IN THE CASE OF:	

		BOARD DATE:	13 August 2009  

		DOCKET NUMBER:  AR20090004498 


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 of his DD Form 214 (Report of Transfer or Discharge) to show award of the Vietnam Service Medal, the National Defense Service Medal, the Republic of Vietnam Campaign Medal with Device (1960), the Combat Infantryman Badge, the Bronze Star Medal with "V" Device with First Oak Leaf Cluster, the Soldier's Medal, the Valorous Unit Award, the Cold War Recognition Certificate, and an unspecified marksmanship qualification badge.

2.  The applicant states that these awards are not on his DD Form 214. 

3.  The applicant provides orders for the Valorous Unit Award; page 4 of his DA Form 20 (Enlisted Qualification Record); orders for the Marksman Marksmanship Qualification Badge with Pistol Bar; the Soldier's Medal, and the Bronze Star Medal with "V" Device; an award certificate for the Bronze Star Medal with First Oak Leaf Cluster; and a copy of his DD Form 214 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 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.  With regard to the applicant's request for the Cold War Recognition Certificate, the award of the Cold War Recognition Certificate is not governed by the provisions of Army Regulation 600-8-22 (Military Awards) and, as a result, is not shown on a discharge document.  In accordance with section 1084 of the Fiscal Year 1998 National Defense Authorization Act, the Secretary of Defense approved awarding the Cold War Recognition Certificate to all members of the 
armed forces and qualified federal government civilian personnel who faithfully and honorably served the United States anytime during the Cold War era, which is defined as 2 September 1945 to 26 December 1991.  The applicant may submit a request in writing to Commander, U. S. Army Human Resources Command, Cold War Recognition, Hoffman II, ATTN:  AHRC-CWRS, Room 3N45, 200 Stovall Street, Alexandria, VA  22332-0473.  Based on this information, the applicant’s request for the Cold War Recognition Certificate will not be discussed further in these proceedings.

3.  The applicant was inducted on 24 March 1966.  He arrived in Vietnam on 
14 September 1966.  He served as an infantry direct fire crewman assigned to Headquarters and Headquarters Company, 1st Battalion, 26th Infantry in Vietnam from 20 September 1966 through 6 November 1966.  He was assigned to Company B, 1st Battalion, 26th Infantry in Vietnam from 7 November 1966 through 23 March 1968.  On 23 March 1968, he was released from active duty and transferred to the U.S. Army Reserve Control Group (Annual Training) to complete his remaining service obligation. 

4.  The applicant's DD Form 214 shows the entry "NA" [Not applicable] in item 
24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized).  

5.  A DD Form 215 (Correction to DD Form 214), dated 27 July 2004, amended the applicant's DD Form 214 by adding the Bronze Star Medal with "V" Device with First Oak Leaf Cluster, the Combat Infantryman Badge, the National Defense Service Medal, the Republic of Vietnam Campaign Medal with Device (1960), the Soldier's Medal, the Vietnam Service Medal, and the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  Therefore, this portion of the applicant's requests will not be discussed further in these proceedings.  A copy of the DD Form 215 will be sent to the applicant.  


6.  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 the 1st Battalion, 26th Infantry was awarded the Valorous Unit Award for actions on 1 April 1967 based on Department of the Army General Orders Number 37, dated 1970.

7.  Department of the Army Pamphlet 672-3 also shows the 1st Battalion, 
26th Infantry was awarded the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation based on Department of the Army General Orders Number 53, dated 1970.

8.  Orders show the applicant received the Expert Marksmanship Qualification Badge with Recoilless Rifle Bar, the Sharpshooter Marksmanship Qualification Badge with Rifle Bar, and the Marksman Marksmanship Qualification Badge with Pistol Bar.

9.  Records show the applicant participated in three campaigns during his assignment in Vietnam. 

10.  Headquarters, 1st Infantry Division General Orders Number 3514, dated 
15 April 1968, show the applicant received the first award of the Good Conduct Medal.  

11.  Army Regulation 600-8-22 (Military Awards), in pertinent part, authorizes award of 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 service medal.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's unit (1st Battalion, 26th Infantry) was cited for award of the Valorous Unit Award and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation while he was assigned to it.  Therefore, his DD Form 214 should be corrected to show these unit awards.

2.  Orders show the applicant received the Expert Marksmanship Qualification Badge with Recoilless Rifle Bar, the Sharpshooter Marksmanship Qualification Badge with Rifle Bar, and the Marksman Marksmanship Qualification Badge with Pistol Bar.  Therefore, his DD Form 214 should be corrected to show these marksmanship badges.

3.  Orders show the applicant received the Good Conduct Medal.

4.  The applicant participated in three campaigns during his assignment in Vietnam which entitles him to award of the Vietnam Service Medal with three bronze service stars.  Therefore, his DD Form 214 should be corrected to show this award.

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 adding the Valorous Unit Award, the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, the Expert Marksmanship Qualification Badge with Recoilless Rifle Bar, the Sharpshooter Marksmanship Qualification Badge with Rifle Bar, the Marksman Marksmanship Qualification Badge with Pistol Bar, the Good Conduct Medal, and three bronze service stars for wear on his already-awarded Vietnam Service Medal on 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)                                         AR20090004498



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ABCMR Record of Proceedings (cont)                                         AR20090004498



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