IN THE CASE OF:	   

		BOARD DATE:	  26 March 2014

		DOCKET NUMBER:  AR20130012789 


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:

The applicant defers to counsel.

COUNSEL'S REQUEST, STATEMENT AND EVIDENCE:

1.  Counsel requests correction of the applicant's records to show award of the:

* Republic of Vietnam Campaign Medal with Device (1960)
* National Defense Service Medal

2.  Counsel states the applicant served in the Republic of Vietnam during the period 25 June 1965 to 8 March 1966.

3.  Counsel provides:

* cover letter, dated 3 July 2013
* Authorization for Release of Information signed by the applicant, dated 4 April 2013
* DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge)
* 2 internet pages, printed on 3 July 2013
* extracts of the applicant’s Army Military Human Resource Record, formerly known as the official military personnel file


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 16 March 1964.

3.  Special Orders Number 102, issued by Headquarters, 1st Infantry Division, Fort Riley, KS, dated 27 April 1965, awarded the applicant the Expert Marksmanship Qualification Badge with Rifle Bar (M-14).

4.  He served in Vietnam from 25 June 1965 through 11 March 1966 and was assigned to Battery C, 1st Battalion, 7th Artillery.

5.  His DA Form 20 (Enlisted Qualification Record) shows in Item 41 (Awards and Decorations):

* Army Good Conduct Medal
* Vietnam Service Medal

6.  On 12 March 1966, he was honorably released from active duty in the rank of private first class after completing 1 year, 11 months, and 27 days of total active service with no lost time.  His DD Form 214 shows award of the:

* Army Good Conduct Medal
* Vietnam Service Medal

7.  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, and similar devices awarded in recognition of accomplishments.

   a.  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 during his service in Vietnam, the applicant participated in the following two campaigns:
   
*	Vietnam Defense Campaign (8 March 1965 – 24 December 1965)
*	Vietnam Counteroffensive (25 December 1965 – 30 June 1966

   b.  The National Defense Service Medal is awarded for honorable active service for any period between 1 January 1961 and 14 August 1974.
   
	c.  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.

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 1st Battalion, 7th Artillery was cited for award of the:

* Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 12 July 1965 through 16 October 1968 by Department of the Army General Order (DAGO) Number 21, dated 1969
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 12 July 1965 through 7 April 1970 by DAGO Number 53, dated 1970

DISCUSSION AND CONCLUSIONS:

1.  The applicant served a qualifying period of service for award of the National Defense Service Medal and the Republic of Vietnam Campaign Medal with Device (1960); therefore, he is entitled to correction of his DD Form 214 to show these awards.

2.  The unit to which the applicant was assigned in Vietnam was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation; therefore, he is entitled to correction of his DD Form 214 to show these unit awards.

3.  Records show the applicant participated in two campaigns during his service in Vietnam that entitles him to two bronze service stars for wear on his already-awarded Vietnam Service Medal.  Therefore, his DD Form 214 should be corrected to show these bronze service stars.

4.  Special orders awarded the applicant the Expert Marksmanship Qualification Badge with Rifle Bar (M-14); therefore, he is entitled to correction of his DD Form 214 to show this badge.

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 the following awards to his DD Form 214:

* National Defense Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation
* Expert Marksmanship Qualification Badge with Rifle Bar (M-14)
* 2 bronze service stars added to his previously-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)                                         AR20130012789





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ABCMR Record of Proceedings (cont)                                         AR20130012789



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