IN THE CASE OF:	  

		BOARD DATE:	  11 June 2013

		DOCKET NUMBER:  AR20120020130 


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 additional awards and decorations.

2.  The applicant states:

* he believes he is entitled to more medals than are listed on his DD Form 214
* he was evacuated out to Letterman Hospital and released early

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 enlisted in the Regular Army on 9 July 1969 for a period of 
3 years.  He arrived in Vietnam on 17 December 1969.

3.  His record contains a DA Form 20 (Enlisted Qualification Record) that shows in:

	a.  item 29 (Qualification in Arms) he qualified sharpshooter with the M-14 rifle and the M-16 automatic rifle, and

	b.  item 38 (Record of Assignments) he served as a helicopter repairman in Vietnam while assigned to:

* Troop D, 2nd Squadron, 1st Cavalry from 27 December 1969 through
4 March 1970
* Headquarters and Headquarters Battery (HHB), 5th Battalion,
22nd Artillery from 5 March 1970 through 12 March 1970
* HHB, 5th Battalion, 27th Artillery from 13 March 1970 through 18 July 1971
* HHB, 6th Battalion, 32nd Artillery from 19 July 1971 through
14 October 1971
* HHB, 4th Battalion, 60th Artillery from 15 October 1971 to
20 December 1971

4.  On 8 January 1972, he was honorably released from active duty and he was transferred to the U.S. Army Control Group (Reinforcement) to complete his remaining service obligation.  He completed 2 years and 6 months of total active service.

5.  The DD Form 214 he was issued at the time shows he was awarded or authorized the:

* National Defense Service Medal
* Vietnam Service Medal with two bronze service stars
* Republic of Vietnam Campaign Medal with Device (1960)
* Bronze Star Medal
* Air Medal
* Army Commendation Medal
* Army Good Conduct Medal

6.  Army Regulation 600-8-22, 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.  A silver service star will be worn in lieu of five bronze service stars.  Appendix B shows that during his service in Vietnam, the applicant participated in the following five campaigns:

* Vietnam Winter - Spring 1970 (1 November 1969 - 30 April 1970)
* Sanctuary Counteroffensive (1 May - 30 June 1970)
* Vietnam Counteroffensive Phase VII (1 July 1970 - 30 June 1971)
* Consolidation I (1 July - 30 November 1971)
* Consolidation II (1 December 1971 - 29 March 1972)

7.  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:

	a.  2nd Squadron, 1st Cavalry, was cited for award of the:

* Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 29 July 1969 through 17 November 1970 by Department of the Army General Order (DAGO) Number 52, dated 1971
* Republic of Vietnam Gallantry Cross with Silver Star for the period
1 June 1969 to 30 August 1970 by DAGO 24, dated 1972

	b.  5th Battalion, 22nd Artillery was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 1 August 1965 to 16 April 1971 by DAGO 54, dated 1974.

	c.  5th Battalion, 27th Artillery was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 1 August 1965 to 16 April 1971 by DAGO 54, dated 1974.

8.  Paragraph 6 (Miscellaneous Information) of the same pamphlet states that not more than one award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation may be worn by any individual.  Although wear of multiple awards of this unit citation badge is not authorized, official military personnel and historical records will show all awards received.

9.  Army Regulation 600-8-22 (Military Awards) sets forth requirements for award of basic marksmanship qualification badges.  The qualification badge is awarded to indicate the degree – Expert, Sharpshooter, and Marksman -- in which an individual has qualified in a prescribed record course.  An appropriate bar is furnished to denote each weapon with which the individual has qualified.


DISCUSSION AND CONCLUSIONS:

1.  The applicant participated in five campaigns during his service in Vietnam that entitles him to one silver service star for wear on his already-awarded Vietnam Service Medal.  Therefore, his DD Form 214 should be corrected to show this silver service star.

2.  His units in Vietnam were cited for three awards of the Republic of Vietnam Gallantry Cross with Palm Unit Citation during his period of assignment.  Although he is entitled to wear only one of these awards his DD Form 214 should be corrected to show these unit awards.

3.  One of his units was also cited for award of the Republic of Vietnam Gallantry Cross with Silver Star.  Therefore, his DD Form 214 should be corrected to show this unit award.

4.  The applicant qualified sharpshooter with the M-14 rifle and the M-16 automatic rifle.  Therefore, his DD Form 214 should be corrected to show the appropriate marksmanship 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:

	a.  deleting from his DD Form 214 the Vietnam Service Medal with two bronze service stars, and


	b.  adding to his DD Form 214 the:

* Vietnam Service Medal with one silver service star
* Republic of Vietnam Gallantry Cross with Silver Star
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
(3rd Award)
* Sharpshooter Marksmanship Qualification Badge with Automatic Rifle Bar (M-16)
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)



      ___________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)                                         AR20120020130



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ABCMR Record of Proceedings (cont)                                         AR20120020130



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