IN THE CASE OF:	  

		BOARD DATE:	  7 August 2012

		DOCKET NUMBER:  AR20120002258 


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 for his service in the Republic of Vietnam
* 2 months pay for separate rations (Basic Allowance for Subsistence (BAS))

2.  The applicant states:

* the Vietnam Service Medal with Bronze Star Citation and medal were not issued
* he was not recognized for his combat against the enemy 
* it would be in the interest of justice to reflect the awards and decorations on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge)
* it was unfair not to receive separate rations for the period 11January to 17 March 1968 because he and his unit were eating off the indigenous economy 

3.  The applicant provides:

* two DD Forms 214
* extracts of his DA Form 20 (Enlisted Qualification Record)



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 inducted in the Army of the United States on 14 September 1966.  He enlisted in the Regular Army on 21 September 1966.  He completed training and was awarded military occupational specialty 31M (Radio Relay and Carrier Operator).  The highest rank/grade he attained while on active duty was sergeant/E-5.

3.  The applicant's DA Form 20 shows the following:

   a.  Item 31 (Foreign Service), USARPAC (U.S. Army Pacific), Vietnam, for the period 18 March 1967 to 19 March 1968.

b. Item 38 (Record of Assignments):

* Company A, 44th Signal Battalion (Support), 23 March 1967 to 9 May 1967
* “A44th,” 36th Signal Battalion, 23 March 1967 to 10 January 1968 
*	attached to Headquarters and Headquarters Detachment, 52d Signal Battalion, 11 January 1968
*	324th Signal Company, 11 January to 19 March 1968

c.  Item 39 (Campaigns):

*	Vietnam Counteroffensive Phase II, 1 July 1966 to 31 May 1967
*	Vietnam Counteroffensive Phase III, 1 June 1967 to 29 January 1968
*	Tet Counteroffensive, 30 January 1968 to 1 April 1968 

d.  Item 41 (Award and Decorations):

*	National Defense Service Medal
*	Vietnam Service Medal
*	Vietnam Campaign Medal
*	Expert Marksmanship Qualification Badge with Rifle Bar (M-14)

4.  The applicant's DD Form 214 shows the following:

* he served 1 year in the Republic of Vietnam
* he completed 3 years and 7 days of credible active military service
* he was honorably released from active duty on 19 September 1969 and transferred to the U.S. Army Reserve Control Group (Reinforcement)

5.  The applicant's DD Form 214 does not show award of the following:

* Vietnam Service Medal
* Expert Marksmanship Qualification Badge with Rifle Bar (M-14)

6.  Coordination with the Defense Finance and Accounting Service shows pay records for the Vietnam era are unavailable.  The applicant does not provide any pay records.

7.  Title 31, U.S. Code, section 3702 is the 6-year barring statute for payment of claims by the Government.  One of the principle purposes of the statute is to relieve the Government of over-burdensome recordkeeping requirements.

8.  The applicant's DA Form 137 (Installation Clearance Record) shows he cleared the finance and accounting office and his financial data records folder was cleared.  Instructions on the DA Form 137 stated to furnish a DA Form 2142 (Request for Pay Action) at least 5 days prior to departure if pay or allowance was desired.  A review of the applicant's official military personnel file does not contain a DA Form 2142.  

9.  A review of the applicant's records shows he is entitled to additional awards and decorations.

10.  Special Orders Number 87, Headquarters, United States Army Electronic Proving Ground, Fort Huachuca, AZ, dated 8 May 1969, show he was awarded the Expert Marksmanship Qualification Badge with Rifle Bar (M-14).

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.  Department of the Army General Orders (DAGO) Number 8, dated 1974, announced award of the RVN Gallantry Cross with Palm Unit Citation to Headquarters, U.S. Military Assistance Command and its subordinate units during the period 8 February 1962 to 28 March 1973 and to Headquarters, U.S. Army Vietnam and its subordinate units during the period 20 July 1965 to 28 March 1973.

13.  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 unit to which the applicant was assigned was cited for award of the Meritorious Unit Commendation by DAGO Number 42, dated 1969, for the period 25 October 1967 to 31 May 1968.

14.  Army Regulation 37-104-4 (Military Pay and Allowances Policy) defines Army-unique military pay policy for entitlements, allotments, and deductions outlined in the Department of Defense Financial Management Regulation Military Pay, Policy, and Procedures, Volume 7A (DODFMR, Volume 7A) and DOD Instruction 7000.14-R.  Chapter 14 provides the policy and entitlement provisions for station allowances.  The regulation states, in effect, that proper authorization and documentation for BAS will be submitted by the appropriate unit commander.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request for all awards and decorations for his service in the Republic of Vietnam and 2 months pay for separate rations was carefully considered and determined to have partial merit.

2.  His record shows he was awarded the Vietnam Service Medal.  The evidence shows he participated in three campaign phases during his service in the Republic of Vietnam.  Therefore, he is entitled to three bronze service stars for wear on his previously awarded Vietnam Service Medal and correction of his DD Form 214 to show these three bronze service stars.

3.  General orders awarded the applicant's unit the Meritorious Unit Commendation.  Therefore, his DD Form 214 should be corrected to show this unit award.

4.  General orders awarded his unit the Republic of Vietnam Gallantry Cross with Palm Unit Citation during his tenure in the unit.  Therefore, he is entitled to have his DD Form 214 corrected to show this foreign unit award.

5.  Special orders awarded him the Expert Marksmanship Qualification Badge with Rifle Bar (M-14).  Therefore, he is entitled to have his DD Form 214 corrected to show this award.
6.  Although the applicant states he is entitled to 2 months of BAS pay, his record is void of any financial records and he does not provide any.  Without evidence to the contrary, it is presumed his financial records were in order at the time of his separation.  Furthermore, the barring statute prohibits payment of claims against the Government over 6 years of age. 

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 adding the following to his DD Form 214:

* three bronze service stars to be affixed to his previously-awarded Vietnam Service Medal
* the Republic of Vietnam Gallantry Cross with Palm Unit Citation
* the Meritorious Unit Commendation
* the 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 2 months of BAS pay.  




      _______ _   _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)                                         AR20120002258



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ABCMR Record of Proceedings (cont)                                         AR20120002258



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