IN THE CASE OF:	  

		BOARD DATE:	   5 September 2013

		DOCKET NUMBER:  AR20130001364 


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) for the period ending 28 August 1971 (hereafter referred to as his DD Form 214) to show the Republic of Vietnam Campaign Medal with Device (1960).

2.  The applicant states this medal was not added to his records due to an oversight.

3.  The applicant provides:

* DD Form 214
* Special Orders Number 309 Extract
* General Orders Number 2974
* Special Orders Number 151 Extract
* Special Orders Number 155 Extract

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.  On 3 December 1968, he was inducted into the Army of the United States.  He was awarded the military occupational specialty of 11B (Light Weapons Infantryman).

3.  On 5 November 1969, he was appointed as a Reserve commissioned officer in the rank of second lieutenant.  He was awarded specialty 1542 (Infantry Unit Commander).

4.  His record contains a DA Form 66 (Officer Qualification Record) that shows in:

* item 17 (Foreign Service) he was credited with service in Vietnam from 20 October 1970 to 23 August 1971
* item 18 (Record of Assignments) he was assigned to Advisory Team 91, U.S. Military Assistance Command Vietnam (MACV), from 10 November 1970 through 23 August 1971
* item 23 (Qualification in Arms) he qualified as a Sharpshooter with the 
M-16 rifle

5.  On 28 August 1971, he was honorably released from active duty.  His DD Form 214 shows he was authorized or awarded the:

* Bronze Star Medal
* National Defense Service Medal
* Vietnam Service Medal (VSM)
* Combat Infantryman Badge
* One Overseas Service Bar

6.  Army Regulation 600-8-22 (Military Awards) provides Department of the Army policy, criteria, and administrative instructions concerning individual military decorations, service medals and ribbons, unit decorations, and similar devices awarded in recognition of accomplishments.  

	a.  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.
	b.  The regulation states a bronze service star is authorized for wear with the VSM 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:

* Vietnam Counteroffensive Phase VII (1 July 1970-30 June 1971) 
* Consolidation I (1 July-30 November 1971)

	c.  The regulation 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.  

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 Advisory Team 91, MACV, was cited for award of the Meritorious Unit Commendation (MUC) for the period 15 April 1970 through 15 April 1972 by Department of the Army General Orders (DAGO) Number 11, dated 1973.

8.  This pamphlet further states that DAGO Number 8, dated 1974, announced award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to Headquarters, MACV, and its subordinate units, for the period 20 July 1965 to 28 March 1973.

DISCUSSION AND CONCLUSIONS:

1.  The applicant completed a qualifying period of service in Vietnam for award of the Republic of Vietnam Campaign Medal with Device (1960).  Therefore, his DD Form 214 should be corrected to show this award.

2.  He participated in two campaigns which entitles him to two bronze service stars for wear on his already-awarded VSM.  Therefore, his DD Form 214 should be corrected to show these bronze service stars.

3.  His unit in Vietnam was cited for award of the MUC during his period of assignment.  Therefore, his DD Form 214 should be corrected to show this unit award.

4.  All MACV units 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.
5.  His DA Form 66 shows he qualified as a Sharpshooter with the M-16 rifle.  Therefore, he is entitled to have his DD Form 214 corrected to show the Sharpshooter Marksmanship Qualification Badge with Rifle Bar.

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 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 VSM and

	b.  adding to his DD Form 214 the:

* Republic of Vietnam Campaign Medal with Device (1960)
* VSM with two bronze service stars
* MUC
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar



      _______ _   __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)                                         AR20130001364



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ABCMR Record of Proceedings (cont)                                         AR20130001364



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