RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  18 March 2008
	DOCKET NUMBER:  AR20070014228 


	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.


Ms. Catherine C. Mitrano

Director

Mr. Dean L. Turnbull

Analyst

The following members, a quorum, were present:


Mr. Richard T. Dunbar

Chairperson

Mr. Gerald J. Purcell

Member

Ms. Rea M. Nuppenau

Member

	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 that Item 12 (Last Unit Assignment and Major Command) and Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form  
214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected.  Also, he requests the awards of the Bronze Star Medal and Soldiers Medal.

2.  The applicant states, in effect, that Item 12 of his DD Form 214 should be corrected to show Headquarters and Headquarters Company (HHC),  
2nd Battalion, (Airmobile), 327th Infantry and Item 24 of his DD Form 214 should have the awards of the Bronze Star Medal and Soldiers Medal added.

3.  The applicant provides a copy of his DD Form 214, Republic of Vietnam Certificate of Service, Headquarters, 101st Airborne Division (Airmobile), General Orders Number 5671 dated 8 July 1971, and General Orders Number  
7891 dated 26 July 1971.

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 military personnel record shows he was inducted into the Army of the United States on 25 June 1969.  He completed the necessary training and was awarded the military occupational specialty (MOS) 11C (Indirect Fire Infantryman).

3.  Item 38 (Record of Assignments) of his DA Form 20 (Enlisted Qualification Record) shows he served his last assignment with HHC, 2nd Battalion,  
327th Infantry in the Republic of Vietnam.
4.  The applicant was honorably released from active duty and transferred to the U.S. Army Reserve Control Group (Annual Training), St. Louis, Missouri on  
28 June 1971.  He had completed 1 year, 7 months and 4 days of active service.

5.  Item 12 of his DD Form 214 shows the entry "HHC, 2nd Battalion (Airmobile) 377th Infantry."

6.  Item 24 of his DD Form 214 shows the awards of the National Defense Service Medal, Vietnam Service Medal, and Sharpshooter Marksmanship Qualification Badge with Rifle Bar.  However, it does not show the award of the Bronze Star Medal and Soldiers Medal.

7.  The Republic of Vietnam Certificate of Service shows that he served in combat with the "No Slack" Battalion, 2nd Battalion (Airborne), 327th Infantry, 101st Infantry Division.

8.  Headquarters, 101st Airborne Division (Airmobile), General Orders Number 5671 dated 8 July 1971, shows he was awarded the Soldiers Medal and General Orders Number 7891 dated 26 July 1971 shows he was awarded the Bronze Star Medal.

9.  A Review of the applicant's records indicates entitlement to additional awards and decorations not shown in item 24 of his DD Form 214.

10.  Army Regulation 672-5-1 (Military Awards), in effect at the time when the service member was discharged, required that throughout a qualifying period of service for award of the Army Good Conduct Medal the enlisted person must have had all “excellent” conduct and efficiency ratings and no convictions by a court-martial.  This period is 3 years except in those cases when the period for the first award ends with the termination of a period of Federal military service.

11.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, for award of the Republic of Vietnam Campaign Medal.  This medal was awarded by the Government of Vietnam to all members of the Armed Forces of the United States for qualifying service in Vietnam during the period 1 March 1961 through 28 March 1973.  Qualifying service included assignment in Vietnam for 6 months or more.  Qualifying service outside the geographical limits of the Republic of Vietnam required the individual to provide direct combat support to the Republic of Vietnam and Armed Forces.  Individuals who had qualified for award of the Vietnam Service Medal or the Armed Forces Expeditionary Medal and were evacuated prior to completing six months of service due to wounds resulting from hostile action were entitled to award of the Republic of Vietnam Campaign Medal.

12.  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 2nd Battalion, 327th Infantry was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation, based on Department of the Army General Order Number 6, dated 1974.

13.  The applicant's records show that he was awarded the Vietnam Service Medal.  However, his DD Form 214 does not show any bronze service stars indicating campaign credit.

14.  Appendix B of Army Regulation 600-8-22 shows that based on the applicant's dates of service in the Republic of Vietnam, he participated in the Sanctuary Counteroffensive (1 May 1970 to 30 June 1970) and Vietnam Counteroffensive Phase VII (1 July 1970 to 30 June 1971).  This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that Item 12 of his DD Form 214 should be corrected to show HHC, 2nd Battalion, (Airmobile), 327th Infantry and Item 24 of his DD Form 214 the awards of the Bronze Star Medal and the Soldiers Medal.

2.  Item 38 of his DD Form 214 shows that his last assignment was with HHC, 2nd Battalion, 327th Infantry in the Republic of Vietnam.  Therefore, he is entitled to correction of his records to show in Item 12 of his DD Form 214 HHC,  
2nd Battalion, 327th Infantry.

3.  Orders show that the applicant was awarded the Bronze Star Medal and the Soldiers Medal.  Therefore, he is entitled to correction of his records to show these awards.

4.  Records show he is authorized the Army Good Conduct Medal first award for the period 25 November 1969 to 28 June 1971 for completion of a period of qualifying service of less than three years, but more than one year, ending with the termination of a period of Federal military service.  His records do not contain any adverse information and he received conduct and efficiency ratings of “excellent” throughout his service.  Therefore he is entitled to correction of his records to show this award.
5.  Orders show that while the applicant was assigned to 2nd Battalion,  
327th Infantry, the unit was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  Therefore, he is entitled to correction of his records to show this foreign unit award.

6.  Evidence shows the applicant is authorized the award of the Republic of Vietnam Campaign Medal.  Therefore, he is entitled to correction of his records to show this foreign unit award.

7.  Evidence shows the applicant was credited with participating in two campaigns during his service in the Republic of Vietnam.  Therefore, he is entitled to correction of his record to show two bronze service stars to be affixed to the Vietnam Service Medal.

BOARD VOTE:

__RMN__  __GTP__  __RTD___  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.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing in Item 12 of his DD Form 214 HHC, 2nd Battalion, 327th Infantry (Airmobile), the awards of the Bronze Star Medal, Soldiers Medal, Army Good Conduct Medal first award for the period 25 November 1969 to 28 June 1971 for completion of a period of qualifying service of less than three years, but more than one year, ending with the termination of a period of Federal military service, Republic of Vietnam Gallantry Cross with Palm Unit Citation, Republic of Vietnam Campaign Medal, and two bronze service stars to be affixed to his Vietnam Service Medal.



____Richard T. Dunbar____
          CHAIRPERSON
INDEX

CASE ID
AR
SUFFIX

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

BOARD DECISION
(NC, GRANT , DENY, GRANT PLUS)
REVIEW AUTHORITY

ISSUES         1.

2.

3.

4.

5.

6.