IN THE CASE OF:	  

		BOARD DATE:	  7 August 2012

		DOCKET NUMBER:  AR20120001893 


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 all awards and decorations to which he may be entitled for his service in Vietnam be added to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).

2.  The applicant states:

* He served 18 months in Vietnam from April 1970 to November 1971
* His DD Form 214 does not reflect any Vietnam awards
* It had to be an administrative error at the time of his separation

3.  The applicant provides:

* Reassignment orders
* 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.  The applicant enlisted in the Regular Army on 21 March 1969 for a period of 
3 years.  He completed his training and was awarded military occupational specialty 12B (combat demolition specialist).  On 2 November 1971, he was honorably released from active duty and transferred to the U.S. Army Reserve Control Group (Reinforcement) to complete his remaining service obligation. 

3.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the entries:

* National Defense Service Medal (NDSM)
* "NVAL" (Not available)

4.  Item 22c (Foreign and/or Sea Service) of his DD Form 214 shows the entry "USARPAC" (U.S. Army Pacific) NVAL."

5.  Item 30 (Remarks) of his DD Form 214 shows he was separated from the service on temporary records and a Soldier's affidavit. 

6.  His DA Form 20 (Enlisted Qualification Record) is not available.

7.  His inclusive dates of service in Vietnam are not available.  However, orders, dated 25 January 1971, show he received the Army Commendation Medal for meritorious achievement for the period 2 August 1970 to 1 December 1970.  These orders show he was assigned to U.S. Army, Headquarters, Task Force Sierra of the 18th Engineer Brigade in Vietnam during this period.  Also, his DA Form 137 (Installation Clearance Record) shows he departed Vietnam on 
1 November 1971.     

8.  Records show he participated in two campaigns in Vietnam during the period 2 August 1970 to 1 November 1971.

9.  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 Headquarters and Headquarters Company, 18th Engineer Battalion was cited for award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation during the period 3 May 1970 to 30 April 1971 by Department of the Army General Orders 6, dated 1974.

10.  Department of the Army Pamphlet 672-3, 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.

11.  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.  

12.  Army Regulation 600-8-22 states 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.  The applicant contends he served in Vietnam from April 1970 to November 1971.  However, his inclusive dates of service are not available.  The available evidence does show he served in Vietnam from 2 August 1970 to 1 November 1971.  

2.  Based on his service in Vietnam from 2 August 1970 to 1 November 1971, and participation in two campaigns, he is entitled to the Vietnam Service Medal with two bronze service stars and the Republic of Vietnam Campaign Medal with Device (1960).  Therefore, his DD Form 214 should be corrected to show these awards.

3.  His Vietnam unit was cited for award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation while he was assigned to it.  His DD Form 214 should be corrected to show this unit award.

4.  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.

5.  Orders show he received the Army Commendation Medal.  His DD Form 214 should be corrected to show this medal.


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 Vietnam Service Medal with two bronze service stars, Republic of Vietnam Campaign Medal with Device (1960), Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and Army Commendation Medal 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)                                         AR20120001893





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ABCMR Record of Proceedings (cont)                                         AR20120001893



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