RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  19 April 2006
	DOCKET NUMBER:  AR20060012261 


	I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual.


	The Board considered the following evidence:

	Exhibit A - Application for correction of military records.

	Exhibit B - Military Personnel Records (including advisory opinion, if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests, in effect, that the Bronze Star Medal and the Air Medal be added to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge). 

2.  The applicant essentially states that these medals were issued to him after his DD Form 214 was prepared.

3.  The applicant provides his DD Form 214, the front page of an order and a certificate showing that he was awarded the Air Medal, a partially legible certificate showing that he was awarded the Bronze Star Medal, his Honorable Discharge Certificate and orders discharging him from the United States Army Reserve (USAR) on 1 April 1974, and a letter, dated 30 August 2006, from the National Personnel Records Center in support of this application. 

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which occurred on 
1 April 1974, the date of his discharge from the USAR.  Although the application submitted in this case is dated 5 July 2006, it was not received until 1 September 2006.

2.  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 allows the Army Board for Correction of Military Records (ABCMR) to excuse failure to file within the 3-year statute of limitations if the ABCMR determines that it would be in the interest of justice to do so.  In this case, the ABCMR will conduct a review of the merits of the case to determine if it would be in the interest of justice to excuse the applicant’s failure to timely file.

3.  The applicant requested correction of his records to show award of the Bronze Star Medal.  Although the applicant provided a certificate which appears to have awarded him the Bronze Star Medal, the certificated contains no signature in the approval authority line.  There are also no orders in his military records confirming this award, and the applicant did not provide any orders which show that he was awarded the Bronze Star Medal.  In the absence of a proper award authority for this decoration, the applicant may request award of the 



Bronze Star Medal under the provisions of Section 1130 of Title 10, United States Code.  The applicant has been notified by separate correspondence of the procedures for applying for this decoration under Section 1130 and, as a result, the Bronze Star Medal will not be discussed further in this Record of Proceedings.

4.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of the applicant’s DD Form 214 essentially shows that he was awarded the National Defense Service Medal, the Vietnam Service Medal, the Republic of Vietnam Campaign Medal, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Combat Infantryman Badge, the Sharpshooter Marksmanship Qualification Badge with M-14 Rifle Bar, and the Marksman Marksmanship Qualification Badge with M-16 Rifle Bar.

5.  The applicant’s DD Form 214 does not show that he was awarded the Air Medal.  However, the applicant provided the front page of an order and a certificate which shows that he was awarded the Air Medal for the period 20 April 1969 to 11 March 1970.  His military records contained a complete copy of this order which corroborates that he was awarded the Air Medal.

6.  During a review of the applicant’s records, it was determined that he is entitled to additional awards and decorations that are not shown on his DD Form 214.

7.  Although the applicant’s DA Form 20 (Enlisted Qualification Record) was not present in his military records, item 30 (Remarks) of his DD Form 214 shows that he served in Vietnam from 4 April 1949 to 26 March 1970.  It could also be established by other orders in his military records that he served with Company C, 3rd Battalion, 8th Infantry Regiment, 4th Infantry Division from at least 7 July 1969 to 26 March 1970.   Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in Vietnam.  This document shows that, at the time of the applicant’s assignment to the 4th Infantry Division, the division was cited for award of the Meritorious Unit Commendation by Department of the Army General Orders Number 51, dated 1971.  This document also shows that at the time of applicant’s assignment to the 3rd Battalion, 8th Infantry Regiment, the battalion was cited for award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation by Department of the Army General Orders Number 53, dated 1970.

8.  The applicant’s DD Form 214 does not show that he was awarded the Expert Marksmanship Qualification Badge with Machinegun Bar.  However, he was 
awarded this marksmanship badge by Headquarters, 3rd Advanced Individual Training Brigade, Fort Jackson, South Carolina Special Orders Number 126, dated 23 July 1968.  

9.  The applicant’s DD Form 214 essentially shows that he was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation; however, it is abbreviated and spelled incorrectly.

10.  The applicant’s DD Form 214 shows that he was awarded the Vietnam Service Medal, but does not show that he was awarded any bronze service stars to signify campaign participation credit.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy and criteria concerning individual military awards.  Paragraph 2-13 contains the regulatory guidance on the Vietnam Service Medal.  It states in pertinent part, that a bronze service star is authorized with this award for each Vietnam campaign a member is credited with participating in.  Table B-1 contains a list of Vietnam campaigns, and it shows that during his assignment in Vietnam, the applicant was credited with participating in the TET 69 Counteroffensive campaign, the Vietnam Summer-Fall 1969 campaign, and the Vietnam Winter-Spring 1970 campaign.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that the Air Medal should be added to his DD Form 214.

2.  General orders awarded the applicant the Air Medal for the period 20 April 1969 to 11 March 1970.  Therefore, he is entitled to correction of his military records to show the award of the Air Medal.

3.  General orders awarded the Meritorious Unit Commendation to the 4th Infantry Division while the applicant was assigned to this division.  General orders also awarded the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation to the 3rd Battalion, 8th Infantry Regiment while the applicant was assigned to this battalion.  Therefore, he is entitled to award of the Meritorious Unit Commendation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, and correction of his military records to show these unit awards.

4.  Special orders awarded the applicant the Expert Marksmanship Qualification Badge with Machinegun Bar which is not shown on his DD Form 214.  Therefore, he is entitled to correction of his military records to show the award of the Expert Marksmanship Qualification Badge with Machinegun Bar.

5.  The applicant’s DD Form 214 shows an incorrect abbreviation for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation; therefore, he is entitled to correction of this entry on his DD Form 214.

6.  The applicant participated in three campaigns during his tour in Vietnam; therefore, he is entitled to correction of his military records to show three bronze service stars to be affixed to his already awarded Vietnam Service Medal.

7.  Records show the applicant should have discovered the alleged error or injustice now under consideration on 1 April 1974; therefore, the time for the applicant to file a request for correction of any error or injustice expired on 
31 March 1977.  Although the applicant did not file within the ABCMR's statute of limitations, it is appropriate to waive failure to timely file based on the relief being granted in this case.

BOARD VOTE:

___JS___  __DH ___  ___JH___  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant a recommendation for relief and to excuse failure to timely file.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

a.  showing the award of the Air Medal and the Expert Marksmanship Qualification Badge with Machinegun Bar; 

b.  awarding him the Meritorious Unit Commendation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation; 

c.  deleting the incorrectly abbreviated entry for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation on the individuals DD Form 214; and adding the correct entry; and

d.  showing three bronze service stars to be affixed to his already awarded Vietnam Service Medal.





_______John Slone_________
          CHAIRPERSON




INDEX

CASE ID
AR20060012261
SUFFIX

RECON
YYYYMMDD
DATE BOARDED
20070419
TYPE OF DISCHARGE
(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE
YYYYMMDD
DISCHARGE AUTHORITY
AR . . . . .  
DISCHARGE REASON

BOARD DECISION
GRANT PLUS
REVIEW AUTHORITY
AR 15-185
ISSUES         1.
107.0014.0000 (Sec1130Ltr)
2.
107.0018.0000
3.
107.0034.0000
4.
107.0056.000 (NFC)
5.
107.0095.0000
6.
107.0094.0000 (correct typo)
7.
107.0073.0000 (add bronze service stars)
8.
107.0108.0000
9.
110.0400.0000