IN THE CASE OF:	  

		BOARD DATE:	  16 August 2012

		DOCKET NUMBER:  AR20120003192 


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) for the period ending 6 May 1969, to show the Presidential Unit Citation, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and five bronze service stars.

2.  The applicant states his family would like to display his medals.

3.  The applicant provides:

* DA Form 20 (Enlisted Qualification Record)
* DD Form 214 for the period ending 12 May 1966
* 2 copies of his 1969 DD Form 214
* the months of February and August 2006 of the 11th Armored Cavalry Calendar

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 military record shows he enlisted in the Regular Army (RA) on 30 March 1965 for 3 years.  He completed training and was awarded military occupational specialty 63B (Wheeled Vehicle Mechanic).  He served in Alaska from 2 September 1965 through 26 May 1966.  

3.  He was honorably discharged on 12 May 1966 for the purpose of immediate reenlistment.  His DD Form 214 lists the Expert Marksmanship Qualification Badge with Rifle Bar (M-14).  He reenlisted in the RA on 13 May 1966 for 3 years.

4.  He served in Vietnam from 28 January 1966 through 27 June 1967 during three campaigns.  He also served in Vietnam from 5 August 1968 through 4 May 1969, during three campaigns.  He was assigned to:

* 85th Maintenance Company - 30 September 1966 to 23 June 1967
* Headquarters and Headquarters Troop, 3rd Squadron, 11th Armored Cavalry Regiment - 8 August 1968 to 3 May 1969

5.  He was honorably released from active duty on 6 May 1969, as an overseas returnee, and was transferred to the U.S. Army Reserve Control Group (Reinforcement).  His DD Form 214 lists the:

* National Defense Service Medal
* Vietnam Service Medal
* Vietnam Campaign Medal
* Army Good Conduct Medal (1st Award)
* Four overseas service bars

6.  Army Regulation 600-8-22 (Military Awards) states a bronze service star is authorized to be worn with the Vietnam Service Medal for each Vietnam campaign a member is credited with participating in.  One silver service star denotes five bronze service stars.

7.  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 his unit, the 85th Maintenance Company, was cited for the:

* Meritorious Unit Commendation for the period 29 December 1966-31 March 1968, by Department of the Army General Orders (DAGO) Number 67, dated 1968
* Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 1 March-9 October 1971, by DAGO 6, dated 1974

8.  Department of the Army Pamphlet 672-3 also shows his unit, the 11th Armored Cavalry, was cited for the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 7 September 1966-10 August 1968, by DAGO 60, dated 1969.

9.  Department of the Army Pamphlet 672-3 states not more than one Vietnam Gallantry Cross Unit Citation will be worn by any individual, thereby precluding wear of the Vietnamese Fourragere that represents multiple awards of the Republic of Vietnam Gallantry Cross.  The pamphlet provides that, although multiple awards of this unit citation are not authorized for wear, official military and historical records will indicate all awards received.

DISCUSSION AND CONCLUSIONS:

1.  General orders awarded the applicant's unit, the 85th Maintenance Company, the Meritorious Unit Commendation and Republic of Vietnam Gallantry Cross with Palm Unit Citation.  Therefore, it would be appropriate to add these unit awards to his DD Form 214 for the period ending 6 May 1969.

2.  General orders also awarded his unit, the 11th Armored Cavalry Regiment, the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  The regulation provides that, although multiple awards of this unit citation are not authorized for wear, official military and historical records will indicate all awards received.  Therefore, he is entitled to correction of his DD Form 214 to show award of two awards of the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

3.  The evidence of record also shows he participated in a total of six campaigns during his periods of service in Vietnam.  Therefore, he is entitled to one silver service star and one bronze service star to be affixed to his already-awarded Vietnam Service Medal.  It would now be appropriate to correct his 1969 DD Form 214 to shows these service stars.

4.  There is no evidence of record and he did not provide sufficient evidence to show the 11th Armored Cavalry Regiment was awarded the Presidential Unit Citation during his period of assignment.  Therefore, he is not entitled to correction to his 1969 DD Form 214 to show this award.

5.  In view of the foregoing, his records should be corrected as recommended below.

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:

a. deleting from the applicant's DD Form 214, for the period ending 6 May 1969, the Vietnam Service Medal; and
   
   b.  adding to his 6 May 1969 DD Form 214 the:

* Vietnam Service Medal with one silver service star and one bronze service star
* Meritorious Unit Commendation
* Republic of Vietnam Gallantry Cross with Palm Unit Citation (2nd Award)

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 adding the Presidential Unit Citation to his 1969 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)                                         AR20120003192





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ABCMR Record of Proceedings (cont)                                         AR20120003192



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