BOARD DATE:	  29 January 2013

		DOCKET NUMBER:  AR20120011757 


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 (Report of Separation from Active Duty) to reflect all awards and decorations associated with his service in Vietnam.

2.  The applicant states his DD Form 214 is incomplete.

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.  The applicant's records show he enlisted in the Regular Army on 28 January 1970.  He completed training and he was awarded military occupational specialty (MOS) 76Y (Unit Supply Specialist).  
3.  Headquarters, U.S. Army Training Center, Fort Dix, NJ, issued Special Orders (SO) Number 89, on 30 March 1970, awarding him the:

* First Class Marksmanship Qualification Badge with Grenade Bar
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16)

4.  Headquarters, U.S. Army Quartermaster School Brigade, Fort Lee, VA, issued the following SO:

* SO Number 84, on 27 April 1970, awarding him the Expert Marksmanship Qualification Badge with Rifle Bar (M-14)
* SO Number 119, on 11 June 1970, awarding him the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16)

5.  Subsequent to MOS training, he served in Vietnam from 10 July 1970 to 6 July 1971.  He was assigned to:

* Headquarters and Headquarters Battery, 23rd Artillery Group, from 15 July to 16 August 1970
* Headquarters and Headquarters Battery and then A Company, 2nd Battalion, 35th Artillery, from 16 July 1970 to 1 February 1971
* Service Battery and then A Battery, 7th Battalion, 8th Artillery, from 1 February to 6 July 1971

6.  After return to continental United States and a subsequent period of absence without leave, he was discharged with an under other than honorable conditions discharge.  His DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) does not show any awards.

7.  The Army Discharge Review Board reviewed his discharge and upgraded it to under honorable conditions, general.  He was reissued a DD Form 214 that also did not list any awards or badges 

8.  Army Regulation 600-8-22 (Military Awards) provides Department of the Army policy, criteria, and administrative instructions concerning individual military decorations, Army Good Conduct Medal, service medals and ribbons, combat and special skill badges and tabs, unit decorations, and similar devices awarded in recognition of accomplishments.  It states:

	a.  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.  It states a bronze service star is authorized with this award for each Vietnam campaign a member is credited with participating in.
Appendix B shows that during his service in Vietnam, the applicant participated in the Vietnam Counteroffensive Phase VII (1 July 1970 - 30 June 1971) and Consolidation I (1 July - 30 November 1971) campaigns.

	b.  The Republic of Vietnam Campaign Medal with Device (1960) - also known as the Vietnam Service Medal, was awarded by the Government of Vietnam to all members of the Armed Forces of the United States for qualifying service in Vietnam during the period 1 March 1961 through 28 March 1973.  Qualifying service included assignment in Vietnam for 6 months or more.

	c.  The National Defense Service Medal is awarded for honorable active service for any period between 27 July 1950 and 27 July 1954, 1 January 1961 and 14 August 1974, 2 August 1990 and 30 November 1995, and 11 September 2001, and a date to be determined.

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:

	a.  Headquarters and Headquarters Battery, 23rd Artillery Group, was awarded the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 22 March 1966 to 15 January 1971 by Department of the Army General Orders (DAGO) Number  51, dated 1971.

	b.  The 2nd Battalion, 35th Artillery was awarded the:

* Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 15 January 1971 to 30 August 1971 by DAGO Number 54, dated 1974
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 23 June 1966 to 15 January 1971 by DAGO Number 51, dated 1971

	c.  The 7th Battalion, 8th Artillery was awarded the:

* Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 15 January 1971 to 30 August 1971 by DAGO Number 54, dated 1974
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 2 May 1966 to 15 January 1971 by DAGO Number 51, dated 1971
10.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) states not more than one Republic of Vietnam Gallantry Cross Unit Citation and/or Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation will be worn by any individual.  Although multiple awards of this unit citation are not authorized for wear, official military and historical records will indicate all awards received.  However, in the case of duplicate awards covering the same period of time only one award will be recorded in official military and historical records.

DISCUSSION AND CONCLUSIONS:

1.  The applicant completed 12 months of service in Vietnam which entitles him to the Republic of Vietnam Campaign Medal with Device (1960) and the Vietnam Service Medal.  Additionally, he participated in two campaigns during this period of service.  As such, he is entitled to two bronze service stars for wear on the Vietnam Service Medal.  Therefore, his DD Form 214 should be corrected to show these awards.

2.  He served a qualifying period of service for award of the National Defense Service Medal.  Therefore, his DD Form 214 should be corrected to show this award.

3.  The applicant's unit was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation during his period of assignment in Vietnam.  Therefore, his DD Form 214 should be corrected to show these unit awards.

4.  SO awarded him the First Class Marksmanship Qualification Badge with Grenade Bar, Expert Marksmanship Qualification Badge with Rifle Bar (M-14), and Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16).  Therefore, his DD Form 214 should be corrected to show these badges.

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 to his DD Form 214 the:

* Republic of Vietnam Campaign Medal with Device (1960)
* Vietnam Service Medal with two bronze service stars
* National Defense Service Medal
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation
* First Class Marksmanship Qualification Badge with Grenade Bar
* Expert Marksmanship Qualification Badge with Rifle Bar (M-14)
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16)



      _______ _   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)                                         AR20120011757





3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20120011757



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1