IN THE CASE OF:	  

		BOARD DATE:	  4 October 2012

		DOCKET NUMBER:  AR20120003620 


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, in effect, to amend his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to add bronze service stars to his Vietnam Service Medal (VSM) and the Republic of Vietnam (RVN) Civil Actions Honor Medal First Class Unit Citation.  

2.  He states his DD Form 214 does not reflect his participation in the Vietnam Winter-Spring 1970 and DA Sanctuary Counteroffensive campaigns.  He was in country for the two campaigns and was assigned with the 4th Engineer Battalion when it was awarded the RVN Civil Actions Honor Medal First Class Unit Citation.

3.  The applicant provides:

* various assignment orders
* lineage and honors pages for the 4th Engineer Battalion and 35th Engineer Group
* general orders for various unit awards

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.  His record shows he enlisted in the Regular Army on 25 March 1947.  He continued to serve on active duty through a series of reenlistments as a combat engineer.  He was promoted to the rank of command sergeant major and retired on 31 July 1970, after completing 23 years, 2 months, and 11 days of honorable service. 

3.  A DA Form 20 (Enlisted Qualification Record) shows the following information:

* he served two tours of duty in Korea from 9 June through 13 December 1956 and from 9 November 1960 through 5 October 1961
* he served two tours of duty in Vietnam from 7 July 1966 through 4 July 1967 and from 30 July 1969 through 22 July 1970
* during his first tour in Vietnam he was assigned to Headquarters and Headquarters Company (HHC), 4th Engineer Battalion
* he was assigned to HHC, 35th Engineer Group (Construction) during his second tour in Vietnam
* general orders awarded him the Army Commendation Medal (ARCOM) (3rd Award) 

4.  The applicant's record contains a series of separation documents which cumulatively show he was awarded the following:

* Army of Occupation Medal with Germany clasp
* National Defense Service Medal with one bronze service star
* Bronze Star Medal (2nd Award)
* ARCOM (2nd Award)
* Army Good Conduct Medal (4th Award)
* Air Medal
* RVN Campaign Medal with Device (1960)
* RVN Gallantry Cross with Palm Unit Citation 
* VSM


5.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in Vietnam.  This pamphlet shows the 35th Engineer Group and 4th Engineer Battalion received the following unit awards during the applicant's periods of service in Vietnam:

* RVN Gallantry Cross with Palm Unit Citation by Department of the Army General Orders (DAGO) Number 3, dated 1970
* RVN Civil Actions Honor Medal First Class Unit Citation by DAGO Number 53, dated 1970
* RVN Civil Actions Honor Medal First Class Unit Citation by DAGO Number 6, dated 1974

6.  Department of the Army Pamphlet 672-3 also lists the campaign periods for the Vietnam era.  Six designated campaigns coincide with the applicant's period of service: 

* Vietnam Counteroffensive, Phase II, 1 July 1966 – 31 May 1967
* Vietnam Counteroffensive, Phase III, 1 June 1967 – 29 January 1968
* Vietnam Summer-Fall 1969, 9 June 1969 – 31 October 1969
* Vietnam Winter-Spring 1970, 1 November 1969 – 30 April 1970
* DA Sanctuary Counteroffensive, 1 May 1970 – 30 June 1970
* Vietnam Counteroffensive Phase VII, 1 July 1970 – 30 June 1971

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

   a.  A bronze service star is worn on the appropriate service ribbon, to include the VSM, for each credited campaign.  A silver service star is authorized in lieu of five bronze service stars.
   
   b.  The Korea Defense Service Medal (KDSM) is authorized for award to members of the Armed Forces of the United States who have served on active duty in support of the defense of the Republic of Korea.  The period of eligibility is 28 July 1954 to a date to be determined by the Secretary of Defense.

DISCUSSION AND CONCLUSIONS:

1.  General orders awarded the applicant the ARCOM (3rd Award) which is not shown on his DD Form 214.  As a result, he is entitled to correction of his records to show this award. 

2.  His records show he served in Korea during periods of eligibility for award of the KDSM; as such, he is entitled to addition of this award to his DD Form 214. 

3.  During his tours of duty in Vietnam, general orders awarded his units the following awards.  As such, he is entitled to show these unit awards on his 
DD Form 214:

* RVN Gallantry Cross with Palm Unit Citation by DAGO Number 3, dated 1970 (already shown)
* RVN Civil Actions Honor Medal First Class Unit Citation by DAGO Number 53, dated 1970
* RVN Civil Actions Honor Medal First Class Unit Citation by DAGO Number 6, dated 1974

4.  He participated in six designated campaign phases during his service in Vietnam.  Therefore, he is entitled to wear one silver and one bronze service star on his VSM.

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:

	a.  deleting the ARCOM (2nd Award) and VSM from his DD Form 214 for the period ending 31 July 1970 and

	b.  adding the following awards to his DD Form 214 for the period ending 31 July 1970:

* ARCOM (3rd Award)
* KDSM


* RVN Civil Actions Honor Medal First Class Unit Citation (two awards)
* VSM with one silver and one bronze service star



      _____________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)                                         AR20120003620





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ABCMR Record of Proceedings (cont)                                         AR20120003620



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