BOARD DATE:	  1 May 2012

		DOCKET NUMBER:  AR20110020674 


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 to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to add the Republic of Vietnam Campaign Medal with Device (1960) and the Vietnam Service Medal.

2.  The applicant states his DD Form 214 does not reflect his Vietnam Service.  He should have received two medals.  He served in Vietnam from approximately January 1970 to November 1971.  He served in the 183rd Field Artillery Battalion and in Service Battery, 1st Battalion, 39th Field Artillery Regiment.  His records were lost and he needs his DD Form 214 corrected in order to utilize his benefits.  

3.  The applicant provides:

* DD Form 214
* Letter from his member of Congress, dated 7 October 2011

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 17 April 1970 and held military occupational specialty 94B (Cook).  The highest rank/grade he held while serving on active duty was specialist four/E-4.

3.  His record is void of orders assigning him to Vietnam; however, they do contain return orders, Special Orders Number 356, issued by Headquarters U.S. Army Personnel Center, Fort Lewis, WA, on 22 December 1971.

4.  These orders show that he was relieved from assignment to Service Battery, 1st Battalion, 39th Field Artillery Regiment, Vietnam, based on another set of orders, Special Orders Number 253, issued by Headquarters, 1st Battalion, 39th Field Artillery Regiment, Vietnam, dated 9 October 1971.

5.  On 27 December 1971, he was honorably released from active duty.  His DD Form 214 shows he served a total of 1 year, 8 months, and 11 days of net service and that he was separated on temporary records.  The form further shows he served in Vietnam for an unknown period and received the National Defense Service Medal.

6.  A review of his record indicates he is entitled to additional awards which are not listed on his DD Form 214.

7.  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.  This pamphlet shows his unit was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 1 March 1971 through 9 October 1971, by Department of the Army General Orders (DAGO) Number 6, dated 1974.

8.  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.  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 Consolidation II campaign (1 July 1971 - 30 November 1971).

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.

DISCUSSION AND CONCLUSIONS:

1.  It is clear that the applicant served in Vietnam; however, his records were lost and he was separated on temporary records which did not include orders assigning him to Vietnam.  The loss of this order and his other important documents makes it impossible to verify or determine his exact Vietnam service dates.

2.  However, based on an order that was included in his records the Board analyst was able to verify that he was assigned to Service Battery, 1st Battalion, 39th Field Artillery Regiment, Vietnam, on 9 October 1971, the day his reassignment orders were issued.  

3.  With respect to his request for awards:

	a.  GOs awarded his unit in Vietnam the Republic of Vietnam Gallantry Cross with Palm Unit Citation during his period of service.  Therefore, his DD Form 214 should be corrected to show this unit award;

	b.  records show he served a qualifying period of service for award of the Vietnam Service Medal.  The available records show he participated in at least one campaign phase during his service in Vietnam.  Therefore, he is entitled to one bronze service star for wear on his Vietnam Service Medal and correction of his DD Form 214 to the Vietnam Service Medal with one bronze service star; and

	c.  unfortunately, the Board analyst was unable to verify his exact period of service in Vietnam to determine whether or not he served a qualifying period of service for the Republic of Vietnam Campaign Medal with Device (1960).  Therefore, he is not entitled to correction of his DD Form 214 to show this award.


BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___x__  ___x_____  __x______  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined 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  adding to his DD Form 214 the Republic of Vietnam Gallantry Cross with Palm Unit Citation and Vietnam Service Medal with one bronze service star. 

2.  The Board further determined 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 the Republic of Vietnam Campaign Medal with Device (1960).



      _________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)                                         AR20110020674





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ABCMR Record of Proceedings (cont)                                         AR20110020674



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