IN THE CASE OF:	  

		BOARD DATE:	  19 July 2012

		DOCKET NUMBER:  AR20110024913 


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 the:

* Vietnam Service Medal with two or three bronze service stars
* 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)
* All U.S. Army Reserve (USAR) decorations
* All decorations awarded to his unit in Vietnam, including the Presidential Unit Citation, Meritorious Unit Commendation, or the Valorous Unit Award
* Expert Marksmanship Qualification Badge with Rifle Bar (M-14)
* All other awards and decorations he may be entitled to

2.  The applicant states the awards were left off upon leaving Vietnam and the Army.

3.  The applicant provides:

* His DD Form 214
* A letter from the National Personnel Records Center (NPRC), St. Louis, MO, dated 7 December 2011
* A DA Form 66 (Officer Qualification Record)
* 
Special Orders Number 85 issued by Headquarters, 7th Transportation Battalion, Fort Campbell, KY, dated 3 June 1965
* Four DA Forms 66A (Report of Change for DA Form 66)
* Two DA Forms 2876 (Report of Change for DA Form 66)
* A DA Form 67-5 (U.S. Army Officer Efficiency Report)

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 appointed as a Reserve commissioned officer of the Army and executed an oath of office on 31 May 1964.  He entered active duty on 4 July 1964 and he performed duties as a transportation officer.

3.  Special Orders Number 85, dated 3 June 1965, awarded the applicant the Expert Marksmanship Qualification Badge with Rifle Bar (M-14).  Item 23 (Qualification in Arms) of his DA Form 66 also shows he was awarded the Expert Marksmanship Qualification Badge with Rifle Bar (M-14).

4.  He served in Vietnam with the 151st Transportation Company (Light Truck) from 17 August 1965 to 20 June 1966.

5.  He was honorably released from active duty in the rank/grade of first lieutenant (1LT)/O-2 on 1 July 1966 and he was transferred to the USAR Control Group (Annual Training) to complete his remaining service obligation.  His DD Form 214 shows he was awarded the:

* Vietnam Service Medal
* National Defense Service Medal

6.  Army Regulation 600-8-22 (Military Awards) provides Department of the Army policy, criteria, and administrative instructions concerning individual military 

decorations, Army Good Conduct Medal, service medals and ribbons, combat and special skill badges and tabs, unit decorations, and trophies, and similar devices awarded in recognition of accomplishments.  It states:

	a.  Paragraph 2-13 provides the regulatory guidance on 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, the applicant participated in the following two campaigns:

* Vietnam Defense Campaign (8 March - 24 December 1965)
* Vietnam Counteroffensive (25 December 1965 - 30 June 1966)

	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.

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.  Paragraph 6d states that Department of the Army General Orders Number 8, dated 1974, announced award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to Headquarters, U.S. Army Vietnam, and its subordinate units, during the period 20 July 1965 to 28 March 1973.

8.  There is no indication his unit in Vietnam was cited for award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, Presidential Unit Citation, Meritorious Unit Commendation, or the Valorous Unit Award during his period of assignment in Vietnam.

DISCUSSION AND CONCLUSIONS:

1.  The applicant participated in two campaigns during his service in Vietnam.  Therefore, he is entitled to two bronze service stars for wear on his already-awarded Vietnam Service Medal and correction of his DD Form 214 to show these bronze service stars.

2.  He served a qualifying period of service for entitlement to the Republic of Vietnam Campaign Medal with Device (1960).  Therefore, his DD Form 214 should be corrected to show this award.

3.  All units in Vietnam were cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation during his period of assignment.  Therefore, his DD Form 214 should be corrected to show this unit award.

4.  Special orders awarded him the Expert Marksmanship Qualification Badge with Rifle Bar (M-14).  Therefore, his DD Form 214 should be corrected to show this marksmanship qualification badge.

5.  There is no evidence the applicant's unit in Vietnam was cited for award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, Presidential Unit Citation, Meritorious Unit Commendation, or the Valorous Unit Award during his period of assignment.  Therefore, there is no basis for granting this portion of his request.

6.  With respect to Reserve awards, there is no evidence of record and he provides none to show that at the time he was released from active duty on 1 July 1966 he had been awarded any Reserve awards or that such awards were omitted from his DD Form 214.  Therefore, there is no basis for granting this portion of his request.

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:

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

	b.  adding to his DD Form 214 the:

* Vietnam Service Medal with two bronze service stars
* Republic of Vietnam Campaign Medal with Device "1960"
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Expert Marksmanship Qualification Badge with Rifle Bar (M-14)

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 adding any additional awards or decorations to his DD Form 214.



      ___________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)                                         AR20110024913



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ABCMR Record of Proceedings (cont)                                         AR20110024913



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