BOARD DATE:	  5 August 2014

		DOCKET NUMBER:  AR20130020732 


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, in effect, correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show two overseas service bars and two bronze service stars to be worn with his Vietnam Campaign Medal (i.e., Vietnam Service Medal).  

2.  The applicant states the above awards are listed in his service records but not on his DD Form 214.  

3.  The applicant provides:

* DD Form 214
* DD Form 215 (Correction to DD Form 214) 
* DA Form 20 (Enlisted Qualification Record)

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's records show he enlisted in the Regular Army on 23 July 1966 and he held military occupational specialty 13B (Field Artillery Crewmember).  

3.  Special Orders (SO) Number 87, issued by Headquarters, U.S. Army Training Center, Fort Bragg, NC, dated 15 September 1966, awarded him the Expert Marksmanship Qualification Badge with Rifle Bar (M-14). 

4.  He served in Vietnam from on or about 17 January 1967 to 13 January 1968.  He was assigned to Service Battery, 3rd Battalion, 6th Artillery Regiment.  

5.  He was honorably released from active duty on 22 July 1969.  His DD Form 214, as amended by his DD Form 215, shows he was awarded or authorized the National Defense Service Medal, Vietnam Campaign Medal, Vietnam Service Medal, and Good Conduct Medal.

6.  Item 39 (Campaigns) of his DA Form 20 shows he participated in two campaigns and item 41 (Awards and Decorations) lists the same awards shown on his DD Form 214 in addition to a bronze service star with the Vietnam Campaign Medal, and two overseas service bars. 

7.  Army Regulation 600-8-22 (Military Awards) provides for award of the Vietnam Service Medal.  Appendix B of Army Regulation 600-8-22 shows that during his service in Vietnam participation credit was awarded for the following campaigns.  This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign. 

* Vietnam Counteroffensive, Phase II, 1 July 1966—31 May 1967
* Vietnam Counteroffensive, Phase III, 1 June 1967—29 January 1968

8.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows during his service with the 3rd Battalion,
6th Field Artillery Regiment in Vietnam, this unit was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for service from 
1 August 1965 to 17 April 1971 based on Department of the Army General Orders (GO) Number 54, dated 1974. 

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.  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:

1.  The applicant was awarded the Vietnam Service Medal.  Additionally, he participated in two campaigns while serving in Vietnam; therefore, he is entitled to two bronze service stars to be affixed to his already-awarded Vietnam Service Medal (not Vietnam Campaign Medal).

2.  GO awarded his unit in Vietnam the Republic of Vietnam Gallantry Cross with Palm Unit Citation; therefore, he is entitled to correction of his DD Form 214 to show this unit award.

3.  SO awarded him the Expert Marksmanship Qualification Badge with Rifle Bar (M-14) which is not shown on his DD Form 214.  Therefore, he is entitled to correction of his DD Form 214 to show this badge. 

4.  Although the two overseas service bars are listed on his DA Form 20 and they designate his completion of two 6-month periods of active Federal service as a member of a U.S. Service in Vietnam between 1 July 1958 and 28 March 1973, overseas service bars are not awards or decorations; they are items of clothing and are not listed on the DD Form 214. 

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___X_____  __X______  __X___  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION



BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined the evidence presented is sufficient to warrant a recommendation for partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by deleting the Vietnam Service Medal and adding the:

* Vietnam Service Medal with two bronze service stars
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Expert Marksmanship Qualification Badge with Rifle Bar (M-14)

2.  The Board further determined the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to the two overseas service bars. 



      _______ _   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)                                         AR20130020732



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ABCMR Record of Proceedings (cont)                                         AR20130020732



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