietnam Service Medal 
* Republic of Vietnam Campaign Medal with Device (1960)
* Expert Marksmanship Qualification Badge with Rifle Bar 
* Army Good Conduct Medal

6.  A review of the applicant's record reveals he is entitled to additional awards and decorations not shown on his DD Form 214.

7.  Army Regulation 600-8-22 (Military Awards) states the Vietnam Service Medal is awarded 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.  Qualifying service also included temporary duty for 30 consecutive days or 60 nonconsecutive days in Vietnam or contiguous areas, except that the time limit may be waived for personnel participating in actual combat operations.  This same regulation states a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each credited campaign.  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 four campaigns:

* Tet Counteroffensive, 30 January 1968 – 1 April 1968
* Vietnam Counteroffensive, Phase IV, 2 April 1968 – 30 June 1968
* Vietnam Counteroffensive, Phase V (1 July 1968 – 1 November 198)
* Vietnam Counteroffensive Phase VI (2 November 1968 – 22 February 1969)
* Tet 69 Counteroffensive 1969, 23 February 1969 – 8 June 1969

8.  Department of the Army General Orders (DAGO) Number 8, dated 1974, announced award of the RVN Gallantry Cross with Palm Unit Citation to Headquarters, U.S. Military Assistance Command and its subordinate units during the period 8 February 1962 to 28 March 1973 and to Headquarters, U.S. Army Vietnam and its subordinate units during the period 20 July 1965 to 28 March 1973.

9.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam.  This pamphlet shows the unit to which the applicant was assigned was cited for award of the following unit awards:

* Valorous Unit Award for the period 8 February to 15 September 1968, by DAGO 53, 1970
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 14 December 1968 to 9 February 1970, by DAGO Number 43, dated 1970.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request was carefully considered and determined to have merit.

2.  His record shows he was awarded the Vietnam Service Medal.  The evidence shows he participated in five campaign phases during his service in the Republic of Vietnam.  Therefore, he is entitled to a 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 the applicant's unit the Valorous Unit Award, Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, and the Republic of Vietnam Gallantry Cross with Palm Unit Citation during his service in Vietnam.  Therefore, his DD Form 214 should be corrected to show these unit awards.

4.  Item 38 of the applicant's DA Form 20 shows he was placed in a casual status and en route to the CONUS on 11 April 1969.  Therefore, he is entitled to correction of his DD Form 214 to show his departure date from the Republic of Vietnam as 11 April 1969. 

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 to his DD Form 214:

* one silver service star to his previously awarded Vietnam Service Medal
* Valorous Unit Award
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation
* Republic of Vietnam Gallantry Cross with Palm Unit Citation

	b.  amending item 30 (Remarks) to show "Item 22c:  17 Mar 68-11 Apr 69."



      _______ _   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)                                         AR20110017638



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ABCMR Record of Proceedings (cont)                                         AR20110017638



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