IN THE CASE OF:	

		BOARD DATE:	  2 April 2009

		DOCKET NUMBER:  AR20080019061 


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 that his Army Commendation Medal be added to his DD Form 214 (Report of Separation from Active Duty) with an effective date of
27 April 1967.

2.  The applicant states the Army Commendation Medal was not included on his DD Form 214 due to an administrative error.

3.  The applicant provides, in support of his application, copies of his citation for the award of the Army Commendation Medal and his DD Form 214.

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 records show he was inducted into the Army of the United States on 27 April 1965.  He completed basic combat and advanced individual training and was awarded military occupational specialty (MOS) 64A (Light Vehicle Driver).

3.  A Certificate, dated 27 November 1965, prepared by Company A, 501st Signal Battalion (Airborne Division), Fort Campbell, KY, certified the applicant qualified as expert with the M-16 rifle on 5 November 1965.

4.  The applicant was assigned to Headquarters and Headquarters Company, 
2nd Battalion (Airborne), 8th Cavalry, 1st Cavalry Division in the Republic of Vietnam during the period from 27 December 1965 to 18 December 1966.

5.  1st Cavalry Division (Airmobile) General Orders Number 216, dated 
20 January 1967, awarded the applicant the Army Commendation Medal for meritorious service during the period from December 1965 to December 1966.

6.  Headquarters, 82nd Airborne Division, Fort Bragg, NC, General Orders Number 72, dated 10 April 1967, awarded the applicant the Army Good Conduct Medal (First Award) for the period from 27 April 1965 to DOSOA [date of separation on or about] 26 April 1967.

7.  On 27 April 1967, the applicant was released from active duty and transferred to the U.S. Army Reserve (USAR) Control Group (Annual Training) to complete his remaining Reserve obligation.  He had completed 2 years and 1 day of active service that was characterized as honorable.

8.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant’s DD Form 214
shows he was awarded or authorized the National Defense Service Medal, the Vietnam Campaign Medal (correctly known as the Republic of Vietnam Campaign Medal with Device (1960)), the Combat Infantryman Badge, and the Parachutist Badge.

9.  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.


10.  Based on the applicant's dates of service in Vietnam, Table B-1 of Army Regulation 600-8-22 shows he served in the Vietnam Counteroffensive Campaign (25 December 1965 - 30 June 1966) and the Vietnam Counteroffensive, Phase II Campaign (1 July 1966 - 31 May 1967).

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

12.  Army Regulation 600-8-22 provides, in pertinent part, for award of the Republic of Vietnam Campaign Medal with Device (1960).  This medal was awarded by the Government of the Republic of Vietnam to all members of the Armed Forces of the United States who served in Vietnam for 6 months during the period from 1 March 1961 through 28 March 1973.  

13.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists campaign participation credit, assault landing credit, unit citation emblems awarded during the Vietnam Conflict, the Grenada Operation, and the period of service subsequent to the Vietnam Conflict up to September 1987.  This document shows that, during the time of the applicant’s assignment to the 2nd Battalion (Airborne), 8th Cavalry, 1st Cavalry Division, the unit was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period from 9 August 1965 to 19 May 1969, based on Department of the Army General Order Number 59, dated 1969.

14.  Army Regulation 600-8-22, in pertinent part, sets forth requirements for award of basic marksmanship qualification badges.  The qualification badge is awarded to indicate the degree in which an individual has qualified in a prescribed record course, and an appropriate bar is furnished to denote each weapon with which the individual has qualified.  The qualification badges are in three classes:  Expert, Sharpshooter, and Marksman.  This regulation also lists the only component bars authorized and includes the rifle bar.  There are no authorized bars for the type of rifle (such as M14 or M16).

DISCUSSION AND CONCLUSIONS:

1.  The applicant's military records contain orders awarding him the Army Commendation Medal and the Army Good Conduct Medal.  Therefore, it is appropriate to include these awards in item 24 of his DD Form 214.

2.  Based on the applicant's service in the Republic of Vietnam, he is authorized the Vietnam Service Medal.  His records show he participated in two campaigns during his service in Vietnam.  Therefore, he is authorized the Vietnam Service Medal with two bronze service stars.  

3.  The medal shown in item 24 of the applicant's DD Form 214 as "Vietnam Campaign" is correctly known as the Republic of Vietnam Campaign Medal with Device (1960).  Therefore, it is appropriate to show this medal correctly as the Republic of Vietnam Campaign Medal with Device (1960) in item 24 of his 
DD Form 214.

4.  Based on the applicant's service with the 2nd Battalion (Airborne), 8th Cavalry, 1st Cavalry Division, he is authorized the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  Therefore, it is appropriate to include this award in item 24 of his DD Form 214.

5.  The Certificate from the 501st Signal Battalion (Airborne Division) certified the applicant qualified as expert with the M-16 rifle.  Therefore, it is appropriate to include this badge in item 24 of 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.  deleting from item 24 of the applicant's DD Form 214 the Vietnam Campaign Medal; and

   b.  adding to item 24 of the applicant's DD Form 214 the Army Commendation Medal, Army Good Conduct Medal, Vietnam Service Medal with two bronze service stars, Republic of Vietnam Campaign Medal with Device (1960), Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Expert Marksmanship Qualification Badge with Rifle Bar.



      __________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)                                         AR20080019061



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ABCMR Record of Proceedings (cont)                                         AR20080019061



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