IN THE CASE OF:	  

		BOARD DATE:	  18 September 2012

		DOCKET NUMBER:  AR20120005215 


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 his Vietnam service from March through April 1968 and award of the Bronze Star Medal with "V" Device. 

2.  The applicant states, in effect, he served in Vietnam for 3 months in 1968 prior to being medically evacuated to Japan. 

3.  The applicant provides:

* DD Form 214
* Letter Orders Number 627, dated 4 October 1968
* General Orders Number 76, dated 12 January 1970
* Department of Veterans Affairs Treatment Summary

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 enlisted in the Regular Army on 30 March 1967.  He completed basic combat and advanced individual training and he was awarded military occupational specialty 64B (Heavy Vehicle Driver).  Records show he arrived in the Republic of Vietnam on 26 March 1968, and he was assigned to the 506th Supply and Service Company prior to being medically evacuated on 21 June 1968.  On 2 July 1969, he returned to the Republic of Vietnam and was further assigned to the 563rd Transportation Company through 17 March 1970.  The highest rank/grade he attained during his service was private first class/E-3.  

3.  Special Orders Number 130, issued by Headquarters, U.S. Army Training Center, Infantry, Fort Benning, GA, dated 3 June 1967, awarded him the Expert Marksmanship Qualification Badge with Rifle Bar (M-14).

4.  Special Orders Number 25, issued by Headquarters, Fort Meyer, VA, dated   2 February 1968, awarded him the Expert Marksmanship Qualification Badge with Rifle Bar (M-16).

5.  General Orders Number 76, issued by Headquarters, U.S. Army Support Command, Saigon, dated 12 January 1970, awarded him the Bronze Star Medal with "V" Device.

6.  He was honorably released from active duty on 18 March 1970, and transferred to the U.S. Army Reserve Control Group (Reinforcement) to complete his remaining service obligation.  His DD Form 214 shows the following entries:

* item 22c (Foreign and/or Sea Service) – U.S. Army Pacific Command for a period of 8 months and 18 days
* item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) National Defense Service Medal, Vietnam Service Medal, and the Republic of Vietnam Campaign Medal with Device (1960)
* item 30 (Remarks) – Republic of Vietnam 2 July 1969 through 17 March 1970

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 the 506th Supply and Service Company, a unit to which the applicant was assigned, was cited for award of the Meritorious Unit Commendation for the period 25 August 1967 through 1 September 1968 by Department of the Army General Order (DAGO) Number 39, dated 1970.  
8.  This pamphlet also shows the 563rd Transportation Company, a unit to which the applicant was later assigned, was cited for award of the Meritorious Unit Commendation for the period 1 April 1969 through 31 March 1970 by DAGO Number 51, dated 1971 and a foreign unit award of the Republic of Vietnam Gallantry Cross with Gold Star for the period 23 October 1966 through              26 September 1969 by DAGO 24, dated 1972.

9.  	Department of the Army Pamphlet 672-3, paragraph 6d states that 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. Army Vietnam, and its subordinate units, during the period
20 July 1965 to 28 March 1973.

10.  Army Regulation 600-8-22 (Military Awards), paragraph 2-13, contains the regulatory guidance on the Vietnam Service Medal.  It states that a bronze service star is authorized with this award for each Republic of Vietnam campaign a member is credited with participating in.  Appendix B shows that during his service in the Republic of Vietnam, the applicant participated in the following four campaigns:

* TET Counteroffensive
* Vietnam Counteroffensive Phase IV
* Vietnam Summer - Fall 1969 
* Vietnam Winter - Spring 1970

11.  Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214.  Chapter 2 in effect at the time contained guidance on the preparation of the DD Form 214 and stated that item 22c would show the total period of active service outside the 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, etc.).  Furthermore, item 30 was used for Department of the Army mandatory requirements when a separate block was required for a continuation entry.

DISCUSSION AND CONCLUSIONS:

1.  Special orders awarded him the Expert Marksmanship Qualification Badge with Rifle Bar (M-14) and Expert Marksmanship Qualification Badge with Rifle Bar (M-16).  Therefore, he is entitled to correction of his DD Form 214 to show these badges.

2.  General orders awarded him the Bronze Star Medal with "V" Device; therefore, he is entitled to correction of his DD Form 214 to show this award.
3.  Each of the applicant's units in Vietnam was cited for award of the Meritorious Unit Commendation during his period of assignment.  Therefore, his DD Form 214 should be corrected to show these unit awards.

4.  The applicant was assigned to a unit in Vietnam which was awarded the  Republic of Vietnam Gallantry Cross with Gold Star during his period of assignment.  Therefore, his DD Form 214 should be corrected to show this foreign unit award.

5.  All units in Vietnam were awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation during his service in Vietnam.  Therefore, his DD Form 214 should be corrected to show this unit award.

6.  Records show the applicant participated in four campaign phases during his service in the Republic of Vietnam.  Therefore, he is entitled to four bronze service stars for wear on his already-awarded Vietnam Service Medal and correction of his DD Form 214 to show these service stars.

7.  The applicant’s records show he served in the Republic of Vietnam for the period 26 March to 21 June 1968, prior to being medically evacuated.    Therefore, he is entitled to have this period of service entered in item 30 of his                  DD Form 214.

8.  Based on the applicant’s time served in the Republic of Vietnam during the period 26 March through 21 June 1968 (88 days), it would be appropriate to correct item 22c of his DD Form 214 by adding 2 months and 28 days to his foreign service. 

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 from his DD Form 214 the Vietnam Service Medal;

   b.  adding to his DD Form 214 the:

* Expert Marksmanship Qualification Badge with Rifle Bar
* Bronze Star Medal with "V" Device
* 2 Meritorious Unit Commendations 
* Republic of Vietnam Gallantry Cross with Gold Star
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Vietnam Service Medal with four bronze service stars

   c.  adding the statement "RVN 26 March to  21 June 1968" to item 30 of his DD Form 214; and 
   
   d.  deleting the entry in item 22c of his DD Form 214 and replacing it with the entry "00 11 14."




      _______ _   _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)                                         AR20120005215



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ABCMR Record of Proceedings (cont)                                         AR20120005215



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