IN THE CASE OF:	  

		BOARD DATE:  16 August 2012

		DOCKET NUMBER:  AR20120003374 


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 show award of the Vietnam Service Medal (VSM).  In addition, he requests any and all awards he is entitled to.

2.  The applicant states his military service record does not show his service in the Republic of Vietnam (RVN).

3.  The applicant provides:

* his DD Form 214
* a roster from the internet of a listing former members of B Company, 7th Cavalry, 1st Cavalry Division (Airmobile)
* a letter from the Assistant Division Chaplain, 1st Cavalry Division (Airmobile)

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 into the Army of the United States on 9 January 1969 and successfully completed training.  He was awarded military occupational specialty 11C (Indirect Fire Crewman).
 
3.  The applicant’s military service records do not contain orders assigning him to the RVN.  Item 31 (Foreign Service) of his DA Form 20 (Enlisted Qualification Record) is blank.

4.  The applicant's military service records contain General Orders Number 15676, issued by the 1st Cavalry Division, dated 9 December 1969, that show he was awarded the Air Medal during the period June 1969 through December 1969, while assigned to D Company, 2nd Battalion, 7th Cavalry, 1st Cavalry Division (Airmobile).  

5.  The applicant’s DD Form 214 shows he was absent without leave (AWOL) for the period 20 November 1969 through 13 January 1970.  His DA Form 20 shows he was assigned to Fort Ord, CA on 14 January 1970.

6.  On 26 March 1970, the applicant was honorably released from active duty.
Item 22c (Foreign and/or Sea Service) of his DD Form 214 shows the entry "NONE."  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) only shows award of the National Defense Service Medal.  

7.  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.  Qualifying service included attachment to or assignment for 1 or more days with an organization participating in or directly supporting military operations.  

8.  Army Regulation 600-8-22 states the RVN 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.  

9.  Army Regulation 600-8-22 states a bronze service star is authorized with the Vietnam Service Medal for each Vietnam campaign a member is credited with participating in.  Appendix B shows that during his service in Vietnam the applicant participated in the following three campaigns:

* Tet 69/Counteroffensive (23 February - 8 June 1969) 
* Vietnam Summer - Fall 1969 (9 June - 31 October 1969) 
* Vietnam Winter - Spring 1970 (1 November 1969 - 30 April 1970)

10.  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. 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.

11.  Army Regulation 635-5 (Separation Documents), in effect, at the time states to enter in item 22c the total active duty outside continental limits of the United States for the period covered by the DD Form 214 and the last overseas theater in which service was performed, e.g., USARPAC.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s request for service awards and service credit was carefully considered and it was determined there is merit to support his request.

2.  The preponderance of evidence shows the applicant served in the RVN during the period 1 June 1969 through 19 November 1969.  Based on the foregoing, it would be appropriate to correct his records to show this foreign service.  As a result, item 22c of his DD Form 214 should be corrected to show Years "00" Months "5" Days "19" and “USARPAC” and to add in item 30 (Remarks) RVN Service from 1 June 1969 to 19 November 1969. 

3.  The applicant is entitled to award of the VSM.  His participation in three campaigns makes him eligible for three bronze service stars.  Therefore, the applicant's DD Form 214 should be amended to show the VSM with three bronze service stars.

4.  The applicant met the eligibility for award of the RVN Gallantry Cross with Palm Unit Citation.  His DD Form 214 should be amended to add this award.

5.  Evidence of record shows the applicant was awarded the Air Medal.  His     DD Form 214 should be amended to add the award.

6.  The evidence of record available at this time does not support adding the RVN Campaign Medal with Device (1960) to his DD Form 214.  Although the Air Medal orders show he served in the RVN during the period June 1969 through December 1969, his DA Form 20 and DD Form 214 show he departed Vietnam in an AWOL status on 20 November 1969.  Since only a period of 5 months and 19 days of Vietnam service can be confirmed, there is insufficient evidence to show he met the 6-month period required for this award.

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:

* deleting in item 22c of his DD Form 214 the entry "NONE"
* adding in item 22c of his DD Form 214 the entry 00 years, 5 months, 19 days USARPAC
* amending item 24 of his DD Form 214 to add:

* Air Medal
* Vietnam Service Medal with three bronze service stars
* RVN Gallantry Cross with Palm Unit Citation

* amending item 30 of his DD Form 214 to add the entry "RVN Service From 1 June 1969 to 19 November 1969"



      __________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)                                         AR20120003374





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ABCMR Record of Proceedings (cont)                                         AR20120003374



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