BOARD DATE:	  19 June 2012

		DOCKET NUMBER:  AR20110024851 


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 National Defense Service Medal, Republic of Vietnam Campaign Medal with Device (1960), and the Vietnam Service Medal with two bronze service stars.

2.  The applicant states he was issued the awards listed above but they are not shown on his DD Form 214.

3.  The applicant provides his DD Form 214, DD Form 215 (Correction to DD Form 214 - Certificate of Release or Discharge from Active Duty), and a letter.

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 records show he was inducted into the Army of the United States on 7 April 1964 and he held military occupational specialty 13A (Field Artillery Basic).  He served in Vietnam from on or about 4 October 1965 to 31 March 1966 while assigned to the 6th Battalion, 27th Artillery.

3.  He was honorably released from active duty on 1 April 1966 and transferred to the U.S. Army Reserve.  He completed 1 year, 11 months, and 25 days of creditable active service of which 5 months and 27 days was foreign service in Vietnam.

4.  The DD Form 214 he was issued shows award of the Army Good Conduct Medal, Vietnam Service Medal, and the Marksman Marksmanship Qualification Badge with Rifle Bar (M-14).

5.  A DD Form 215, dated 17 November 2011, added the Sharpshooter Marksmanship Qualification Badge with Rifle Bar.

6.  Army Regulation 600-8-22 (Military Awards) states:

	a.  The National Defense Service Medal is awarded for honorable active service for any period between 27 July 1950 and 27 July 1954, 1 January 1961 and 14 August 1974, 2 August 1990 and 30 November 1995, and 11 September 2001 and a date to be determined.  

	b.  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.  

	c.  Paragraph 2-13 contains the regulatory guidance for the Vietnam Service Medal.  It states 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, participation credit was awarded for two campaigns.

7.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows that at the time of his assignment to the 6th Battalion, 27th Artillery, this unit was cited for award of the Meritorious Unit Commendation for the period January through October 1966 by Department of the Army General Order (DAGO) Number 17, dated 1968.

8.  Department of the Army Pamphlet 672-3, paragraph 6d states DAGO Number 8, dated 1974, announced award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to Headquarters, United States Army Vietnam and its subordinate units during the period 20 July 1965 through 28 March 1973.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record confirms the applicant served during a qualifying period for award of the National Defense Service Medal which is not shown on his DD Form 214.  Therefore, he is entitled to correction of his DD Form 214 to show this award.

2.  His record confirms he participated in two campaigns while serving in Vietnam.  Therefore, he is entitled to award of two bronze service stars for wear on his already-awarded Vietnam Service Medal and correction of his DD Form 214 accordingly.

3.  GOs awarded his unit in Vietnam the Meritorious Unit Commendation and the Republic of Vietnam Gallantry Cross with Palm Unit Citation during the period he was assigned to the unit.  Therefore, he is entitled to correction of his DD Form 214 to show these unit awards.

4.  With respect to the Republic of Vietnam Campaign Ribbon with Device (1960), the qualifying criteria for this award requires a Soldier to have served in Vietnam for a period of 6 months or more.  As the applicant served in Vietnam less than 6 months, he is not entitled to 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 that 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 amending his DD Form 214 as follows:

* deleting the Vietnam Service Medal
* adding the:

* National Defense Service Medal
* Vietnam Service Medal with two bronze service stars
* Meritorious Unit Commendation
* Republic of Vietnam Gallantry Cross with Palm Unit Citation

2.  The Board further determined that 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 Ribbon 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)                                         AR20110024851





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ABCMR Record of Proceedings (cont)                                         AR20110024851



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