BOARD DATE:	  3 June 2014

		DOCKET NUMBER:  AR20130016317 


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 his authorized awards.

2.  The applicant states he served in Vietnam and he was assigned to Company C, 725th Maintenance Battalion, from 24 April 1968 to 10 April 1969.

   a. He served during four campaigns.
   
   b. He qualified for the Vietnam Service Medal (VSM) with four bronze service stars and the Republic of Vietnam (RVN) Campaign Medal with Device (1960).  His DD Form 214 shows the two medals, but they are not correctly listed on it.

   c.  His unit was cited for award of the:

* Meritorious Unit Commendation
* RVN Gallantry Cross with Palm Unit Citation
* RVN Civil Actions Honor Medal First Class Unit Citation

   d.  He recently learned that he could request correction of his DD Form 214.

3.  The applicant provides a copy of his DA Form 20 (Enlisted Qualification Record), DD Form 214, and information pertaining to the requested awards.



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 8 November 1967.

3.  His DA Form 20 shows in:

   a.  item 31 (Foreign Service): Vietnam from 14 April 1968 through 10 April 1969;

   b.  item 38 (Record of Assignments): he was assigned to Company C, 725th Maintenance Battalion, 25th Infantry Division, from 24 April 1968 through 9 April 1969; and

   c.  item 41 (Awards and Decorations):

* National Defense Service Medal
* Expert Marksmanship Qualification Badge with Rifle Bar (M-16)
* VSM
* RVN Campaign Medal with Device (1960)
* 2 Overseas Service Bars
* RVN Gallantry Cross with Palm Unit Citation
* Army Good Conduct Medal

4.  The applicant's DD Form 214 shows he was honorably released from active duty on 7 November 1969 and transferred to the U.S. Army Reserve Control Group (Annual Training) to complete his Reserve obligation.

   a.  He completed 2 years of total active service that included 11 months and 28 days of foreign service.
	b.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) shows he was awarded or authorized the:

* National Defense Service Medal
* Expert Marksmanship Qualification Badge with Rifle Bar
* Vietnam Service Medal
* Vietnam Campaign Medal
* Army Good Conduct Medal

5.  A review of the applicant's military personnel records and 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 U.S. Army Human Resources Command, Military Awards Branch, failed to reveal any individual awards pertaining to the applicant.

6.  Army Regulation 600-8-22 (Military Awards) provides policy, criteria, and administrative instructions concerning military awards and decorations.

	a.  Paragraph 2-13 governs the VSM and states a bronze service star is authorized with award of the VSM for each Vietnam campaign a member is credited with participating in.

	b.  Appendix B shows that during the applicant's service in Vietnam, participation credit was awarded for the following four campaigns:

* Vietnam Counteroffensive, Phase IV (2 April 1968-30 June 1968)
* Vietnam Counteroffensive, Phase V (1 July 1968-1 November 1968)
* Vietnam Counteroffensive, Phase VI (2 November-22 February 1969)
* Tet 69 Counteroffensive 1969 (23 February 1969-8 June 1969)

	c.  Paragraph 9-13 states 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.

7.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam.  It shows that during the applicant's assignment to Company C,
725th Maintenance Battalion, the unit  was cited for award of the:

* Meritorious Unit Commendation for the period 15 February 1969 through 15 August 1969 by Department of the Army General Orders (DAGO) Number 39 dated 1970
* Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period April 1966 through August 1968 by DAGO Number 48 dated 1971
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period April 1966 through 21 January 1970 by DAGO Number 51 dated 1971

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 should be corrected to show all of his authorized awards.

2.  The evidence of record shows:

   a.  the applicant qualified for award of the VSM and he participated in four campaigns during his service in Vietnam.  Thus, he is authorized four bronze service stars for wear on his already-awarded VSM.

   b.  he qualified for and was awarded the Republic of Vietnam Campaign Medal with Device (1960); however, the award is not correctly recorded on his DD Form 214; and

	c.  general orders awarded the applicant's unit the:

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

3.  Therefore, it would be appropriate to correct the applicant's DD Form 214 to show his awards and decorations, as recommended below.

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:

	a.  deleting from item 24 of his DD Form 214 the:

* "Vietnam Service Medal"
* "Vietnam Campaign Medal"
* “Expert (Rifle)”

	b.  adding to item 24 of his DD Form 214 the:

* Vietnam Service Medal with four bronze service stars
* Republic of Vietnam Campaign Medal with Device (1960)
* Meritorious Unit Commendation
* 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-16)



      ________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)                                         AR20130016317



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ABCMR Record of Proceedings (cont)                                         AR20130016317



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