IN THE CASE OF:	  

		BOARD DATE:  11 June 2013

		DOCKET NUMBER:  AR20120021319 


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 military service records to show award of the Vietnam Service Medal and the Republic of Vietnam (RVN) Campaign Medal with Device (1960).   

2.  The applicant states the awards verify he served in the RVN.  He indicates he served with 3rd Battalion, 60th Infantry. 

3.  The applicant provides no additional documentation in support of this case.

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 26 May 1967.  He completed training and was awarded military occupational specialty
94B (Cook).

3.  Special Orders Number 194, dated 13 July 1967, issued by Headquarters,
U. S. Army Training Center and Fort Leonard Wood, MO, show that he was awarded the Marksman Marksmanship Qualification Badge with Rifle Bar (M-14).

4.  The applicant arrived in the RVN and was assigned to Headquarters and Headquarters Company, 3rd Battalion, 60th Infantry, 9th Infantry Division, on 
9 January 1968.

5.  On 1 January 1969, the applicant departed the RVN.  On 4 January 1969, he was honorably released from active duty.

6.  The applicant's DD Form 214 shows he was awarded the National Defense Service Medal.

7.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in Vietnam.  This document shows that, at the time of the applicant’s assignment to the 3rd Battalion, 60th Infantry, it was cited for award of the:

* Presidential Unit Citation during the period 29 January 1968 to 4 March 1968 by Department of the Army General Orders (DAGO) 45, dated 1969
* RVN Gallantry Cross with Palm Unit Citation during the period 
1 December 1966 to 30 June 1968, by DAGO 31, dated 1969 
* RVN Civil Actions Honor Medal First Class Unit Citation during the period 
19 December 1966 to 28 June 1969, by DAGO 59, dated 1969

8.  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.

9.  Army Regulation 600-8-22, paragraph 2-13, contains the regulatory guidance on the Vietnam Service Medal.  It states, in pertinent part, that a bronze service star is authorized with this award for each Vietnam campaign a member is credited with participating in.  A silver service star is 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 Counteroffensive Phase III (1 June 1967 - 29 January 1968)  
* Tet Counteroffensive (30 January 1968 - 1 April 1968)
* Vietnam Counteroffensive Phase IV (2 April 1968 - 30 June 1968) 
* Vietnam Counteroffensive Phase V (1 July 1968 - 1 November 1968)
* Vietnam Counteroffensive Phase VI (2 November 1968 - 22 February 1969)

10.  Army Regulation 600-8-22 states the RVN Campaign Medal with Device (1960) 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.  

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant served in the RVN with Headquarters and Headquarters Company, 3rd Battalion, 60th Infantry, 9th Infantry Division, from 9 January 1968 to 1 January 1969.  He is entitled to award of the Presidential Unit Citation, Vietnam Service Medal, RVN Campaign Medal with Device (1960), RVN Civil Actions First Class Honor Medal Unit Citation, and RVN Gallantry Cross with Palm Unit Citation.  His DD Form 214 should be amended to add these awards.

2.  The applicant's participation in five campaigns entitles him to one silver service star for wear on his Vietnam Service Medal. 

3.  Special Orders Number 194, dated 13 July 1967, show that he was awarded the Marksman Marksmanship Qualification Badge with Rifle Bar (M-14).  His 
DD Form 214 should be amended to show this award.

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 add:

* Presidential Unit Citation
* Vietnam Service Medal with one silver service star 
* RVN Campaign Medal with Device (1960)
* RVN Civil Actions Honor Medal First Class Unit Citation
* RVN Gallantry Cross with Palm Unit Citation
* Marksman 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)                                         AR20120021319





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ABCMR Record of Proceedings (cont)                                         AR20120021319



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