IN THE CASE OF:	  

		BOARD DATE:	  23 May 2013

		DOCKET NUMBER:  AR20120018971 


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 add the Valorous Unit Award, two overseas service bars, and any other awards to which he may be entitled. 

2.  The applicant states these awards were not listed on his DD Form 214.

3.  The applicant provides pages 3-4 of his DA Form 20 (Enlisted Qualification Record) and 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 into the Army of the United States on 5 November 1969 and held military occupational specialty 76Y (Unit Supply Specialist).  The highest rank/grade he attained was specialist four (SP4)/E-4.

3.  Special Orders (SO) Number 8, issued by Headquarters, U.S. Army Training Center, Fort Campbell, KY, dated 9 January 1970, awarded him the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14).

4.  SO Number 92, issued by Headquarters, Special Troops, U.S. Army Training Center, Infantry, Fort Polk, LA, dated 12 May 1970, awarded him the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16).

5.  His DA Form 20 shows he was assigned to Vietnam from 4 June 1970 to 
8 June 1971 and served with Company B, 31st Engineer Battalion from 18 June 1970 to 7 June 1971.  It also shows he was awarded or authorized the:

* National Defense Service Medal
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* Two overseas service bars
* Army Good Conduct Medal (1st Award)
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16)

6.  He was honorably released from active duty on 9 June 1971.  His DD Form 214 shows he completed 1 year, 7 months, and 5 days of net active service, of which 1 year and 6 days was credited as foreign service.  Additionally, it shows he was awarded or authorized the:

* National Defense Service Medal
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* Army Good Conduct Medal (1st Award)

7.  Army Regulation 600-8-22 (Military Awards), paragraph 2-13, contains the regulatory guidance on the Vietnam Service Medal.  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 following two campaigns:

* DA Sanctuary Counter offensive (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 Vietnam.  This pamphlet shows the 31st Engineer Battalion was cited for award of the Valorous Unit Award for the period 1 May1970 through 29 June 1970 by Department of the Army General Orders (DAGO) Number 43, dated 1972.

9.  Paragraph 6d of this pamphlet states DAGO Number 8, dated 1974, announced award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to Headquarters, U.S. Army Vietnam, and its subordinate units, during the period 20 July 1965 to 28 March 1973.

10.  Army Regulation 670-1 (Uniforms and Insignia) governs the requirements for the overseas service bar.  It states a bar is authorized for wear for each period of active Federal service as a member of the U.S. Army outside of the continental limits of the United States for the specific time frames and areas of operation cited in Army Regulation 670-1 or appropriate Department of the Army message.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant participated in two campaigns during his assignment to Vietnam that entitles him to two bronze service stars for wear on his already-awarded Vietnam Service Medal.  Therefore, he is entitled to correction of his DD Form 214 to show these bronze service stars.

2.  General orders awarded the applicant's unit in Vietnam the Valorous Unit Award during his period of assignment.  Therefore, he is entitled to correction of his DD Form 214 to show this unit award.

3.  All units in Vietnam were cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation during his period of assignment.  Therefore, his   DD Form 214 should be corrected to show this unit award.

4.  Special orders awarded the applicant the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14) and the Sharpshooter Marksmanship Qualification Badge with Automatic Rifle Bar (M-16).  Therefore, his DD Form 214 should be corrected to show these marksmanship badges.

5.  Overseas service bars are not entered on the DD Form 214 because they are an item of uniform wear, not an award or decoration.  Therefore, there is no basis for adding his two overseas service bars to his DD Form 214.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____x___  ____x___  ____x ___  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

* deleting from his DD Form 214 the Vietnam Service Medal
* adding to his DD form 214:

* Vietnam Service Medal with two bronze service stars
* Valorous Unit Award 
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14) 
* Sharpshooter Marksmanship Qualification Badge with Automatic Rifle Bar (M-16)

2.  The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to adding two overseas service bars to his DD Form 214.


      _______ _   _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)                                         AR20120018971



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ABCMR Record of Proceedings (cont)                                         AR20120018971



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