IN THE CASE OF:  

		BOARD DATE:  30 October 2014

		DOCKET NUMBER:  AR20140005201


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 Tet Campaign Medal.  He also requests the medal be sent to him.

2.  The applicant states that it is an injustice that the award is not listed on his DD Form 214. 

3.  The applicant provided a copy of his 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 on 19 February 1968.  He held military occupational specialties (MOS) 64A (Light Vehicle Driver) and 71H (Personnel Records Specialist). 

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

	a.  item 38 (Record of Assignments) that he was assigned to the 4th Supply and Transport Battalion, 4th Infantry Division in Vietnam, from 1 August 1968 through 22 September 1968. 

	b.  item 41 (Awards and Decorations) shows the:

* National Defense Service Medal
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* Army Good Conduct Medal
* Army Commendation Medal
* two Overseas Service Bars
* Marksman Marksmanship Qualification Badge with Rifle Bar

4.  He was honorably released from active duty on 24 September 1969 as a specialist five/E-5.  He had completed 1 year, 7 months, and 6 days of total active service.  His DD Form 214 lists his authorized awards as the:

* National Defense Service Medal
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* Army Good Conduct Medal
* Army Commendation Medal 
* Marksman Marksmanship Qualification Badge with Rifle Bar
* two Overseas Service Bars

5.  A review of the Awards and Decorations Computer-Assisted Retrieval System, an index of general orders issued during the Vietnam era between 
1965 and 1973 maintained by the U.S. Army Human Resources Command Military Awards Branch, failed to reveal any orders pertaining to the applicant. 

6.  Army Regulation 600-8-22 (Military Awards):

	a.  Does not list the Tet Campaign Medal as an authorized award.

	b.  It does state a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.  During his service in Vietnam, the applicant participated in the following four campaigns: 

* Vietnam Counteroffensive Phase V (1 July - 1 November 1968)
* Vietnam Counteroffensive Phase VI (2 November 1968 - 22 February 1969)
* Tet 69 Counteroffensive, 1969 (23 February - 8 June 1969)
* Vietnam Summer - Fall 1969 (9 June - 31 October 1969)

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 4th Supply and Transport Battalion was assigned was cited for award of the:

	a.  Meritorious Unit Commendation for the period 1 June 1967-30 September 1969 by Department of the Army General Order (DAGO) Number 48, dated 1969; 

	b.  Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period October 1966-28 July 1969 by DAGO Number 3, dated 1970; and

	c.  Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for  the period 1 October 1966-21 October 1969 by DAGO Number 53, dated 1970.

DISCUSSION AND CONCLUSIONS:

1.  While the governing regulation does not list the Tet Campaign Medal as an authorize award, the regulation does list the Tet 69/Counteroffensive as a designated campaign.

2.  Records show he participated in four campaign periods during his service in the Vietnam.  Therefore, he is entitled to four bronze service stars for wear on his already-awarded Vietnam Service Medal.

3.  During the applicant's service in Vietnam, his unit was cited for award of the Meritorious Unit Commendation, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.

4.  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 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:  

	a.  deleting from his DD Form 214 the Vietnam Service Medal and

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

* Vietnam Service Medal with four bronze service stars
* Meritorious Unit Commendation 
* Republic of Vietnam Gallantry Cross with Palm Unit Citation 
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation


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 adding a “Tet Campaign Medal” to 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)                                         AR20100025029



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ABCMR Record of Proceedings (cont)                                         AR20140005201



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