IN THE CASE OF:  	  

		BOARD DATE:  7 July 2015  	  

		DOCKET NUMBER:  AR20140020198 


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:

* Vietnam Service Medal with four bronze service stars
* two overseas service bars
* Republic of Vietnam (RVN) Cross of Gallantry Unit Citation
* RVN Civil Actions Honor Medal First Class Unit Citation

2.  The applicant states, in effect, the above-mentioned awards should have been added to his DD Form 214.

3.  The applicant provides:

* DD Form 214
* General Orders (GO) Number 9007, dated 22 August 1969, issued by Headquarters, 1st Infantry Division
* Bronze Star Medal Citation
* a list of U.S. Army campaigns in Vietnam
* Department of the Army GO (DAGO) Number 21, dated 1969
* DAGO Number 53, dated 1970 

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 basis to waive the statute of limitations for timely filing.

2.  The applicant was inducted into the Army of the United States on 15 March 1968.  After completing initial training, he was awarded military occupational specialty 91B (Medical Specialist).  The highest rank/grade held was specialist five/E-5.

3.  His DA Form 20 (Enlisted Qualification Record) contains the following entries:

	a.  Item 31 (Foreign Service) shows he served in Vietnam from on or about 5 September 1968 to on or about 29 August 1969.  He has qualifying service for four campaigns:

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

	b.  Item 38 (Record of Assignments) lists his unit of assignment while in Vietnam as Headquarters and Headquarters Company, 2nd Battalion, 28th Infantry Regiment, 1st Infantry Division, from 15 September 1968 to 25 August 1969.

	c.  Item 41 (Awards and Decorations) contains the following awards:

* National Defense Service Medal
* Expert Marksmanship Qualification Badge with Rifle Bar (M-14)
* Vietnam Service Medal
* Combat Medical Badge
* Purple Heart (2nd Award)
* Silver Star
* RVN Gallantry Cross with Palm Unit Citation 
* two overseas service bars
* Bronze Star Medal
* Armed Forces Honor Medal, Second Class
* Army Good Conduct Medal (1st Award)
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16)

4.  He was honorably released from active duty on 16 January 1970.  His 
DD Form 214 shows he completed 1 year, 10 months, and 2 days of total active
service.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized), of his DD Form 214 shows:

* National Defense Service Medal
* Vietnam Service Medal with one bronze service star
* Republic of Vietnam Campaign Medal with Device (1960)
* Purple Heart (2nd Award)
* Bronze Star Medal
* RVN Cross of Gallantry Unit Citation (emphasis added)
* Army Good Conduct Medal (1st Award)
* Silver Star
* Expert Marksmanship Qualification Badge with Rifle Bar (M-14)
* Vietnamese Armed Forces Honor Medal, Second Class
* Combat Medical Badge
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16)

5.  Army Regulation 600-8-22 (Military Awards) states a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.

6.  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:

	a.  DAGO Number 53, dated 1970, awarded the RVN Civil Actions Honor Medal First Class Unit Citation, to the 2nd Battalion, 28th Infantry Regiment for the period October 1965 to 7 April 1970.

	b.  All units in Vietnam were awarded the RVN Gallantry Cross with Palm Unit Citation based on DAGO Number 8, dated 1974.

7.  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.

	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.

DISCUSSION AND CONCLUSIONS:

1.  The applicant has qualifying service for the Vietnam Service Medal with four bronze service stars and this award should be added to his DD Form 214.

2.  He served in the 2nd Battalion, 285th Infantry Regiment when the unit was awarded the RVN Civil Actions Honor Medal First Class Unit Citation for the period October 1965 to 7 April 1970.  As such, this award should be added to his DD Form 214.

3.  All units in Vietnam were awarded the RVN Gallantry Cross with Palm Unit Citation.  This award, however, is already shown on his DD Form 214 and, as such, no correction is required.

4.  For Vietnam service, one overseas service bar was authorized for each period of 6 months of active Federal service as a member of a U.S. Service in Vietnam from 1 July 1958 to 28 March 1973.  The applicant served 12 months and, thus, is entitled to two overseas service bars.  Overseas service bars, however, are considered part of the Army uniform and not an award.  As such, they should not be added to 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 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 amending his DD Form 214 for the period ending 16 January 1970 by revising Item 24 as follows:

	a.  Deleting the Vietnam Service Medal with one bronze service star

	b.  Adding the: 

* Vietnam Service Medal with four bronze service stars
* RVN Civil Action 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 two overseas service bars 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)                                         AR20140020198





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ABCMR Record of Proceedings (cont)                                         AR20140020198



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