IN THE CASE OF:	  

		BOARD DATE:  18 October 2012

		DOCKET NUMBER:  AR20120007606 


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 all awards he is authorized.

2.  The applicant states:

   a.  the Army forwarded additional awards to his parents’ home for him;
   
   b.  he never knew what the awards were because his parents passed away and the medals were lost; and
   
   c.  he would now like these awards added to his DD Form 214.

3.  The applicant provides the following:

* Department of Veterans Affairs (VA) Claim Form
* Two DD Forms 214

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 record shows he initially enlisted in the Regular Army (RA) on 5 June 1961.  He was trained in and awarded military occupational specialty 911.17 (Medical Specialist).

3.  On 4 June 1964, he was released from active duty and transferred to the U.S. Army Reserve.  The DD Form 214 issued to him at that time shows he completed 3 years of honorable service and he earned the following awards:

* Army Good Conduct Medal
* Parachutist Badge
* Expert Marksmanship Qualification Badge with Rifle Bar

4.  On 3 August 1964, the applicant again enlisted in the RA.  His MOS was converted to 91B.

5.  His DA Form 20 (Enlisted Qualification Record) shows he served in the Republic of Vietnam (RVN) from 8 September 1966 to 26 July 1967.  It also shows he was assigned to Headquarters and Headquarters Company, 27th Engineer Battalion.

6.  His Army Military Human Resource Record (AMHRR) contains Headquarters, United States Army Engineer Command Vietnam (Provisional), General Orders Number 338, dated 8 August 1967.  It announced the applicant’s award of the Army Commendation Medal (ARCOM) for meritorious service in the RVN.

7.  On 26 July 1967, the applicant was honorably discharged from the RA having completed a total of 6 years, 1 month, and 22 days of creditable active service.  His DD Form 214 contains the following list of awards:

* National Defense Service Medal (NDSM)
* Vietnam Service Medal (VSM)
* Vietnam Campaign Medal 
* Overseas Service Bar
* Expert Marksmanship Qualification Badge with Rifle Bar

8.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, release from active duty, or control of the Active Army.  It provides a brief, clear-cut record of active service at the time of release from active duty, retirement, or discharge.  It also establishes standardized policy for preparing and distributing the DD Form 214.  It states item 24 will include all decorations, service medals, campaign credit, and badges awarded or authorized.

9.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy and criteria concerning individual military awards.

	a.  Paragraph 2-13 contains guidance on award of the Vietnam Service Medal (VSM).  It states that a bronze service star is authorized for each campaign a member is credited with participating in while serving in the RVN.

	b.  Table B-1 contains a list of campaigns and shows that during the applicant's tenure of assignment in the RVN, he was credited with participation in the Vietnam Counteroffensive, Phase II and the Vietnam Counteroffensive, Phase III.

10.  Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) establishes the eligibility of individual members for campaign participation credit, assault landing credit, and unit citation badges awarded during the Vietnam Conflict.  It confirms that during the applicant's tenure of assignment in the RVN, his unit (27th Engineer Battalion) earned the Meritorious Unit Commendation (MUC) for service in the RVN from October 1966 to April 1967, announced in Department of the Army General Orders Number 17, dated in 1968.

11.  Department of the Army General Orders 8, dated 1974, announced award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for service in Vietnam to Headquarters, United States Army Vietnam and its subordinate units during the period 20 July 1965 to 28 March 1973.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends his DD Form 214 should be corrected to show the awards forwarded to his parents’ home.  His AMHRR includes an official order announcing his award of the ARCOM, dated 8 August 1967, subsequent to his 26 July 1967 discharge from active duty and thereby corroborating his claim.  Accordingly, his DD Form 214 should be corrected to show the ARCOM.

2.  The evidence of record confirms that based on the applicant's RVN service with his unit and his campaign participation, he is authorized the MUC, RVNGC with Palm Unit Citation, and two bronze service stars to be worn with his already- awarded VSM.  Accordingly, it would be appropriate to add these awards to his DD Form 214 at this time.

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.  amending his DD Form 214 by deleting the Vietnam Service Medal and adding the:

* Army Commendation Medal
* Meritorious Unit Commendation
* Vietnam Service Medal with two bronze service stars
* Republic of Vietnam Gallantry Cross with Palm Unit citation

	b.  providing the applicant a document to reflect the above changes.

      
      
      
      __________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)                                         AR20120007606



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ABCMR Record of Proceedings (cont)                                         AR20120007606



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