IN THE CASE OF:	  

		BOARD DATE:	  3 June 2014

		DOCKET NUMBER:  AR20130017400 


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 Vietnam Service Medal.

2.  The applicant states he served as a field artilleryman in South Vietnam from 1970 through 1971.

3.  The applicant provides copies of his DD Form 214 and a roster of names.

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 20 April 1970.  He completed the training requirements and he was awarded military occupational specialty 13A (Field Artillery Basic).  He was assigned to Battery B, 1st Battalion, 83rd Field Artillery Regiment and Battery A, 2nd Battalion, 94th Field Artillery Regiment in the Republic of Vietnam from 14 December 1970 through 7 October 1971.

3.  His record contains Special Orders Number 168, issued by Headquarters, U.S. Army Training Center, Infantry, Fort Dix, NJ, dated 17 June 1970, which show he was awarded the Marksman Marksmanship Qualification Badge with Rifle Bar (M-16) and the Expert Marksmanship Qualification Badge with Grenade Bar.

4.  His record contains General Orders Number 23, issued by Headquarters, 
2d Battalion, 94th Artillery, dated 28 September 1971, which show he was awarded the Army Good Conduct Medal (1st Award).

5.  His record contains General Orders Number 1535, issued by Headquarters, XXIV Corps, dated 20 October 1971, which show he was awarded the Army Commendation Medal.

6.  On 15 December 1971, he was honorably released from active duty in the rank/grade of specialist four/E-4 and transferred to the U.S. Army Reserve Control Group (Annual Training).  His DD Form 214 shows he was awarded the National Defense Service Medal.

7.  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 Battery A, 2nd Battalion, 94th Artillery, a 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 March through 
9 October 1971 by Department of the Army General Order Number 6, dated 1974.

8.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards.  

	a.  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.  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, participation credit was awarded for the following two campaigns:  
* Vietnam Counteroffensive, Phase VII
* Consolidation I

   b.  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.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that his DD Form 214 should be corrected to show the Vietnam Service Medal has been carefully examined and found to have merit.

2.  Special orders awarded him the Marksman Marksmanship Qualification Badge with Rifle Bar (M-16) and the Expert Marksmanship Qualification Badge with Grenade Bar; therefore, he is entitled to correction of his DD Form 214 to show these badges.

3.  He served a qualifying period of service for entitlement to the Vietnam Service Medal.  He also participated in two campaigns during his service in Vietnam.  Therefore, he is authorized the Vietnam Service Medal with two bronze service stars and correction of his DD Form 214 to show this award.

4.  Department of the Army Pamphlet 672-3 shows his unit was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation during his period of assignment.  Therefore, his DD Form 214 should be corrected to show this citation.

5.  He also served a qualifying period of service for award of the Republic of Vietnam Campaign Medal with Device (1960).  Therefore, his DD Form 214 should be corrected to show this award.

6.  General orders awarded him the Army Good Conduct Medal.  Therefore, his DD Form 214 should be corrected to show this award.







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:

* Army Good Conduct Medal (1st Award)
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-16)
* Expert Marksmanship Qualification Badge with Grenade Bar 
* Vietnam Service Medal with two bronze service stars
* Republic of Vietnam Campaign Medal with Device (1960)
* Republic of Vietnam Gallantry Cross with Palm 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)                                         AR20130017400



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ABCMR Record of Proceedings (cont)                                         AR20130017400



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