IN THE CASE OF:	   

		BOARD DATE:	  13 October 2014

		DOCKET NUMBER:  AR20140004030 


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 the following awards:

* Vietnam Service Medal (VSM)
* Republic of Vietnam (RVN) Campaign Medal with Device (1960)
* Combat Infantryman Badge (CIB) 
* One Overseas Service Bar

2.  He states none of his medals or campaigns were listed on his DD Form 214. 

3.  He provides:

* DD Form 214
* DA Form 20 (Enlisted Qualification Record)
* Special Orders 43, dated 12 February 1968
* Special Orders 89, dated 30 March 1967
* Special Orders 244, dated 1 September 1967
* Letter Orders 09-1372789, dated 20 September 1972

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.  On 12 October 1966, the applicant was inducted into the Army of the United States.  He was trained in and awarded military occupational specialty 11H (Indirect Fire Crewman).  

3.  He served in the RVN from 26 March 1967 to 19 March 1968.  On 12 April 1967, he was first assigned to Headquarters and Headquarters Company, 4th Battalion, 9th Infantry Regiment, 25th Infantry Division and on 1 August 1967, he was reassigned to Headquarters and Headquarters Company, 2nd Battalion, 12th Infantry Regiment, 25th Infantry Division.   

4.  Item 41 (Awards and Decorations) of his DA Form 20 shows he was awarded the CIB by Special Orders Number 154, issued by Headquarters, 25th Infantry Division, dated 1967.  A copy of these orders is not contained in his military personnel file.

5.  His DA Form 20 also shows he received all "excellent" conduct and efficiency ratings throughout his service.  There is no record of any Article 15's, courts-martial, or any type of adverse action in his available records.  There is also no record of a commander's disqualification for award of the Army Good Conduct Medal (AGCM).

6.  He was honorably released from active duty on 11 October 1968 and credited with completing 2 years of total active duty service.  His DD Form 214 shows the:

* National Defense Service Medal
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)

7.  Army Regulation 600-8-22 (Military Awards) provides for award of the VSM.  This 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.  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, the applicant participated in the following three campaigns:
* Vietnam Counteroffensive Phase II (1 July 1966 - 31 May 1967)
* Vietnam Counteroffensive Phase III (1 June 1967 - 29 January 1968)
* Tet Counteroffensive (30 January 1968 - 1 April 1968)

8.  Army Regulation 600-8-22 provides for award of the RVN Campaign Medal with Device (1960).  This medal was awarded by the Government of the RVN to all members of the Armed Forces of the United States for qualifying service in 
RVN during the period 1 March 1961 through 28 March 1973.  Qualifying service included assignment in the RVN for 6 months or more.

9.  Army Regulation 672-5-1 (Awards), in effect at the time, provided that the AGCM was awarded to individuals who completed a qualified period of active duty enlisted service.  This period was 3 years except in those cases when the period for the first award ended with the termination of a period of Federal military service.  The enlisted person must have had all "excellent" conduct and efficiency ratings and no convictions by a court-martial.

10.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units that served in the Vietnam War.  This pamphlet shows the 4th Battalion, 9th Infantry Regiment, to which he was assigned, was cited for the RVN Gallantry Cross with Palm Unit Citation by Department of the Army General Orders (DAGO) Number 48, dated 1971 and the RVN Civil Actions Honor Medal First Class Unit Citation by DAGO Number 51, dated 1971.  Additionally, the 2nd Battalion, 12th Infantry Regiment, to which the applicant was also assigned, was cited for the Valorous Unit Award for the period 31 January – 29 February 1968 by DAGO Number 48, dated 1968.

11.  Army Regulation 670-1 (Uniforms and Insignia) governs the requirements for the overseas service bar. 

	a.  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.

	b.  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.
	c.  Normally, the overseas service bar is not entered on the DD Form 214 because it is an item of uniform wear and not an award or decoration.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's DA Form 20 verifies that he was awarded the CIB.  Therefore, he is entitled to correction of his DD Form 214 to show this badge.

2.  He served a period of qualifying service for entitlement to the VSM.  He also participated in three campaign phases during his service in the RVN.  Therefore, he is entitled to the VSM with three bronze service stars and correction of his
DD Form 214 to show this award.

3.  The applicant served during a qualifying period of service for entitlement to the RVN Campaign Medal with Device (1960).  Therefore, his DD Form 214 should be corrected to show this award.

4.  Although the applicant requested one overseas service bar, his record indicates he served in the RVN from 26 March 1967 to 19 March 1968 which entitles him to wear two overseas service bars.  However, he is not entitled to correction of his DD Form 214 to show two overseas service bars for his service in Vietnam since the overseas service bar is not entered on this form.

5.  The evidence of record shows the applicant received "excellent" conduct and efficiency ratings and he had no adverse actions or commander's disqualification for award of the AGCM.  Therefore, he should be awarded the AGCM (1st Award) for the period 12 October 1966 to 11 October 1968 and his DD Form 214 should be corrected to show this award.

6.  The evidence of record shows he is entitled to wear the RVN Civil Actions Honor Medal First Class Unit Citation, RVN Gallantry Cross with Palm Unit Citation, and the Valorous Unit Award.  Therefore, his DD Form 214 should be corrected to show these unit awards. 

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___x____  ____x___  ___x_____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was 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:

   a.  awarding him the Army Good Conduct Medal (1st Award) for the period  12 October 1966 to 11 October 1968 and

	b.  adding to his DD Form 214 the:

* Combat Infantryman Badge
* Vietnam Service Medal with three bronze service stars
* Republic of Vietnam Campaign Medal with Device (1960)
* Army Good Conduct Medal (1st Award)
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation
* Valorous Unit Award
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2.  The Board further determined that 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 one overseas service bar.  



      _______ _   _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)                                         AR20140004030





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ABCMR Record of Proceedings (cont)                                         AR20140004030



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