IN THE CASE OF:	  

		BOARD DATE:  24 April 2012

		DOCKET NUMBER:  AR20110021867 


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 his Vietnam service and all awards to which he is authorized.

2.  The applicant states his service in Vietnam and awards earned during his tenure on active duty are not reflected on his DD Form 214.

3.  The applicant provides the following:

* Honorable Discharge Certificate
* DD Form 214
* Assignment Order
* MACV Form 270 (Malaria Debriefing)
* Port Call Instructions

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's record shows he enlisted in the Regular Army on 6 January 1967.  He was trained in and awarded military occupational specialty 11E (Tank Crew Member).

3.  His DA Form 20 (Enlisted Qualifi9caiton Record) shows he served in Germany from 2 June 1967 to 2 July 1968 and in the Republic of Vietnam (RVN) from 29 August to 20 December 1968.  Item 41 (Awards and Decorations) includes entries which show he qualified as "expert" with the submachine gun (SMG) and as "Marksman" with the .45 caliber pistol.

4.  On 24 December 1968, the applicant was honorably released from active duty after completing a total of 1 year and 11 months, and 19 days of active military service; of which, 1 year, 4 months, and 27 days was foreign service.  The DD Form 214 he was issued at the time shows he earned the following awards:

* National Defense Service Medal
* Marksman Marksmanship Qualification Badge with Rifle (M-14) Bar

5.  Item 22c of the DD Form 214 includes the entry "USARPAC" which signifies the applicant's service in the U.S. Army Pacific theater (RVN).

6.  Army Regulation 635-5 (separation documents) prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, release from active duty, or control of the Active Army.  It provides a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge.  It also establishes standardized policy for preparing and distributing the DD Form 214.  It states the following will be entered in the items indicated:

* Item 22c includes the total active duty service outside of the continental limits for the period covered by the DD Form 214 and the last overseas theater in which service was performed
* Item 24 includes all decorations, service medals, campaign credit, and badges awarded or authorized
* Item 30 includes the inclusive dates of service in the RVN.

7.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy and criteria concerning individual military awards.

	a.  Paragraph 2-13 contains guidance on award of the Vietnam Service Medal (VSM).  It states that a bronze service star is authorized for each campaign a member is credited with participating in while serving in the RVN.

	b.  Table B-1 contains a list of campaigns and shows that during the applicant's tenure of assignment in the RVN, he was credited with participation in the Vietnam Counteroffensive, Phase V and the Vietnam Counteroffensive, Phase VI.

8.  Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) establishes the eligibility of individual members for campaign participation credit, assault landing credit, and unit citation badges awarded during the Vietnam Conflict.  It confirms that during the applicant's tenure of assignment in the RVN, his unit (1st Cavalry, 1st Squadron) earned the Valorous Unit Award(VUA) for service in the RVN from 24 August to 25 September 1968, announced in Department of the Army General Orders Number 53, dated in 1970.

9.  Department of the Army General Orders 8, dated 1974, announced award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for service in Vietnam to Headquarters, United States Army Vietnam and its subordinate units during the period 20 July 1965 to 28 March 1973.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends his DD Form 214 should be corrected to show his RVN service and all additional awards to which he is authorized.

2.  The evidence of record confirms that during the applicant's active duty service he served in Germany from 2 June 1967 to 2 July 1968 and in the RVN from 29 August to 20 December 1968.  The combined service for these two foreign assignments and the last location of his foreign tour is accurately recorded on his DD Form 214.  However, the inclusive dates of his service in the RVN are not reflected in item 30 of this DD form 214 and should be added at this time.

3.  The evidence of record confirms that based on the applicant's RVN service with his unit and his campaign participation, he is authorized the VSM with two bronze service stars, the VUA, and the RVNGC with Palm Unit citation.  His DA Form 20 also confirms he qualified as an expert with the SMG and as a marksman with the .45 caliber pistol.  Therefore, it would also be appropriate to add these badges to his DD Form 214 at this time.


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.  amending his DD Form 214 by deleting Marksman Marksmanship Qualification Badge with M-14 rifle Bar and adding the:

* Valorous Unit Award
* Vietnam Service Medal with two bronze service stars
* Republic of Vietnam Gallantry Cross with Palm Unit citation
* Expert Marksmanship Qualification Badge with Submachine Gun Bar
* Marksman Marksmanship Qualification Badge with Rifle and Pistol Bars

	b.  providing the applicant with a correction to his DD Form 214 that reflects these changes.




      _______ _   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)                                         AR20110021867





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ABCMR Record of Proceedings (cont)                                         AR20110021867



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