IN THE CASE OF:
BOARD DATE: 13 September 2012
DOCKET NUMBER: AR20120004899
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:
* 18 months of foreign service in Vietnam
* award of 3 overseas service bars
2. The applicant states he served in Vietnam from March 1967 to March 1968 with the 504th Military Police (MP) Battalion and from April to October 1968 with the 1st Battalion, 77th Artillery, 1st Cavalry Division.
3. The applicant provides no additional evidence.
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 applicants 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 applicants 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 records show he enlisted in the Regular Army on 17 October 1966 and he held military occupational specialty 63B (Wheeled Vehicle Mechanic). He served in Vietnam as follows:
* 22 March 1967 - 7 April 1968, assigned to Headquarters Detachment, 504th MP Battalion
* 8 April - 22 September 1968, assigned to the 1st Battalion, 77th Artillery, 1st Cavalry Division
3. He was honorably released from active duty on 16 October 1969 and transferred to the U.S. Army Reserve. He completed 3 years of net active service.
4. Item 22c (Foreign and/or Sea Service) of the DD Form 214 he was issued contains the entry "1 0 1."
5. His DD Form 214 also shows the:
* National Defense Service Medal
* Vietnam Service Medal with one bronze service star
* Republic of Vietnam Campaign Medal with "60" Device
* 2 overseas service bars
* Marksman Marksmanship Qualification Badge with Rifle Bar
6. Item 31 (Foreign Service) of his DA Form 20 (Enlisted Qualification Record) shows his service in Vietnam "from 22 March 1967 through 22 September 1968 for 18 months" or 1 year, 6 months, and 1 day.
7. Item 41 (Awards and Decorations) of his DA Form 20 contains the entry "3 overseas service bars."
8. Army Regulation 600-8-22 (Military Awards), paragraph 2-13, contains the regulatory guidance for the Vietnam Service Medal. It states a bronze service star is authorized with this award for each Vietnam campaign a member is credited with participating in. A silver service star is authorized in lieu of five bronze service stars. A review of his records shows that during his service in Vietnam he participated in five campaigns.
9. 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 504th MP Battalion was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 1 September 1966 through 28 March 1973, by Department of the Army General Orders (GO) Number 6, dated 1974.
DISCUSSION AND CONCLUSIONS:
1. The evidence of record confirms the applicant served in Vietnam for 1 year, 6 months, and 1 day and he was awarded 3 overseas service bars. Therefore, he is entitled to correction of his DD Form 214 accordingly.
2. His record confirms he participated in five campaigns while serving in Vietnam. Therefore, he is entitled to a silver star for wear on his already-awarded Vietnam Service Medal and correction of his DD Form 214 accordingly.
3. GO's awarded his unit in Vietnam the Republic of Vietnam Gallantry Cross with Palm Unit Citation during his period of assignment. Therefore, his DD Form 214 should be corrected to show this unit 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 amending his DD Form 214 as follows:
* deleting the entry in item 22c and replacing it with the entry "1 6 1"
* deleting the Vietnam Service Medal with one bronze service star and overseas service bar (2)
* adding to his DD Form 214:
* 3 overseas service bars
* the Vietnam Service Medal with one silver star
* the Republic of Vietnam Gallantry Cross with Palm Unit Citation
_______ _ 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) AR20120004899
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ABCMR Record of Proceedings (cont) AR20120004899
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