IN THE CASE OF:	  

		BOARD DATE:	  29 May 2012

		DOCKET NUMBER:  AR20110021889 


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 award of the Navy Achievement Medal with "V" Device and all other awards that he may be authorized.

2.  The applicant makes no additional statement.

3.  The applicant provides copies of his DD Form 214 and a citation for award of the Navy Achievement Medal with a combat distinguishing device.

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.  On 2 December 1966, the applicant enlisted in the Regular Army.  He completed his initial training and was awarded military occupational specialty 96B (Intelligence Analyst).

3.  Special Orders Number 31, Fort Polk, Louisiana, dated 2 February 1967 awarded the applicant the Sharpshooter Marksmanship Qualification Badge with Rifle Bar.

4.  On 19 May 1967, the applicant departed Fort Holabird, Maryland for duty in the Republic of Vietnam (RVN).

	a.  He was assigned to the 519th Military Intelligence Battalion from 
20 June 1967 to 1 January 1968.

	b.  He was assigned to the 45th Military Intelligence Company on 
2 January 1968.

	c.  He was assigned to the 525th Military Intelligence Group on an unknown date.

	d.  On 13 June 1968, he departed the RVN for duty in Hawaii.

5.  On 15 November 1968, the Secretary of the Navy approved the awarding of the Navy Achievement Medal with "V" Device to the applicant for the period
1 January to 2 June 1968.  The accompanying citation states he was instrumental in implementing a new concept of operation which greatly enhanced the collection and dissemination of intelligence data by the command.

6.  On 27 February 1969, the applicant was promoted to specialist five, pay grade E-5.

7.  On 1 December 1969, the applicant was released from active duty.  He had completed 3 years of creditable active service.

8.  The applicant's DD Form 214 lists his awards as:

* National Defense Service Medal
* Vietnam Service Medal
* RVN Campaign Medal




9.  Army Regulation 600-8-22 (Military Awards) shows that based on the applicant's dates of service in the Republic of Vietnam, he participated in the following three campaign periods: the Vietnam Counteroffensive, Phase III, the Tet Counteroffensive; and the Vietnam Counteroffensive, Phase VI.  This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.

10.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in the Republic of Vietnam.  This publication shows that the 45th Military Intelligence Company, during the time of the applicant's assignment, was cited in Department of the Army General Orders Number 51, dated in 1971, for award of the Meritorious Unit Commendation.

11.  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 award of the Navy Achievement Medal with "V" Device and all other awards that he may be authorized.

2.  The evidence of record clearly shows the applicant was awarded the Navy Achievement Medal with "V" Device for his accomplishments while in the RVN.

3.  Records show the applicant/applicant's:

   a.  Participated in three campaign periods during his service in the RVN.  Therefore, he is eligible for award of three bronze service stars to be affixed to his already-awarded Vietnam Service Medal.

   b.  Unit was cited in general orders for award of the Meritorious Unit Commendation.  Therefore, his records should be corrected to show this award.

   c.  Unit was cited in general orders for award of the RVN Gallantry Cross with Palm Unit Citation.  Therefore, his records should be corrected to show this award.


4.  Special orders show the applicant was awarded the Sharpshooter Marksmanship Qualification Badge with Rifle Bar.  Therefore, his records should be corrected to show this badge.

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.  Deleting the Vietnam Service Medal from his DD Form 214; and

	b.  Adding the following awards to his DD Form 214:
:

* Navy Achievement Medal with "V" Device
* Meritorious Unit Commendation
* Vietnam Service Medal with three bronze service stars
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar




      _______ _   __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)                                         AR20110021889



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ABCMR Record of Proceedings (cont)                                         AR20110021889



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