IN THE CASE OF:	  

		BOARD DATE:  8 May 2012

		DOCKET NUMBER:  AR20110023079 


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 the Vietnam Service Medal and the Republic of Vietnam Campaign Medal with Device (1960) be added to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) with an effective date of 21 July 1970.

2.  The applicant states the information for the awards must not have arrived in time for the clerks to update his DD Form 214.

3.  The applicant provides his:

* certificate for the award of the Purple Heart
* 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.  He enlisted in the Regular Army on 31 July 1967 for a period of 3 years.  He completed basic combat and advanced individual training and was awarded military occupational specialty 62E (Heavy Construction Equipment Operator).  

3.  He served in the Republic of Vietnam from 18 December 1967 to 
17 December 1968.  During this period he served with the:

* 65th Engineer Battalion from 28 December 1967 to 2 July 1968
* 576th Ordnance Company from 3 July to 3 December 1968
* 3rd Ordnance Company from 4 - 17 December 1978

4.  Orders in his Military Personnel Records Jacket (MPRJ) show he was awarded the:

* Marksman Marksmanship Qualification Badge with Rifle Bar (M-16)
* Expert Marksmanship Qualification Badge with Rifle Bar (M-14)

5.  On 21 July 1970, he was released from active duty.  He completed 2 years, 11 months, and 21 days of active service that was characterized as honorable.  His DD Form 214 shows he was awarded or is authorized the:

* National Defense Service Medal
* Army Good Conduct Medal
* Purple Heart

6.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists campaign participation credit, assault landing credit, unit citation emblems awarded during the Vietnam Conflict.  This pamphlet shows that, during the time of the applicant’s assignment to the 65th Engineer Battalion the unit was awarded the:

* Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period from January 1966 to August 1968
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period from 13 March 1966 to 21 January 1970

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

	a.  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.

	b.  Based on his dates of service in Vietnam, Table B-1 (Campaigns, Service Requirement, and Inscriptions Prescribed for Streamers) shows the applicant served in the:

* Vietnam Counteroffensive, Phase III Campaign (1 June 1967 - 29 January 1968) 
* Tet Counteroffensive Campaign (30 January 1968 - 1 April 1968)
* Vietnam Counteroffensive, Phase IV Campaign (2 April 1968 - 30 June 1968) 
* Vietnam Counteroffensive, Phase V Campaign (1 July 1968 - 1 November 1968) 
* Vietnam Counteroffensive, Phase VI Campaign (2 November 1968 - 
22 February 1969)

	c.  The award of a bronze service star is authorized based on qualifying service for each campaign listed in Table B-1.  A silver service star is worn instead of five bronze service stars.  Authorized service stars will be worn on the appropriate campaign and service medal, which in this case is the Vietnam Service Medal.  

	d.  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.  Orders in his MPRJ show he was awarded the:

* Marksman Marksmanship Qualification Badge with Rifle Bar (M-16)
* Expert Marksmanship Qualification Badge with Rifle Bar (M-14)

2.  Based on his service in the Republic of Vietnam, he is authorized the Vietnam Service Medal and the Republic of Vietnam Campaign Medal with Device (1960). He participated in five campaigns.  Therefore, he is authorized to wear one silver service star on his Vietnam Service Medal.

3.  Based on his service in the 65th Engineer Battalion he is authorized the:

* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation

4.  It is appropriate to add all of the above wards to his DD Form 214.

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 adding the following awards to his DD Form 214 with an effective date of 21 July 1970:

* Vietnam Service Medal with one silver service star
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation
* Republic of Vietnam Campaign Medal with Device (1960)
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-16)
* Expert Marksmanship Qualification Badge with Rifle Bar (M-14)





      __________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)                                         AR20110023079



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ABCMR Record of Proceedings (cont)                                         AR20110023079



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