IN THE CASE OF: 

		BOARD DATE:	  3 April 2014

		DOCKET NUMBER:  AR20130012224 


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:

* Presidential Unit Citation
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal with First Class Unit Citation

2.  The applicant states, in effect, that he earned these unit awards during his service in the Republic of Vietnam (RVN) while assigned to 3rd Battalion, 22nd Infantry Regiment, 4th Infantry Division, but they are not shown on his DD Form 214.

3.  He provides 4 pages of information on the lineage and honors of 3rd Battalion, 22nd Infantry Regiment, 4th Infantry Division.

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 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.  His military record is not available to the Board for review.  However, there were sufficient documents on file for the Board to conduct a fair and impartial review of this case.  This case is being considered using the applicant's DD Form 214 and pertinent Army publications.

3.  His DD Form 214 shows he was inducted into the Army of the United States on 15 December 1965.  On 20 September 1967, he was returned from overseas duty and released from active duty with an honorable characterization of service.
This form shows in:

	a.  item 12 (Last Duty Assignment and Major Command), that his most recent unit was Company A, 3rd Battalion, 22nd Infantry Regiment, 4th Infantry Division, U.S. Army Vietnam.

	b.  item 22c (Foreign and or Sea Service), that he served overseas in the U.S. Army Pacific (USARPAC) for a period of 11 months and 22 days.

	c.  item 24 (Decorations, Medals, Badges, Commendations, Citations and campaign Ribbons Awarded or Authorized), that he was awarded or authorized the:

* Purple Heart
* National Defense Service Medal
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* Combat Infantryman Badge
* 1 Overseas Service Bar
* Expert Marksmanship Qualification Badge with Rifle Bar (M-14)
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16)

	d.  item 30 (Remarks), does not show the specific dates of his service in the Republic of Vietnam.  

4.  A review of the Awards and Decorations Computer-Assisted Retrieval System an index of general orders issued during the Vietnam era between 1965 and 1973 maintained by the Military Awards Branch of the U.S. Army Human Resources Command, failed to reveal any orders showing the applicant was awarded additional individual awards or decorations.
5.  References:

	a.  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 the following campaigns took place during the final year of his period of active duty service:

* Vietnam Counteroffensive Phase II (1 July 1966 - 31 May 1967)
* Vietnam Counteroffensive Phase III (1 June 1967 - 29 January 1968)

	b.  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 unit to which the applicant was assigned was cited for award of the:

		(1)  Republic of Vietnam Gallantry Cross with Palm Unit Citation for actions during the period October 1966 through 1 August 1967 in Department of the Army General Orders (DAGO) Number 48 dated 1971, which amended DAGO Number 38, dated 1970, and which amended DAGO Number 3, dated 1970.

		(2)  Republic of Vietnam Gallantry Cross with Palm Unit Citation for actions during the period 1 August 1967 through August 1968 in DAGO Number 48, dated 1971.

		(3)  Republic of Vietnam Civil Actions Honor Medal with First Class Unit Citation for actions during the period 1 August 1967 through 21 January 1970 in DAGO Number 51, dated 1971.

		(4)  Presidential Unit Citation for actions on 21 March 1967 in DAGO Number 59, dated 1968.

	c.  Department of the Army Pamphlet 672-3 states not more than one Republic of Vietnam Gallantry Cross Unit Citation will be worn by any individual.  Although multiple awards of this unit citation are not authorized for wear, official military and historical records will indicate all awards received.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention was carefully considered and determined to have merit.

2.  The available evidence clearly shows that he served in the Republic of Vietnam and that he was separated as an overseas returnee.  Although the available evidence does not show the specific dates of his service in Vietnam, it does show he served overseas in USARPAC for a period of 11 months and 22 days.

3.  Records show two campaigns occurred during the final year of his period of active duty service.  Therefore, it is accepted that he participated in both campaigns during his service in the RVN.  Therefore, he is entitled to two bronze service stars for wear on his already-awarded Vietnam Service Medal and correction of his DD Form 214 to show these bronze service stars.

4.  Evidence clearly shows his final unit of assignment in Vietnam was Company A, 3rd Battalion, 22nd Infantry Regiment, 4th Infantry Division.  DAGOs awarded the following unit awards to the unit for actions during his tenure; therefore, he is entitled to correction of his DD Form 214 to show these unit awards:

* Republic of Vietnam Gallantry Cross with Palm Unit Citation (2nd Award)
* Republic of Vietnam Civil Actions Honor Medal with First Class Unit Citation
* Presidential Unit Citation

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 :

	a.  deleting the Vietnam Service Medal from his DD Form 214; and




	b.  adding to his DD Form 214 the:

* Republic of Vietnam Gallantry Cross with Palm Unit Citation (2nd Award)
* Republic of Vietnam Civil Actions Honor Medal with First Class Unit Citation
* Presidential Unit Citation



      __________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)                                         AR20130012224





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ABCMR Record of Proceedings (cont)                                         AR20130012224



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