IN THE CASE OF:
BOARD DATE: 30 September 2008
DOCKET NUMBER: AR20080004634
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, in effect, that earned awards be added to his separation document (DD Form 214).
2. The applicant states, in effect, that the Army Good Conduct Medal (AGCM),
Vietnam Service Medal (VSM) with 3 bronze service stars, Republic of Vietnam (RVN) Gallantry Cross with Palm Unit Citation, RVN Civil Actions Honor Medal First Class Unit Citation, and the Marksmanship Qualification Badges be added to his DD Form 214.
3. The applicant provides a self-authored statement and the 9 enclosures identified on this statement in support of his application.
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 applicants 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 applicants 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 record shows he was inducted into the Army of the United States and entered active duty on 28 July 1969, and was trained in and awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman). His Enlisted Qualification Record (DA Form 20) shows he served in the RVN from 5 January 1970 through 9 November 1970. Item 38 (Record of Assignments) shows that during his RVN tour, he was assigned to Company B, 2nd Battalion, 14th Infantry Regiment, performing duties in MOS 11B as a rifleman. The list of awards contained in Item 41 (Awards and Decorations) includes the Marksman Marksmanship Qualification Badge with Rifle (M-14 & M-16) Bar.
3. The applicant's record contains orders confirming he qualified as a Marksman with both the M-14 and M-16 rifles; and United States Army Flight Training Center and Fort Stewart, Fort Stewart, Georgia, General Orders Number 210, dated 4 June 1971, awarding him the AGCM for his qualifying period of honorable active duty service from 28 July 1969 through 27 July 1971.
4. On 27 July 1971, the applicant was honorably released from active duty (REFRAD) after completing 2 years of active military service. Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the DD Form 214 he was issued at the time shows he earned the following awards: National Defense Service Medal (NDSM); VSM; RVN Campaign Medal with Device (1960); Air Medal (AM); Army Commendation Medal (ARCOM) 1st Oak Leaf Cluster (2nd Award); Combat Infantryman Badge, and 1 Overseas Service Bar.
5. Army Regulation 600-8-24 (Military Awards) prescribes the Army's award policy. Paragraph 2-13 contains guidance on the VSM and states, in pertinent part, that a bronze service star is authorized with this award for each campaign a member is credited with participating in while serving in the RVN. Table B-1 contains a list of RVN campaigns. It shows that during the applicant's tenure of assignment in the RVN, participation credit was granted for the Vietnam Winter-Spring 1970, Sanctuary Counteroffensive, and Vietnam Counteroffensive Phase VII campaigns.
6. Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) establishes the eligibility of individual members for campaign participation credit, assault landing credit, and unit citation badges awarded during the Vietnam Conflict. It confirms that during his tenure of assignment in the RVN, the applicants unit (2nd Battalion, 14th Infantry Regiment) received the RVN Gallantry Cross with Palm Unit Citation, and RVN Civil Actions Honor Medal First Class Unit Citation.
DISCUSSION AND CONCLUSIONS:
The evidence of record includes orders confirming the applicant's entitlement to the AGCM and the Marksman Marksmanship Qualification Badge with Rifle
(M-14 and M-16) Bar. It also verifies that based on his RVN service and campaign participation, he is entitled to the RVN Gallantry Cross with Palm Unit Citation, RVN Civil Actions Honor Medal First Class Unit Citation, and 3 bronze service stars with his VSM. As a result, it would be appropriate to add these awards to his record and separation document at this time.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
___x____ ___x____ ____x___ 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 amending Item 24 of his DD Form 214 by adding the Army Good Conduct Medal, Republic of Vietnam Gallantry Cross with Palm Unit Citation, Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, Vietnam Service Medal with 3 bronze service stars, and the Marksman Marksmanship Qualification Badge with Rifle (M-14 & M-16) Bar; and by providing him a correction to his separation document that includes these changes.
______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) AR20080004634
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