IN THE CASE OF:	  

		BOARD DATE:	  30 July 2013

		DOCKET NUMBER:  AR20120022843 


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 all awards to which he may be entitled for his service in Vietnam be added to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge). 

2.  The applicant states the medals he earned for his Vietnam service were not put on his DD Form 214.

3.  The applicant provides a DA Form 1577 (Authorization for Issuance of Awards).

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 25 June 1969.  

3.  Item 31 (Foreign Service) of his DA Form 20 (Enlisted Qualification Record) shows he arrived in Vietnam on 13 December 1969.  His DA Form 20 also shows he served as a light vehicle driver and heavy truck driver in Vietnam when assigned to:

* 3rd Battalion, 6th Artillery from 24 December 1969 to 15 March 1970
* Battery A, 5th Battalion, 22nd Artillery from 17 March to 6 November 1970
* Service Battery, 5th Battalion, 27th Artillery from 23 November to 
23 December 1970  

4.  On 28 December 1970, he was honorably released from active duty and transferred to the U.S. Army Reserve Control Group (Annual Training) to complete his remaining service obligation. 

5.  His DD Form 214 shows the National Defense Service Medal as an authorized award.

6.  His DD Form 214 shows in:

* item 22c (Foreign and/or Sea Service) the entry "USARPAC (U.S. Army Pacific) NVAL" (Not Available)
* item 30 (Remarks) the entry "VN (Vietnam) SERVICE:  NVAL"

7.  Records show he participated in three campaigns during his assignment in Vietnam.

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 3rd Battalion, 6th Artillery, was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for actions during the period 1 August 1965 to 17 April 1971 in Department of the Army General Orders (DAGO) 54, dated 1974.

9.  Department of the Army Pamphlet 672-3 shows the 5th Battalion, 
22nd Artillery, was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for actions during the period 1 August 1965 to 16 April 1971 in DAGO 54, dated 1974.



10.  Department of the Army Pamphlet 672-3 shows the 5th Battalion, 
27th Artillery, was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for actions during the period 1 August 1965 to 16 April 1971 in DAGO 54, dated 1974.

11.  Department of the Army Pamphlet 672-3, paragraph 6 (Miscellaneous Information), 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.
unit awards

12.  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.  The regulation states a bronze service star is worn on the appropriate service ribbon for each credited campaign, to include the Vietnam Service Medal.

13.  Army Regulation 600-8-22 states the Republic of Vietnam 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.  Based on the applicant's service in Vietnam and participation in three campaigns, he is authorized the Vietnam Service Medal with three bronze service stars and the Republic of Vietnam Campaign Medal with Device (1960).  Therefore, his DD Form 214 should be corrected to show these awards.

2.  His units in Vietnam (3rd Battalion, 6th Artillery; 5th Battalion, 22nd Artillery; and 5th Battalion, 27th Artillery) were each cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation while he was assigned to the units.  Although he is entitled to wear only one of these awards his DD Form 214 should be corrected to show three unit awards.

3.  As related issues, the entries on his DA Form 20 which show he served in Vietnam from 13 December 1969 to 23 December 1970 (a total of 1 year and 
11 days) are accepted as sufficient evidence on which to amend items 22c and 30 of his DD Form 214.
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.  adding the Vietnam Service Medal with three bronze service stars, Republic of Vietnam Campaign Medal with Device (1960), and Republic of Vietnam Gallantry Cross with Palm Unit Citation (3rd Award) to his DD Form 214; 

	b.  deleting the entry "NVAL" in item 22c of his DD Form 214 and replacing it with the entry "1  0  11"; and

	c.  deleting the entry "VN SERVICE: NVAL" from item 30 of his DD Form 214 and replacing it with the entry "Vietnam Service:  13 December 1969 to 
23 December 1970."



      _______ _   _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)                                         AR20120022843



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ABCMR Record of Proceedings (cont)                                         AR20120022843



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