IN THE CASE OF:	  

		BOARD DATE:	 8 November 2012

		DOCKET NUMBER:  AR20120007986 


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, correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show award of the Vietnam Campaign Medal (Republic of Vietnam Campaign Medal with Device (1960)).

2.  The applicant states:

* his DD Form 214 shows award of the Vietnam Service Medal twice
* he is applying for Department of Veterans Affairs (VA) benefits 

3.  The applicant provides a copy of his DD Form 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 was inducted in the Army of the United States on 20 March 1967.  He completed training and was awarded military occupational specialty 74D (Machine Accountability Specialist).  The highest rank/grade he attained while on active duty was specialist four/E-4.  

3.  The applicant's DA Form 20 (Enlisted Qualification Record) shows the following:

* he was assigned in Vietnam for the period 9 July 1968 through 21 January 1969
* he was assigned to the following units while in the Republic of Vietnam:

	*	Headquarters and Headquarters Detachment, 43d Signal Battalion 
		(Support), 12 July 1968 to 31 July 1968
	*	Headquarters and Headquarters Company,	1st Signal Brigade, 
		1 August 1968 to 22 October 1968
	*	U.S. Army Strategic Communications Command, Communications 
		System Engineering and Management Agency, 23 October 1968 to 
		21 January 1969

* he was awarded the following:

*	National Defense Service Medal
*	Vietnam Service Medal
*	Republic of Vietnam Campaign Medal with Device (1960)
*	Army Good Conduct Medal (1st Award)
*	Sharpshooter Marksmanship Qualification Badge with Rifle Bar

4.  A review of the applicant's records shows he is entitled to an additional award and decorations.

5.  Special Orders Number 118, Headquarters, U.S. Army Training Center, Fort Bragg, North Carolina, dated 28 April 1967, awarded the applicant the Sharpshooter Marksmanship Qualification Badge with Rifle Bar and confirms his DA Form 20.

6.  General Orders Number 108, Headquarters, 1st Signal Brigade, APO San Francisco, dated 25 July 1969, awarded the applicant the Army Commendation Medal. 

7.  Department of the Army General Orders (DAGO) 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.

8.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows awards received by units serving in the Republic of Vietnam.  Headquarters and Headquarters Company, 1st Signal Brigade was cited award of the Meritorious Unit Commendation by Department of the Army General Orders (DAGO) 48, dated 1971.

9.  The applicant was honorably released from active duty on 22 January 1969 and transferred to the U.S. Army Reserve Control Group for annual training.  He completed 1 year, 10 months, and 3 days of active military service.

10.  Army Regulation 600-8-22 (Military Awards) states a bronze service star is worn on the appropriate service ribbon, to include the Vietnam Service Medal, for each credited campaign.  The Vietnam campaigns are listed in appendix B.  His record shows his service in Vietnam coincided with two campaigns:

* Vietnam Counteroffensive Phase V (1 July 1968-1 November 1968)
* Vietnam Counteroffensive Phase VI (2 November 1968-22 February 1969)

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request for correction of his DD Form 214 to show award of the Republic of Vietnam Campaign Medal with Device (1960) was carefully considered.

2.  The applicant's DD Form 214 shows he was awarded the Vietnam Service Medal on two occasions; however, his records show he served one tour in the Republic of Vietnam.  Therefore, he is entitled to correction of his DD Form 214 to show one award of the Vietnam Service Medal.

3.  The evidence shows he participated in two campaign phases during his service in the Republic of Vietnam.  Therefore, he is entitled to 2 bronze services star for wear on his previously-awarded Vietnam Service Medal and correction of his DD Form 214 to show these bronze service stars.

4.  General orders awarded the applicant the Republic of Vietnam Campaign Medal with Device (1960); therefore, he is entitled to correction of his DD Form 214 to show this award.

5.  General orders 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.  Therefore, the applicant is entitled to correction of his DD Form 214 to show this award.

6.  General orders awarded the applicant the Army Commendation Medal.  Therefore, he is entitled to correction of his DD Form 214 to show this decoration.

7.  General orders awarded the unit to which he was assigned, Headquarters and Headquarters Company, 1st Signal Brigade, the Meritorious Unit Citation.  Therefore, he is entitled to correction of his DD Form 214 to show this unit award.

8.  Special orders awarded the applicant the Sharpshooter Marksmanship Qualification Badge with Rifle Bar; therefore, he is entitled to correction of his DD Form 214 to show 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:

   a.  Removing one award of the Vietnam Service Medal

   b.  Adding the following to his DD Form 214:
   
* 2 bronze service stars to his previously awarded Vietnam Service Medal
* Army Commendation Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Meritorious Unit Citation
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar 




      _______ _   __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)                                         AR20120007986



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ABCMR Record of Proceedings (cont)                                         AR20120007986



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