IN THE CASE OF:	 

		BOARD DATE:	  25 February 2010

		DOCKET NUMBER:  AR20090014402 


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 Air Medal (AM) be added to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).

2.  The applicant states, in effect, he believed the Army Commendation Medal (ARCOM) listed on his DD Form 214 was the AM; however, he learned later that he was awarded the ARCOM before he departed the Republic of Vietnam (RVN), but never received the medal set.

3.  The applicant provides his DD Form 214, AM orders, and an electronic mail message 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.  The applicant's record shows he was inducted into the Army of the United States and entered active duty on 28 December 1965.  He was trained in and awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman).

3.  The applicant's DA Form 20 (Enlisted Qualification Record) shows he served in the RVN from 18 August 1966 through 13 August 1967.  Item 38 (Record of Assignments) shows that during his RVN tour, he was assigned to Company C, 1st Battalion, 7th Cavalry Regiment, 1st Calvary Division, performing duties in MOS 11B as a rifleman and squad leader.

4.  Item 41 (Awards and Decorations) of the applicant's DA Form 20 shows he earned the following awards during his active duty tenure:  Vietnam Service Medal (VSM), National Defense Service Medal (NDSM), RVN Campaign Medal (RVNCM), Combat Infantryman Badge (CIB), AM, Army Good Conduct Medal (AGCM), and one overseas service bar.

5.  The applicant's record contains Headquarters, 1st Armored Division (Old Ironsides), Special Orders Number 53, dated 1 March 1966, which awarded him the Expert Marksmanship Qualification Badge with Rifle Bar (M-14).

6.  The applicant's record also contains Headquarters, 1st Cavalry Division (Airmobile), General Orders Number 4186, dated 21 July 1967, which awarded him the AM for meritorious achievement while participating in aerial flight during the period August 1966 to July 1967.

7.  On 14 December 1967, the applicant was honorably released from active duty in the rank of sergeant/E-5 after completing a total of 1 year, 11 months, and 17 days 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 AGCM, CIB, RVNCM, ARCOM, NDSM, VSM, and one overseas service bar.

8.  Army Regulation 600-8-22 (Military Awards) prescribes the Army's awards policy.  Paragraph 2-13 of this regulation contains guidance on the VSM.  It states, in pertinent part, that a bronze service star is authorized for each RVN campaign a member is credited with participating in.  Table B-1 contains a list of RVN campaigns and shows that during the applicant's tenure of assignment in the RVN, participation credit was granted for the Vietnam Counteroffensive Phase II from 1 July 1966 through 31 May 1967 and the Vietnam Counteroffensive Phase III from 1 June 1967 through 29 January 1968 campaigns.

9.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows that during the applicant's tenure of assignment in the RVN his unit, 1st Battalion, 7th Cavalry Regiment, was awarded the RVN Gallantry Cross with Palm Unit Citation by Department of the Army General Order Number 59, dated 1969.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that the AM should be added to his DD Form 214 was carefully considered and found to have merit.  The applicant's record contains orders that awarded him the AM for meritorious achievement while participating in aerial flight during the period August 1966 through July 1967.  As a result, it would be appropriate to add this award to his DD Form 214 at this time.

2.  The evidence of record further confirms the applicant was awarded the Expert Marksmanship Qualification Badge with Rifle Bar based on his qualification with the M-14 rifle and that based on his RVN service and campaign participation, he is eligible for the RVN Gallantry Cross with Palm Unit Citation and two bronze service stars with his VSM.  Therefore, it would also be appropriate to add these awards and decorations to his DD Form 214 at this time.

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.  amending item 24 of his DD Form 214 by adding the Air Medal, Republic of Vietnam Gallantry Cross with Palm Unit Citation, Expert Marksmanship Qualification Badge with Rifle Bar (M-14), and two bronze service stars to his already-awarded Vietnam Service Medal;

	b.  by providing him a correction to his DD Form 214 that reflects these changes; and

	c.  by issuing to him an Army Commendation Medal set.



      ____________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)                                         AR20090014402



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ABCMR Record of Proceedings (cont)                                         AR20090014402



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