BOARD DATE:  8 November 2012

		DOCKET NUMBER:  AR20120008802


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 any missing medals and awards he may be entitled to for his service in the Republic of Vietnam.

2.  The applicant states he is entitled to the Vietnam Gallantry Cross (officially known as the Republic of Vietnam Gallantry Cross with Palm Unit Citation) and bronze service stars for his Vietnam Service Medal.  He further states there may be additional unit awards to which he’s entitled.

3.  The applicant provides 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.  On 2 January 1968, the applicant was inducted into the Army of the United States.  On 4 January 1968, he was discharged for the purpose of immediate enlistment in the Regular Army.

3.  On 5 January 1968, he enlisted in the Regular Army.  He entered active duty, completed his initial entry training, and was awarded military occupational specialty 63H (Engineer and Powertrain Repairman).  

4.  Special Orders Number 41, issued by Headquarters, 1st Support Brigade, U.S. Army Europe (USAEUR), dated 10 February 1969, awarded him the Expert Marksmanship Qualification Badge with Rifle Bar (M-14), effective 10 February 1969.

5.  Item 31 (Foreign Service) of his DA Form 20 (Enlisted Qualification Record) shows he served in the Republic of Vietnam from on or about 19 March 1970 to on or about 26 December 1970.  Item 38 (Record of Assignment) of his DA Form 20 shows that during this period of service he was assigned to the 604th Composite Service (CS) Maintenance Company (Equipment), U.S. Army Vietnam.

6.  On 27 December 1970, he was honorably released from active duty and transferred to the U.S. Army Reserve.  The DD Form 214 he was issued shows he was credited with the completion of 2 years, 11 months, and 23 days of net service during this period of active duty, including 2 years, 3 months, and          29 days of foreign service in the USAEUR and U.S. Army Pacific (USARPAC) theaters of operation.  The highest rank/grade he attained while serving on active duty was specialist four (SP4)/E-4.  Additionally, his DD Form 214 shows he was awarded the National Defense Service Medal, the Vietnam Service Medal, the Republic of Vietnam Campaign Medal with Device (1960) (shown as the Vietnam Campaign Medal), and the Army Good Conduct Medal.

7.  Army Regulation 600-8-22 (Military Awards) states, in pertinent part, that a bronze service star is authorized with the Vietnam Service Medal for each Vietnam campaign a member is credited with participating in.  Appendix B shows that during his service in Vietnam, campaign participation credit was awarded for the following 3 campaigns:

* Vietnam Winter – Spring 1970 (1 November 1969 – 30 April 1970)
* Sanctuary Counteroffensive (1 May 1970 – 30 June 1970)
* Vietnam Counteroffensive Phase VII (1 July 1970 – 30 June 1971)


8.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in the Republic of Vietnam.  This pamphlet shows the 604th CS Maintenance Company, U.S. Army Vietnam, the unit to which the applicant was assigned in the Republic of Vietnam, was cited for the following awards during the period in which the applicant was assigned:

* Meritorious Unit Commendation, for service during the period 11 July 1969 through 31 December 1970, by Department of the Army General Orders (DAGO) Number 43, dated 1972
* Republic of Vietnam Gallantry Cross with Palm Unit Citation, for the period 20 July 1965 through 28 March 1973, by DAGO Number 8, dated 1974

DISCUSSION AND CONCLUSIONS:

1.  Special orders awarded him the Expert Marksmanship Qualification Badge with Rifle Bar (M-14), which is not shown on his DD Form 214; therefore, he is entitled to correction of his DD Form 214 to show this individual award.

2.  He participated in 3 campaigns during his service in the Republic of Vietnam; therefore, he is entitled to correction of his DD Form 214 to show 3 bronze service stars to be affixed to his previously-awarded Vietnam Service Medal.

3.  General orders awarded his unit of assignment in the Republic of Vietnam the Meritorious Unit Commendation and the Republic of Vietnam Gallantry Cross with Palm Unit Citation, during the periods in which he was assigned.  These unit awards are not shown on his DD Form 214; therefore, he is entitled to correction of his DD Form 214 to show them.

BOARD VOTE:

__x___  ___x_____  ____x  ___  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION





BOARD DETERMINATION/RECOMMENDATION:

The Board determined the evidence presented is 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 to delete the Vietnam Service Medal and add the:

* Expert Marksmanship Qualification Badge with Rifle Bar (M-14)
* Vietnam Service Medal with three bronze service stars
* Meritorious Unit Commendation
* 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)                                         AR20120008802



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


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