IN THE CASE OF:	  

		BOARD DATE:	  31 July 2012

		DOCKET NUMBER:  AR20120002217 


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 the following entries be added to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge):

* the Army Commendation Medal
* the dates he was in Vietnam

2.  The applicant states the Department of Veterans Affairs (VA) hospital stated these corrections would assist him with his VA hospital benefits.

3.  The applicant provides:

* an unsigned citation for the Army Commendation Medal
* his 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. He was inducted into the Army of the United States on 15 September 1966.

3.  Headquarters U.S. Army Training Center and Fort Leonard Wood, Fort Leonard Wood, MO, Special Orders Number 305, dated 1 November 1966, awarded him the Marksman Marksmanship Qualification Badge with Rifle Bar.

4.  He was assigned to Headquarters and Company A, 701st Maintenance Battalion, in the Republic of Vietnam from 22 February 1967 to 11 February 1968.

5.  Headquarters, 1st Infantry Division, General Orders Number 1079, dated 11 February 1968, awarded him the Army Commendation Medal.

6.  Headquarters, 12th Support Brigade, Fort Bragg, NC, General Orders Number 126, dated 13 August 1968 awarded him the Army Good Conduct Medal (1st Award).

7.  On 13 September 1968, he was released from active duty.  His DD Form 214 shows he is authorized the:

* National Defense Service Medal
* Republic of Vietnam Campaign Medal with Device (1960) (listed twice as the Vietnam Campaign Medal)

8.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists campaign participation credit, assault landing credit, and unit citation emblems awarded during the Vietnam Conflict.  This pamphlet shows that during the time of the applicant's assignment to the 
701st Maintenance Battalion the unit was awarded the:

* Meritorious Unit Commendation (Army) – 1 July 1967-31 May 1968
* Republic of Vietnam Gallantry Cross with Palm Unit Citation – 12 July 1965-16 October 1968
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation – October 1965-7 April 1970

9.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards.

	a.  The Vietnam Service Medal was 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.  Qualifying service included attachment to or assignment for 1 or more days with an organization participating in or directly supporting military operations.

	b.  Based on his dates of service in Vietnam, Table B-1 (Campaigns, Service Requirement, and Inscriptions Prescribed for Streamers) shows he participated in the:

* Vietnam Counteroffensive Phase II Campaign (1 July 1966-31 May 1967)
* Vietnam Counteroffensive Phase III Campaign (1 June 1967-29 January 1968) 
* Tet Counteroffensive Campaign (30 January 1968-1 April 1968)

	c.  The award of a bronze service star is authorized based on qualifying service for each campaign listed in Table B-1 of this regulation.  Authorized service stars will be worn on the appropriate campaign and service medal, which in this case is the Vietnam Service Medal.

	d.  The Republic of Vietnam Campaign Medal with Device (1960) was awarded by the Government of the Republic of Vietnam to all members of the Armed Forces of the United States for qualifying service in the Republic of Vietnam during the period 1 March 1961 through 28 March 1973.  Qualifying service included assignment in the Republic of Vietnam for 6 months or more.

10.  Interim Change Number 15, dated 15 December 1971, to Army Regulation 635-5 (Separation Documents), dated 23 January 1967, stated inclusive dates for service in Indochina and Korea on or after 5 August 1964 were entered in item 30 (Remarks) by entering inclusive dates of service for Vietnam and indicating "yes" or "no" for service in Indochina and Korea.

DISCUSSION AND CONCLUSIONS:

1.  Orders in his official military personnel file show he was awarded the:

* Army Commendation Medal
* Army Good Conduct Medal
* Marksman Marksmanship Qualification Badge with Rifle Bar

2.  Based on his service in the Republic of Vietnam with the 701st Maintenance Battalion, he is authorized the:
* 
Meritorious Unit Commendation (Army) 
* Vietnam Service Medal with three bronze service stars
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation

3.  His DD Form 214 incorrectly lists the "Vietnam Campaign Medal" twice.  The correct manner of entering this medal is Republic of Vietnam Campaign Medal with Device (1960).  Therefore, it would be appropriate to delete both incorrect entries and add the Republic of Vietnam Campaign Medal with Device (1960) to his DD Form 214.

4.  Interim Change Number 15 to Army Regulation 635-5, dated 23 January 1967, stated inclusive dates for service in Indochina and Korea on or after 
5 August 1964, were entered it item 30 by entering inclusive dates of service for Vietnam and indicating "yes" or "no" for service in Indochina and Korea.  Therefore, as an exception to policy, it would be appropriate to add the dates of his service in Vietnam to item 30 of his DD Form 214.

BOARD VOTE:

____x___  ____x___  ____x___  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined the evidence presented is 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 amending his DD Form 214 as follows:

	a.  Delete both Vietnam Campaign Medal entries.

	b.  Add the:

* Army Commendation Medal
* Meritorious Unit Commendation (Army)
* Army Good Conduct Medal
* Vietnam Service Medal with 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)
* Marksman Marksmanship Qualification Badge with Rifle Bar

	c.  Add the following entry to item 30:  Vietnam:  22 February 1967 to 11 February 1968  INDOCHINA:  YES  KOREA:  NO.




      _____________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)                                         AR20120002217



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ABCMR Record of Proceedings (cont)                                         AR20120002217



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