IN THE CASE OF:	  

		BOARD DATE:	    26 November 2013

		DOCKET NUMBER:  AR20130005607 


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 records to show all awards, decorations, medals, and badges that he may be authorized. 

2.  The applicant states he does not have all his campaign ribbons from his Vietnam service. 

3.  The applicant provides:

* DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), ending on11 January 1969 
* DD Form 214 (Certificate of Release or Discharge from Active Duty), ending on 5 January 1981
* National Guard Bureau (NGB) Forms 22 (Report of Separation and Record of Service), ending on 11 December 1981 and 12 January 1984 

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 enlisted in the Regular Army on 18 January 1966 and he held military occupational specialty 36C (Lineman).  His Vietnam-era service records are not available for review with this case.  

3.  He completed 1 year, 8 months, and 23 days of foreign service, part of which appears to have been in Vietnam.  His last unit of assignment prior to separation was Company B, 44th Signal Battalion.  

4.  He was honorably released from active duty on 11 January 1969.  He completed 2 years, 11 months, and 24 day of active service.  His DD Form 214 shows he was awarded or authorized the:

* National Defense Service Medal
* Good Conduct Medal (1st Award)
* Vietnam Service Medal
* Armed Forces Expeditionary Medal
* Vietnam Campaign Medal

5.  He enlisted in the Ohio Army National Guard (OHARNG) on 1 June 1977.  He entered active duty on 2 October 1979 and he served as a Reserve recruiter.  He was honorably released from active duty on 5 January 1981.  His DD Form 214 shows he was awarded or authorized the:

* National Defense Service Medal
* Good Conduct Medal (1st Award)
* Vietnam Service Medal
* Armed Forces Expeditionary Medal
* Vietnam Campaign Medal

6.  He was discharged from the OHARNG on 11 December 1981.  He was issued an NGB Form 22 that captured his ARNG service. 

7.  He enlisted in the Nevada ARNG (NVARNG) on 12 December 1981 and he was discharged from the NVARNG on 12 January 1984.  He was issued an NGB Form 22 that captured this ARNG service. 

8.  He enlisted in the California ARNG (CAARNG) on 13 January 1984 and he was discharged from the CAARNG on 10 July 1984.  He was issued an NGB Form 22 that captured this ARNG service. 
9.  He enlisted in the NVARNG on 11 July 1984.  He was discharged from the NVARNG on 5 May 1987 and he was transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement).  He was issued an NGB Form 22 that captured his ARNG service. 

10.  He was ultimately honorably discharged from the USAR on 12 December 1995. 

11.  Army Regulation 600-8-22 (Military Awards) provides for the following awards:

	a.  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.  Appendix B shows that during his service in Vietnam, campaign participation credit was awarded for various campaigns within specific timeframes.  The regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.

12.  Department of the Army General Orders Number 8, dated 1974, announced award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to:

* Headquarters, U.S. Military Assistance Command and its subordinate units during the period 8 February 1962 to 28 March 1973
* Headquarters, U.S. Army Vietnam and its subordinate units during the period 20 July 1965 to 28 March 1973

DISCUSSION AND CONCLUSIONS:

1.  Although his Vietnam-era service record is not available for review with this case, his DD Form 214 shows he completed 1 year, 8 months, and 23 days of foreign service and some of this foreign service appears to have been served in Vietnam.  Therefore, he participated in at least one campaign during his service in Vietnam and he is entitled to a bronze service star to be worn with the Vietnam Service Medal and correction of his DD Form 214 to show this award.

2.  GO awarded his unit in Vietnam the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  Therefore, he is entitled to correction of his DD Form 214 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 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 adding to his DD Form 214, ending on 5 January 1981:

* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* one bronze service star 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)                                         AR20130005607



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ABCMR Record of Proceedings (cont)                                         AR20130005607



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