IN THE CASE OF:	  

		BOARD DATE:	  15 October 2008

		DOCKET NUMBER:  AR20080010331 


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, correction to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show his award of the Army Commendation Medal. 

2.  The applicant states, in effect, that he was awarded the Army Commendation Medal and it should be shown on his DD Form 214.  He also states that he was awarded the Air Medal and this award is shown on his DD Form 214.  The National Personnel Records Center shows entitlement to award of the Army Commendation Medal, but not the Air medal.  He feels that he deserves his records to be corrected.  

3.  In support of his application, the applicant provides copies of his DD Form 214 and the first page of his letter from the National Personnel Records Center NPRC, St. Louis, Missouri.

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 records show he enlisted in the Regular Army, in pay grade E-1, effective 5 August 1969, for 2 years.  He completed basic and advanced training in military occupational specialty 11B, Light Weapons Infantryman.  He served in the Republic of Vietnam from 8 January 1970 to 29 September 1970, with Company B, 2nd Battalion, 5th Calvary, 1st Calvary Division (Airmobile), for three campaigns.

3.  The applicant's records contain Headquarters, 1st Cavalry Division (Airmobile) General Orders Number 8780, dated 28 May 1970, which awarded him the Army Commendation Medal, for meritorious achievement in connection with military operations against a hostile force, in the Republic of Vietnam, from 21 March 1970 to 23 March 1970.  This award is not shown on his DD Form 214. 

4.  The applicant was discharged from active duty, in pay grade E-4, on 30 September 1970, and issued a general, under honorable conditions, discharge.  The Army Discharge Review Board upgraded his discharge to honorable on 27 May 1977.

5.  Entries on the applicant’s DD Form 214, Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) list the following awards:  the National Defense Service Medal, the Vietnam Service Medal, the Republic of Vietnam Campaign Medal, the Air Medal, and the Combat Infantryman Badge.

6.  The applicant's DA Form 20 (Enlisted Qualification Record), Item 41 (Awards and Decorations) shows the applicant received the Sharpshooter Marksmanship Qualification Badge, with Rifle Bar, and the Sharpshooter Marksmanship Qualification Badge, with Automatic Rifle Bar.  These awards are not shown on his DD Form 214.

7.  The applicant submitted a copy of his letter from the National Personnel Records Center, dated 16 September 2004, wherein he was advised that he was entitled to the following awards:  the Army Commendation Medal; the National Defense Service Medal, the Vietnam Service Medal, with one bronze service star; the Combat Infantryman Badge; the Republic of Vietnam Campaign Medal, with Device 60; the Sharpshooter Marksmanship Qualification Badge, with Rifle Bar; and the Sharpshooter Marksmanship Qualification Badge, with Automatic Rifle Bar. 

8.  Department of the Army Pamphlet 672-3 shows that, at the time of the applicant’s assignment with Company B, 2nd Battalion, 5th Calvary, 1st Calvary Division (Airmobile) it was cited for award of the Valorous Unit Award, by Headquarters, Department of the Army General Order Number 43, dated 1972, and the Republic of Vietnam Gallantry Cross, with Palm, Unit Citation, by Headquarters, Department of the Army General Order Number 42, dated 1972. 

9.  Army Regulation 600-8-22 (Military Awards) authorizes a bronze service star, based on qualifying service, for each campaign listed in Appendix B of this regulation and states that authorized bronze service stars will be worn on the appropriate campaign or service medal including the Vietnam Service Medal.

DISCUSSION AND CONCLUSIONS:

1.  The evidence shows the applicant was awarded the Army Commendation Medal, for meritorious achievement in connection with military operations against a hostile force, in the Republic of Vietnam, from 21 to 23 March 1970.  This award is not shown on his DD Form 214; therefore, it would be appropriate to add this award to his DD Form 214.

2.  The evidence also confirms that the applicant was awarded the Sharpshooter Marksmanship Qualification Badge, with Rifle Bar, and the Sharpshooter Marksmanship Qualification Badge, with Automatic Rifle Bar.  These awards are not shown on the applicant’s DD Form 214.  It would therefore be appropriate to add these awards to his DD Form 214 at this time. 

3.  The evidence further confirms that the applicant is entitled to award of the Valorous Unit Award; the Republic of Vietnam Gallantry Cross, with Palm, Unit Citation; and three bronze service stars to be affixed to his already-awarded Vietnam Service Medal.  These awards are not shown on the applicant's DD Form 214.  It would therefore be appropriate to add these awards to his DD Form 214 at this time. 

4.  In view of the foregoing, the applicant’s records should be corrected as recommended below.

BOARD VOTE:

____x___  ___x____  ___x____  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:

	a.  by adding the applicant’s already-awarded the Army Commendation Medal; the Sharpshooter Marksmanship Qualification Badge, with Rifle Bar; and the Sharpshooter Marksmanship Qualification Badge, with Automatic Rifle Bar; 

   b.  by awarding the applicant the Valorous Unit Award; the Republic of Vietnam Gallantry Cross, With Palm, Unit Citation; and three bronze service stars, to be affixed to his already-awarded Vietnam Service Medal; and

	c.  by adding these awards to the list of awards shown on the applicant's DD Form 214 and providing him a corrected separation document that includes these awards.




      _______ _ 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)                                         AR20080010331



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ABCMR Record of Proceedings (cont)                                         AR20080010331


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