IN THE CASE OF:	

		BOARD DATE:	  6 NOVEMBER 2008

		DOCKET NUMBER:  AR20080012888 


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 the Vietnam Service Medal, the Combat Infantryman Badge, and the Marksman Marksmanship Qualification Badge with Automatic Rifle Bar be added to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).

2.  The applicant states, in effect, that these awards were omitted from his DD Form 214.

3.  In support of his request, the applicant provides a copy of his DD Form 214; and a copy of a letter he received from the National Personnel Records Center, St. Louis, Missouri, dated 11 February 2008.

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 records show he enlisted in the Regular Army on 25 April 1968.  He completed basic combat training at Fort Jackson, South Carolina, and his advanced individual training at Fort Gordon, Georgia.  After completing all required training, he was awarded the military occupational specialty (MOS), 11B (Light Weapons Infantryman).

3.  The applicant served in Vietnam from 10 May 1969 through 13 August 1969 with Company C, 1st Battalion, 503rd Infantry Regiment, 173rd Airborne Brigade.

4.  The applicant was honorably released from active duty on 27 April 1970, under the provisions of Army Regulation 635-200, at the expiration of his term of service.  He was separated in the rank and pay grade of Sergeant, E-5.  On the date he was released from active duty, he had completed 2 years active military service with 3 days time lost due to absence without leave.

5.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 shows he was awarded the National Defense Service Medal and the Parachutist Badge.  No other awards or decorations are shown on the applicant's DD Form 214.

6.  The evidence shows the applicant served in Vietnam; however, he was released from active duty on temporary records and therefore, his service was not summarized completely and fully.

7.  The applicant's DD Form 214 does not show entitlement to the Vietnam Service Medal and the bronze service stars to which he is entitled for his campaign participation.

8.  While in Vietnam, the applicant participated in the following two campaigns:  the Tet 69 Counteroffensive, 1969 which extended from 23 February through
8 June 1969; and the Vietnam Summer-Fall 1969 which extended from 9 June through 31 October 1969.

9.  The applicant was awarded the Combat Infantryman Badge in Special Orders Number 193, published by Headquarters, 173d Airborne Brigade, on 12 July 1969.  This badge is not shown on the applicant's DD Form 214.


10.  Department of the Army (DA) Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register), dated 29 January 1988, which lists unit awards received by units serving in Vietnam, shows that the unit the applicant was assigned to was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation, for the period 5 May 1965 through 26 September 1970, by Department of the Army General Order (DAGO) Number 51, dated 1971; and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, for the period 15 April 1969 through 16 March 1971, by DAGO 5, dated 1973.

11.  The applicant was awarded the Marksman Marksmanship Qualification Badge with Rifle Bar [M-14 Rifle], in Special Orders Number 113, published by Headquarters, 2d Basic Combat Training Brigade, USATC (US Army Training Center), Fort Gordon, Georgia, on 11 June 1968.  This marksmanship qualification badge is not shown on the applicant's DD Form 214.

12.  The applicant was awarded the Expert Marksmanship Qualification Badge, with Automatic Rifle Bar [M-16 Rifle], in Special Orders Number 115, published by Headquarters, 2d Basic Combat Training Brigade, USATC, Fort Gordon, on
14 June 1968.  This marksmanship qualification badge is not shown on the applicant's DD Form 214.

13.  The applicant was awarded the Expert Marksmanship Qualification Badge with Machinegun Bar (M-60 Machinegun) in Special Orders Number 181, published by Headquarters, 3d Advanced Individual Training Brigade, USATC, Fort Gordon, dated 9 September 1968.  The badge was identified at the time on these orders as the First Class Badge with Machinegun Bar.

14.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, for award of the Vietnam Service Medal.  This medal is awarded to all members of the Armed Forces of the United States for qualifying service in Vietnam after 3 July 1965 through 28 March 1973.  Qualifying service included attachment to or assignment for 1 or more days with an organization participating in or directly supporting military operations.

15.  Army Regulation 600-8-22, in pertinent part, authorizes award of a bronze service star, based on qualifying service, for each campaign listed in its Appendix B and states that authorized bronze service stars will be worn on the appropriate service medal, in this case, the Vietnam Service Medal.

16.  Army Regulation 670-1, chapter 29, prescribes policy and guidance for wear of U.S. and foreign unit awards.  This regulation states that a Soldier may wear the unit award permanently if the individual was assigned to, and present for duty 
with the unit any time during the period cited; or was attached by competent orders to, and present for duty with the unit during the entire period, or for at least thirty consecutive days of the period cited.

DISCUSSION AND CONCLUSIONS:

1.  The applicant served in Vietnam from 10 May 1969 through 13 August 1969.  In this time he participated in two campaigns of the Vietnam War.  He is therefore entitled to award of the Vietnam Service Medal with two bronze service stars and to have this award added to his DD Form 214.

2.  The applicant was awarded the Combat Infantryman Badge while he served in Vietnam.  This badge is not shown on his DD Form 214.  He is entitled to have this badge added to his DD Form 214.

3.  The applicant served in a unit which was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation while he was a member of the unit.  He is entitled to these unit awards and to have them added to his DD Form 214.

4.  The applicant was awarded the Marksman Marksmanship Qualification Badge with Rifle Bar, the Expert Marksmanship Qualification Badge with Automatic Rifle Bar, and the Expert Marksmanship Qualification Badge with Machinegun Bar while he served on active duty.  These qualification badges are not shown on his DD Form 214.  He is entitled to have these badges added to his DD Form 214.

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 by:

   a.  adding the already-awarded Combat Infantryman Badge, the Marksman Marksmanship Qualification Badge with Rifle Bar, the Expert Marksmanship Qualification Badge with Automatic Rifle Bar, and the Expert Marksmanship Qualification Badge with Machinegun Bar to the applicant's DD Form 214;

   b.  showing award of the Vietnam Service Medal with two bronze service stars and adding this award to the applicant's DD Form 214; and
      
   c.  showing award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, and adding these unit awards 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)                                         AR20080012888



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ABCMR Record of Proceedings (cont)                                         AR20080012888



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