IN THE CASE OF:	  

		BOARD DATE:	  29 April 2014

		DOCKET NUMBER:  AR20130015236 


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 all of his authorized awards.  He also requests that he be mailed copies of all of his awards.

2.  The applicant states his DD Form 214 does not reflect all of the unit and personal awards that he earned while he was serving in the Republic of Vietnam.

3.  The applicant provides a copy of his DD Form 214.

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 replacement of the medals he received while he was in the Army; however, the ABCMR does not issue replacement medals.  The applicant is advised that requests for replacement of previously-issued medals should be forwarded to the National Personnel Records Center (NPRC), 1 Archives Drive, St. Louis, Missouri 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 completing a Standard Form 180 (which is available for download at the same website.  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 his request.  All requests must be signed and dated.  No further reference to this request will be made in this ABCMR Record of Proceedings.  

3.  The applicant was inducted into the Army of the United States on 19 May 1966.  He completed training as a wireman.  He arrived in Vietnam on 18 October 1966 and was assigned to A Battery, 2nd Howitzer Battalion, 17th Artillery, 1st Cavalry Division (Air).

4.  He participated in the Vietnam Counteroffensive, Phase II Campaign, which extended from 1 July 1966 through 31 May 1967; and the Vietnam Counteroffensive, Phase III Campaign, which extended from 1 June 1967 through 29 January 1968.

5.  The applicant departed Vietnam en-route to the United States on 17 October 1967.  He was honorably released from active duty on 17 May 1968, at the expiration of his term of service.

6.  His DD Form 214 shows the following awards:

* National Defense Service Medal
* Vietnam Campaign Medal
* Vietnam Service Medal
* Sharpshooter Marksmanship Qualification Badge
* One Overseas Service Bar

7.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in Vietnam.  This pamphlet shows the unit to which the applicant was assigned was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 1 August 1965 to 16 April 1971 by Department of the Army General Order Number 54, dated 1974.

8.  Army Regulation 600-8-22 (Military Awards) states a bronze service star, based on qualifying service for each campaign listed in Appendix B of this regulation, will be worn on the appropriate service medal.

9.  Army Regulation 670-1 (Uniforms and Insignia) governs the requirements for the Overseas Service Bar.  It states a bar is authorized for wear for each period of active Federal service as a member of the U.S. Army outside of the continental limits of the United States for the specific time frames and areas of operation cited in Army Regulation 670-1 or appropriate Department of the Army message. There are special provisions regarding authorization for the Overseas Service Bar for service in a hostile fire zone and for combining service to calculate award of the bars.

10.  For Vietnam service, one Overseas Service Bar was authorized for each period of 6 months active Federal service as a member of a U.S. Service in Vietnam from 1 July 1958 to 28 March 1973.  Both the month of arrival and the month of departure from Vietnam were counted as whole months for credit toward the Overseas Service Bar.

DISCUSSION AND CONCLUSIONS:

Aside from the awards currently shown on his DD Form 214 he is authorized the Republic of Vietnam Gallantry Cross with Palm Unit Citation, two bronze service stars to be affixed to his already-awarded Vietnam Service Medal, and an additional Overseas Service Bar.  These awards should be shown on his DD Form 214.

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 amending his DD Form 214 to delete the entry "1 /OS Bar" and to add the following awards:

* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Two bronze service stars to be affixed to his already-awarded Vietnam Service Medal
* Two Overseas Service Bars
* Issuing him all his awards




      _______ _   __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)                                         AR20130015236



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ABCMR Record of Proceedings (cont)                                         AR20130015236



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