IN THE CASE OF: 

		BOARD DATE:	    29 May 2014

		DOCKET NUMBER:  AR20130016561


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 foreign service in Vietnam.

2.  The applicant states his DD Form 214 does not show his Vietnam service.

3.  The applicant provides:

* Award certificate and citation for the Army Commendation Medal (ARCOM)
* Military Pay Voucher
* Certificate of Combat Service
* 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 was inducted into the Army of the United States on 18 July 1967.

3.  His DA Form 20 (Enlisted Qualification Record) shows:

* he was awarded the Marksman Marksmanship Qualification Badge with Rifle Bar (M-14 and M-16)
* he served in Vietnam from 14 January 1968 to 18 February 1969
* he served as a cannoneer assigned to Battery A, 1st Battalion, 11th Artillery of the 9th Infantry Division in Vietnam from 23 January 1968 to 
     18 February 1969

4.  Records show he participated in four campaigns during his assignment in Vietnam.

5.  Orders, dated 15 December 1968, show he received the ARCOM for meritorious service in Vietnam during the period January 1968 to December 1968.

6.  On 18 February 1969, he was honorably released from active duty.

7.  His DD Form 214 shows he was awarded or authorized the National Defense Service Medal.

8.  Item 22c (Foreign and/or Sea Service) of his DD Form 214 shows his foreign service as 1 year, 1 month, and 4 days.

9.  Item 30 (Remarks) of his DD Form 214 does not show any service in Vietnam.

10.  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, 11th Artillery was cited for award of the:

* Presidential Unit Citation for actions during the period 7 March to 22 June 1968 in Department of the Army General Orders (DAGO) 60, dated 1969
* Republic of Vietnam Gallantry Cross with Palm Unit Citation for actions during the period 1 December 1966 to 30 June 1968 in DAGO 31, dated 1969
* Republic of Vietnam Gallantry Cross with Palm Unit Citation for actions during the period January to June 1969 in DAGO 59, dated 1969
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 19 December 1966 to 28 June 1969 in DAGO 59, dated 1969

11.  Department of the Army Pamphlet 672-3 also shows Battery A, 11th Artillery was cited for award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 30 November 1968 to 2 May 1970 in DAGO 
48, dated 1971.

12.  Department of the Army Pamphlet 672-3, paragraph 6 (Miscellaneous Information), states that not more than one award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation may be worn by any individual.  Although wear of multiple awards of this unit citation is not authorized, official military personnel and historical records will show all awards received.

13.  Army Regulation 600-8-22 (Military Awards) states 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.  Qualifying service included attachment to or assignment for 1 or more days with an organization participating in or directly supporting military operations.  The regulation states a bronze service star is worn on the appropriate service ribbon for each credited campaign, to include the Vietnam Service Medal.  

14.  Army Regulation 600-8-22 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.

15.  Army Regulation 635-5 (Separation Documents) governs the preparation of the DD Form 214.  The regulation in effect at the time provided that the total active duty service outside the continental limits of the United States for the period covered by the DD Form 214 and the last overseas theater in which the service was performed would be entered in item 22c.  Later versions of this regulation required that the inclusive dates of service in Vietnam performed on or after 5 August 1964 would be listed the remarks block.  

DISCUSSION AND CONCLUSIONS:

1.  The entry on the applicant's DA Form 20 which shows he served in Vietnam from 14 January 1968 to 18 February 1969 is accepted as sufficient evidence on which to add the entry "Vietnam Service:  14 January 1968 to 18 February 1969" to item 30 of his DD Form 214.

2.  As a related issue, he is authorized the Vietnam Service Medal with four bronze service stars and the Republic of Vietnam Campaign Medal with Device (1960) based on his service in Vietnam and participation in four campaigns.  Therefore, his DD Form 214 should be corrected to show these awards.

3.  His unit in Vietnam was cited for the Presidential Unit Citation and two awards of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation during his period of assignment.  Therefore, his DD Form 214 should be corrected to show these unit awards.

4.  His unit in Vietnam was also cited for two awards of the Republic of Vietnam Gallantry Cross with Palm Unit Citation while he was assigned to it.  Although he is entitled to wear only one of these awards, his DD Form 214 should be corrected to show both unit awards.

5.  Orders show he received the ARCOM and Marksman Marksmanship Qualification Badge with Rifle Bars (M-14) and (M-16).  Therefore, his DD Form 214 should be corrected to show these awards.

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.  adding the following awards to his DD Form 214:

* Vietnam Service Medal with four bronze service stars
* Republic of Vietnam Campaign Medal with Device (1960)
* Presidential Unit Citation
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation (2nd Award)
* Republic of Vietnam Gallantry Cross with Palm Unit Citation (2nd Award)
* ARCOM
* Marksman Marksmanship Qualification Badge with Rifle Bars (M-14) and (M-16)   

	b.  adding the entry "Vietnam Service:  14 January 1968 to 18 February 1969" to item 30 of his DD Form 214.




      _______ _  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)                                         AR20090010900



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ABCMR Record of Proceedings (cont)                                         AR20130016561



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