IN THE CASE OF:	  

		BOARD DATE:	  14 June 2012

		DOCKET NUMBER:  AR20110025223 


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, in effect, correction of his DD Form 214 (Report of Separation from Active Duty) for the period ending 16 September 1977 to show all awards he is entitled to.

2.  The applicant states he just discovered that all unit awards he is eligible for are not included on his DD Form 214.

3.  The applicant provides internet unit awards listing for the 31st Infantry Regiment in support of his request.

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 initially enlisted in the Regular Army (RA) on 17 October 1968 for a period of 2 years.  He was trained in and awarded military occupational specialty (MOS) 11C (Infantry Indirect Fire Crewman).  He served for 1 year,
9 months, and 29 days until being honorably released from active duty (REFRAD) on 15 August 1970 as an overseas returnee.  He was transferred to the U.S. Army Reserve (USAR) Control Group (Annual Training) to complete his remaining Reserve obligation.  The DD Form 214 he was issued at the time shows he was awarded the:

* National Defense Service Medal
* Sharpshooter Marksmanship Qualification Badge with Rifle (M-14) Bar
* Expert Marksmanship Qualification Badge with Rifle (M-16) Bar
* Republic of Vietnam Campaign Medal with Device (1960)
* Vietnam Service Medal
* Army Commendation Medal
* Combat Infantryman Badge
* 2 overseas service bars

3.  On 17 September 1973, the applicant again enlisted in the RA.  His record shows he served in the Republic of Vietnam from 17 August 1969 to
12 August 1970.  During this tour he was assigned to Company E, 4th Battalion, 31st Infantry Regiment effective 31 August 1969.  He performed duties in his MOS 11C as a rifleman and assistant gunner.

4.  On 16 September 1977, the applicant was honorably discharged after completing 4 years of net active service during this period and 5 years, 9 months, and 29 days of total active service.  The DD Form 214 he was issued shows, in addition to the awards listed on his DD Form 214 for the period ending 15 August 1970, he earned the Army Good Conduct Medal.

5.  Army Regulation 600-8-22 (Military Awards), paragraph 2-13, contains the regulatory guidance on the Vietnam Service Medal.  It states that 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 four campaigns:

* Vietnam Summer - Fall 1969 (9 June - 31 October 1969)
* Vietnam Winter - Spring 1970 (1 November 1969 - 30 April 1970)
* Sanctuary Counteroffensive (1 May - 30 June 1970)
* Vietnam Counteroffensive Phase VII (1 July 1970 - 30 June 1971)


6.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam.  This pamphlet shows the 4th Battalion, 31st Infantry Regiment, was cited for award of the:

* Presidential Unit Citation for the period 11 through 31 August 1969 by Department of the Army General Order (DAGO) Number 42, dated 1971
* Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 24 August through 31 December 1969 by DAGO Number 6, dated 1974
* Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 31 March through 30 June 1970 DAGO Number 6, dated 1974

7.  Department of the Army Pamphlet 672-3, paragraph 6 (Miscellaneous Information) states that not more than one award of the Republic of Vietnam Gallantry Cross Unit Citation may be worn by any individual.  Although wear of multiple awards of this unit citation badge is not authorized, official military personnel and historical records will indicate all awards received.

8.  Army Regulation 635-5 (Personnel Separations - Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It establishes standardized policy for the preparation of the DD Form 214.  It states that awards and decorations for all periods of service in the priority sequence specified in Army Regulation 600-8-22 will be entered on the DD Form 214.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s request for correction of his DD Form 214 for the period ending 16 September 1977 to show all of his authorized awards has been carefully considered and found to have merit.

2.  The applicant participated in four campaigns during his service in Vietnam.  Therefore, he is entitled to four 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.

3.  His unit was cited for award of the Presidential Unit citation during his period of service in Vietnam.  Therefore, his DD Form 214 should be corrected to show this unit award.

4.  His unit was cited for two awards of the Republic of Vietnam Gallantry Cross with Palm Unit Citation during his period of service.  Therefore, his DD Form 214 should be corrected to show these unit awards.

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 from his DD Form 214 for the period ending 16 September 1977 the Vietnam Service Medal, and

	b.  adding to his DD Form 214 for the period ending 16 September 1977 the:

* Vietnam Service Medal with four bronze service stars
* Presidential Unit Citation
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
(2nd Award) 



      ____________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)                                         AR20110025223



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20110025223



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1