IN THE CASE OF:	  

		BOARD DATE:  24 January 2013

		DOCKET NUMBER:  AR20120011270 


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 the Vietnam Service Medal be added to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for the period ending 25 April 1968.

2.  The applicant states:

* he was in Vietnam from 1 January 1968 to February 1968
* his DD Form 214 only shows the National Defense Service Medal, Vietnam Campaign Medal, and Marksman Marksmanship Qualification Badge with Rifle Bar (M-14)

3.  The applicant provides his DD Form 214 for the period ending 25 April 1968.

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 complete military records covering the period 30 December 1966 to 25 April 1968 are not available for review.  However, this case is being considered using his DD Forms 214 for the periods ending 25 October 1967 and 25 April 1968.

3.  His DD Form 214 for the period ending 25 October 1967 shows he enlisted in the Regular Army on 30 December 1966 for a period of 3 years.  He was awarded military occupational specialty 44C (Welder).  On 25 October 1967, he was honorably discharged for immediate reenlistment.  His DD Form 214 for the period ending 25 April 1968 shows he reenlisted on 26 October 1967 for a period of 3 years.  On 25 April 1968, he was honorably released from active duty and transferred to the U.S. Army Reserve Control Group (Annual Training) to complete his remaining service obligation.   

4.  Item 12 (Last Duty Assignment and Major Command) of his DD Form 214 for the period ending 25 April 1968 shows Headquarters and Headquarters Company (HHC), 2nd Battalion, 47th Infantry, 9th Infantry Division, U.S. Army Pacific (USARPAC).  

5.  Item 22c (Foreign and/or Sea Service) of this DD Form 214 shows he served 5 months and 4 days in USARPAC.  

6.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of this DD Form 214 shows he received the National Defense Service Medal, Vietnam Campaign Medal (correctly known as the Republic of Vietnam Campaign Medal with Device (1960)), and Marksman Marksmanship Qualification Badge with Rifle Bar (M-14).

7.  His inclusive dates of service in Vietnam are not available.  However, it appears he served in Vietnam from approximately 21 November 1967 to 25 April 1968.

8.  It appears he participated in three campaigns during his assignment in Vietnam.  

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 2nd Battalion, 47th Infantry was cited for award of the:

* Valorous Unit Award for actions on 31 January 1968 by Department of the Army General Orders (DAGO) 5, dated 1969
* Valorous Unit Award for actions during the period 6-12 May 1968 by DAGO 43, dated 1970
* Republic of Vietnam Gallantry Cross with Palm Unit Citation by DAGO 31, dated 1969
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation by DAGO 59, dated 1969

10.  Army Regulation 600-8-22 (Military Awards) states the Vietnam Service Medal is awarded to all members of the Armed Forces of the United States for qualifying service in Vietnam after 3 July 1965 through 28 March 1973.  Qualifying service included attachment to or assignment for 1 or more days with an organization participating in or directly supporting military operations.  This same regulation states a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each credited campaign.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends he served in Vietnam from 1 January 1968 to February 1968.  However, his inclusive dates of service in Vietnam are not available.  

2.  His DD Form 214 for the period ending 25 April 1968 shows his last duty assignment and major command was HHC, 2nd Battalion, 47th Infantry in USARPAC and he served 5 months and 4 days in USARPAC.  Therefore, it appears he served in Vietnam from approximately 21 November 1967 to 25 April 1968.  Based on his service in Vietnam and participation in three campaigns, he is eligible for the Vietnam Service Medal with three bronze service stars.

3.  His unit in Vietnam was cited for the Republic of Vietnam Gallantry Cross with Palm Unit Citation, Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, and two awards of the Valorous Unit Award during his period of assignment.  His DD Form 214 should be corrected to show these unit awards.









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 adding the Vietnam Service Medal with three bronze service stars, Republic of Vietnam Gallantry Cross with Palm Unit Citation, Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, and two awards of the Valorous Unit Award to his DD Form 214 for the period ending 25 April 1968.




      _______ _  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)                                         AR20120011270





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ABCMR Record of Proceedings (cont)                                         AR20120011270



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