IN THE CASE OF:	  

		BOARD DATE:  17 July 2012

		DOCKET NUMBER:  AR20120001187 


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 add:

* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation
* Vietnam Service Medal with 2 or 3 bronze service stars
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-14)
* All unit awards or decorations awarded to his unit

2.  The applicant states, in effect, several awards were left off his DD Form 214 when he departed Vietnam and separated from the Army.

3.  The applicant provides:

* DD Forms 214 for the periods ending in 28 February 1967 and 19 August 1969
* Letter from the National Personnel Records Center, dateed 12 December 2011
* DA Form 20 (Enlisted Qualification Record)
* Unit Orders Number 2, dated 1 June 1967
* Unit Orders Number 3, dated 2 June 1967
* General Orders (GOs) Number 826, dated 21 July 1969



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 enlisted in the U.S. Army Reserve on 13 January 1966 and he held military occupational specialty 64B (Heavy Truck Driver).  He was ordered to active duty on 13 May 1968 and he attained the rank/grade of specialist five/E-5.

3.  His DA Form 20 shows he served in Vietnam from 25 September 1968 to 
29 May 1969 and from 15 July 1969 to 13 August 1969 with the 319th Transportation Company (Light Truck), and from 30 May 1969 to 14 July 1969 with the 86th Transportation Company.  This form also shows in item 41 (Awards and Decorations):

* Unit Orders Number 3, issued by the 319th Transportation Company (Light Truck), Augusta, GA, on 2 June 1967, awarded him the Marksman Marksmanship Qualification Badge with Rifle Bar (M-14)
* Special Orders (SOs) Number 59, issued by the 319th Transportation Company (Light Truck), Vietnam, on 12 July 1968, awarded him the Expert Marksmanship Qualification Badge with Rifle Bar (M-16)

4.  GOs Number 925, issued by Headquarters, U.S. Army Support Command, Saigon, on 5 August 1969, awarded him the Army Commendation Medal with "V" Device.

5.  He was honorably released from active duty on 19 August 1969.  His DD Form 214 shows the:

* National Defense Service Medal
* Vietnam Service Medal with two bronze service stars
* Republic of Vietnam Campaign Medal with Device (1960)


* Army Good Conduct Medal
* 2 overseas service bars

6.  Army Regulation 600-8-22 (Military Awards) states 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.  This same regulation states a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each credited campaign.  Appendix B shows that during his service in Vietnam, participation credit was awarded for the following campaigns:

* Vietnam Counteroffensive, Phase V, 1 July 1968 - 1 November 1968
* Vietnam Counteroffensive, Phase VI, 2 November 1968 - 22 February 1969
* TET 69 Counteroffensive, 23 February 1969 - 8 June 1969
* Vietnam Summer - Fall 1969, 9 June 1969 - 31 October 1969

7.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) establishes the eligibility of individual members for campaign participation credit, assault landing credit, and unit citation badges awarded during the Vietnam Conflict.  It confirms that during his service with 86th Transportation Company in Vietnam this unit was awarded the:

* Meritorious Unit Commendation, 1 July 1968 - 30 June 1969, DAGO 53, 1970
* Meritorious Unit Commendation, 1 July 1969 - 31 May 1970, DAGO 50, 1971
* Republic of Vietnam Gallantry Cross with Palm Unit Citation, 20 July 1965 - 28 March 1973, DAGO 8, 1974

DISCUSSION AND CONCLUSIONS:

1.  Unit Orders awarded him the Marksman Marksmanship Qualification Badge with Rifle Bar (M-14) and SOs awarded him the Expert Marksmanship Qualification Badge with Rifle Bar (M-16); therefore, he is entitled to correction of his DD Form 214 to show these badges.

2.  GOs awarded him the Army Commendation Medal with "V" Device; therefore, he is entitled to correction of his DD Form 214 to show this award.



3.  The evidence of record shows he participated in four campaigns while serving in Vietnam; therefore, he is entitled to correction of his DD Form 214 to show four bronze service stars affixed to his previously-awarded Vietnam Service Medal.

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

5.  Department of the Army Pamphlet 672-3 does not credit either of his units with award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation; therefore, 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 the evidence presented is 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:

* deleting from his DD Form 214 for the period ending on 19 August 1969 the entry "Vietnam Service Medal with two bronze service stars"
* adding to his DD Form 214 for the period ending on 19 August 1969 the  

* Marksman Marksmanship Qualification Badge with Rifle Bar (M-14)
* Expert Marksmanship Qualification Badge with Rifle Bar (M-16)
* Army Commendation Medal with "V" Device
* Vietnam Service Medal with four bronze service stars
* Meritorious Unit Commendation (2nd Award)
* Republic of Vietnam Gallantry Cross with Palm Unit Citation


2.  The Board further determined 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 Civil Actions Honor Medal First Class Unit Citation.



      ___________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)                                         AR20120001187





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ABCMR Record of Proceedings (cont)                                         AR20120001187



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