IN THE CASE OF:	  

		BOARD DATE:	  11 June 2013

		DOCKET NUMBER:  AR20120021603 


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 award of the:

* Army Commendation Medal
* Vietnam Service Medal with four bronze service stars
* Republic of Vietnam (RVN) Gallantry Cross with Palm Unit Citation

2.  The applicant states that recordkeeping in the RVN was deficient.

3.  The applicant provides:

* DD Form 214
* General Orders Number 350, issued by Headquarters, I Field Force Vietnam Artillery, dated 26 March 1970
* Handwritten list of four campaign phases

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 20 August 1968.  He completed training and he was awarded military occupational specialty (MOS) 13B (Field Artillery Basic).

3.  Special Orders Number 193, issued by Headquarters, 1st Basic Combat Training Brigade, Fort Ord, CA, dated 30 September 1968, awarded him the Sharpshooter Marksmanship Qualification Badge with Rifle (M-14) Bar.

4.  Special Orders Number 299, issued by Headquarters, U.S. Army Training Center, Field Artillery, Fort Sill, OK, dated 13 December 1968, awarded him the Sharpshooter Marksmanship Qualification Badge with Rifle (M-16) Bar.

5.  On 19 December 1968, the applicant departed Fort Sill for duty in the RVN.  He arrived in the RVN on 15 January 1969.

	a.  On 21 January 1969, he was assigned to Battery B, 2nd Battalion,
17th Artillery Regiment for duty as a cannoneer and assistant gunner.

	b.  On 2 March 1970, he departed the RVN en route to the United States for duty at Fort Sill.

6.  General Orders Number 350, dated 26 March 1970, awarded him the Army Commendation Medal for meritorious service in the RVN during the period
26 January 1969 to 24 March 1970.

7.  On 19 August 1970, the applicant was honorably released from active duty at the expiration of his term of service.  He attained the rank/grade of sergeant (SGT)/E-5.  He completed 2 years of total active service.

8.  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 bronze service star


* RVN Campaign Medal with Device (1960)
* 2 overseas service bars
* Army Good Conduct Medal
* Sharpshooter Marksmanship Qualification Badge

9.  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 four campaigns:

* Vietnam Counteroffensive Phase VI (2 November 1968 - 22 February 1969)
* Tet 69 Counteroffensive, 1969 (23 February - 8 June 1969)
* Vietnam Summer - Fall 1969 (9 June - 31 October 1969)
* Vietnam Winter - Spring 1970 (1 November 1969 - 30 April 1970)

10.  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, 17th Artillery, was cited for award of the RVN Gallantry Cross with Palm Unit Citation for the period 1 August 1965 through 16 April 1971 by Department of the Army General Order Number 54, dated in 1974.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends his DD Form 214 should be corrected to show award of the:

* Army Commendation Medal
* Vietnam Service Medal with four bronze service stars
* Republic of Vietnam (RVN) Gallantry Cross with Palm Unit Citation

2.  The available evidence clearly shows the applicant served in the RVN during four campaign periods and he was awarded the Army Commendation Medal for his meritorious service.  Therefore, his DD Form 214 should be corrected to show these awards.

3.  The applicant's unit was cited for award of the RVN 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 him the Sharpshooter Marksmanship Qualification Badge with Rifle (M-14) and with Automatic Rifle (M-16) Bars.  Therefore, his
DD Form 214 should be corrected to show these 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, and

	b.  adding to his DD Form 214 the:

* Army Commendation Medal
* Vietnam Service Medal with four bronze service stars
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Sharpshooter Marksmanship Qualification Badge with Automatic Rifle (M-16) Bar
* 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)                                         AR20120021603



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ABCMR Record of Proceedings (cont)                                         AR20120021603



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