IN THE CASE OF:	  

		BOARD DATE:	  31 October 2013

		DOCKET NUMBER:  AR20130004964 


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 (in two separate applications):

	a.  correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for the period ending 31 July 1969 to show award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation and four campaign stars for his already-awarded Vietnam Service Medal and

	b.  reissuance of the Vietnam Service Medal set with four bronze service stars affixed.

2.  The applicant states:

	a.  According to Department of the Army General Orders (DAGO) Number 53, dated 22 October 1970, the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation was awarded to the 1st Infantry Division during the same period he served with that division.

	b.  According to the U.S. Army Center of Military History, he served in Vietnam for a period that spanned the award of four campaign stars.

3.  The applicant provides:

* DD Form 214 for the period ending 16 August 1967
* DD Form 214 for the period ending 31 July 1969
* Headquarters, 1st Infantry Division, Special Orders Number 244, dated 31 August 1968
* Headquarters, 1st Infantry Division, Special Orders Number 142, dated 22 May 1969
* DAGO Number 53, dated 22 October 1970
* U.S. Army Center of Military History Vietnam Campaign List

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 requests reissuance of Army medals.  The ABCMR does not issue medals.  The applicant is advised that requests for medals should be forwarded to the National Personnel Records Center (NPRC), 1 Archives Drive, St. Louis, MO  63138.  The NPRC will verify the awards to which a retiree/veteran is entitled and forward the request with verification to the appropriate service department for issuance of the medals.  Requests to the NPRC may be submitted online through the eVetRecs system at:  http://www.archives.gov/veterans/military-service-records/standard-form-180.html or via mail or fax (314-801-9195) by letter or by completing a Standard Form 180 (Request Pertaining to Military Records) which is available for download at the same web site.  At a minimum, all requests must include a copy of the retiree's/veteran's separation or discharge paperwork and any other supporting documentation to substantiate the request.  All requests must be signed and dated.  No further reference to this portion of the applicant's request will be made in this Record of Proceedings.

3.  The applicant was inducted into the Army of the United States on 10 October 1966.  He completed training as an infantry operations and intelligence specialist.  He was honorably discharged on 16 August 1967 to accept an appointment as a commissioned officer.  His DD Form 214 for this period shows he was awarded or authorized the National Defense Service Medal and Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14).

4.  The applicant accepted an appointment as a Reserve commissioned officer in the rank/grade of second lieutenant/O-1 on 17 August 1967 with concurrent order to active duty.  He arrived in Vietnam on or about 15 August 1968 and was assigned Headquarters and Headquarters Company, 2nd Brigade, 1st Infantry Division, on 16 August 1968 and to Company B, 2nd Battalion, 16th Infantry, on 19 August 1968.

5.  He participated in the following four campaigns:

* Vietnam Counteroffensive Phase V (1 July-1 November 1968)
* 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)

6.  The applicant departed Vietnam en route to the United States on 26 July 1969.  He was released from active duty on 31 July 1969 at the expiration of his active duty commitment.  His DD Form 214 for this period shows he was awarded or authorized the:

* Republic of Vietnam Campaign Medal with Device (1960)
* Vietnam Service Medal
* Army Commendation Medal
* Bronze Star Medal
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Combat Infantryman Badge

7.  Army Regulation 600-8-22 (Military Awards) states a bronze service star is worn on the appropriate service ribbon for each credited campaign, to include the Vietnam Service Medal.

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 2nd Battalion, 16th Infantry, was cited for the award of Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 12 July 1965 to 7 April 1970 in DAGO Number 53, dated 1970.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contentions have been noted and his supporting evidence has been considered.

2.  The evidence shows he participated in four campaigns during his service in Vietnam.  Therefore, four bronze service stars should be affixed to his already-awarded Vietnam Service Medal.

3.  The applicant's unit was cited in orders for award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.  His DD Form 214 should be corrected to show this unit 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 adding the following awards to his DD Form 214 for the period ending 31 July 1969:

* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation
* four bronze service stars to be affixed to his already-awarded Vietnam Service Medal



      _____________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)                                         AR20130004964



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ABCMR Record of Proceedings (cont)                                         AR20130004964



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