IN THE CASE OF:	  

		BOARD DATE:	 29 July 2014 

		DOCKET NUMBER:  AR20130019827 


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 Valorous Unit Award and Republic of Vietnam Gallantry Cross with Palm Unit Citation.

2.  He states he was with the brigade during Operation Van Buren for the attack on Tuy Hoa, South Vietnam.  He was one of the original members of the 1st Brigade, 101st Airborne Division, to leave Fort Campbell for Vietnam during the period 1965 to 1966

3.  He provides two pages of information relating to the 101st Airborne Division from an Internet website.

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 enlisted in the Regular Army on 17 May 1963.

3.  His records contain a DA Form 20 (Enlisted Qualification Record) that shows in:
	a.  item 31 (Foreign Service), he was credited with service in Vietnam from 8 July 1965 to 11 May 1966;

	b.  item 38 (Record of Assignments), he was assigned to the Supply Detachment, 501st Supply Company Support Battalion, in Vietnam from 8 July 1965 to 7 May 1966; and

	c.  item 41 (Awards and Decorations), he was awarded the Parachutist Badge and Vietnam Service Medal.

4.  The applicant's records contain the following documents which show he was a member of the 1st Brigade, along with its attached units, in Vietnam:

	a.  Headquarters, 101st Airborne Division and Fort Campbell, Letter Orders Number 5-166, dated 27 May 1965, subject:  Movement Directive, Brigade Task Force, 101st Airborne Division;

	b.  DA Form 2627-1 (Record of Proceedings Under Article 15, Uniformed Code for Military Justice), dated 14 September 1965;

c.  Headquarters, 1st Brigade, 101st Airborne Division, Special Order Number 51, dated 19 September 1965; and

	d.  Headquarters, U.S. Army Personnel Center, Oakland, CA, Special Orders Number 130, dated 10 May 1966. 

5.  On 10 May 1966, he was honorably released from active duty after completing 2 years, 11 months, and 24 days of active service.  Item 24 of his DD Form 214 shows he was awarded the Parachutist Badge, Vietnam Service Medal, and Marksman Marksmanship Qualification Badge with Rifle Bar (M-1).

6.  The applicant submitted two pages from an Internet website which lists the 1st Brigade of the 101st Infantry Division/101st Airborne Division as the recipient of the Valorous Unit Award and the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

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 the 1st Brigade, along with its attached units, was awarded the:

	a.  Valorous Unit Award for the period 17 January to 25 March 1966 by Department of the Army General Orders (DAGO) Number 17, dated 1968; and

	b.  Meritorious Unit Commendation for the period 25 July 1965 to 1 October 1966 by DAGO Number 1, dated 1969.

8.  The Republic of Vietnam Gallantry Cross with Palm Unit Citation was awarded to all units that served in Vietnam between 20 July 1965 and 28 March 1973 which were subordinate to Headquarters, U.S. Army Vietnam, by Department of the Army General Orders Number 8, dated 1974.

9.  Army Regulation 600-8-22, 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, participation credit was awarded for the following campaigns:

* Vietnam Defense Campaign (8 March-24 December 1965)
* Vietnam Counteroffensive (25 December 1965-30 June 1966)

10.  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.  DAGO show the unit the applicant was assigned to in Vietnam was awarded the Valorous Unit Award, Meritorious Unit Commendation, and Republic of Vietnam Gallantry Cross with Palm Unit Citation.  Therefore, his DD Form 214 should be corrected to show these unit awards.

2.  The evidence of record shows he was eligible for award of the Republic of Vietnam Campaign Medal with Device (1960).  Therefore, his DD Form 214 should be corrected to show this award.

3.  The applicant participated in two campaigns during his service in Vietnam.  Therefore, he is authorized two bronze service stars with his already-awarded Vietnam Service Medal and correction of his DD Form 214 to show these service stars.

BOARD VOTE:

____X____  ___X_____  ___X_____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined the evidence presented is 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 the Vietnam Service Medal from his DD Form 214 and

	b.  adding the following awards to his DD Form 214:

* Vietnam Service Medal with two bronze service stars
* Republic of Vietnam Campaign Medal with Device (1960)
* Valorous Unit Award
* Meritorious Unit Commendation
* 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)                                         AR20130019827



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ABCMR Record of Proceedings (cont)                                         AR20130019827



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