IN THE CASE OF:	

		BOARD DATE:	  01 June 2010

		DOCKET NUMBER:  AR20090020212 


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 correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show award of the Army Commendation Medal, Meritorious Unit Commendation, Republic of Vietnam (RVN) Gallantry Cross with Palm Unit Citation, Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, and any marksmanship badges he is authorized.

2.  The applicant states he recently learned his unit received awards that he was unaware of.  He also states that he believes his records contain the documents verifying he was awarded these medals and citations.

3.  The applicant provides his DD Form 214, DD Form 256A (Honorable Discharge Certificate), an Army Commendation Medal certificate, and Special Orders Number 275.

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 accepted an appointment as a Reserve Commissioned Officer in the rank/grade of second lieutenant (2LT)/O-1 on 5 June 1964 and he was ordered to active duty from the U.S. Army Reserve (USAR) on 13 October 1964.  He was awarded specialty 5505 (information officer).  The highest rank/grade he held was first lieutenant (1LT)/O-2.

3.  The applicant's DA Form 66 (Officer Qualification Record) shows he served in the RVN during the period 18 February to 2 October 1966.  This form also shows he was:

	a.  assigned to Headquarters and Headquarters Company, 2d Brigade,
25th Infantry Division performing duties as an assistant press officer during the period of 6 March to 14 June 1966; and 

	b.  attached to the 25th Administration Company, 25th Infantry Division performing duties as an information officer during the period of 15 June to 1 October 1966.

4.  General Orders Number 1173, Headquarters, 25th Infantry Division, dated     4 October 1966, awarded him the Army Commendation Medal for meritorious service during the period 20 January to 15 September 1966.

5.  The applicant's DD Form 214 shows he was honorably released from active duty on 8 October 1966 and he reverted to the USAR Control Group (Annual Training) to complete his remaining Reserve obligation.  It shows he completed 1 year, 11 months, and 26 days of active service.

6.  Item 26 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows he was awarded the National Defense Service Medal, Vietnam Campaign Medal, and the Vietnam Service Medal.

7.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows that a unit to which the applicant was assigned while serving in the RVN was cited for award of the:

	a.   Meritorious Unit Commendation based on Department of the Army General Orders (DAGO) Number 17, dated 1968;
	b.  RVN Gallantry Cross with Palm Unit Citation based on DAGO Number 48, dated 1971; and

	c.  RVN Civil Actions Honor Medal First Class Unit Citation based on DAGO Number 51, dated 1971.
 
	d.  Valorous Unit Award based on DAGO Number 20, dated 1967.

8.  The applicant's DA Form 66 shows he qualified marksman with the M-14 rifle on 15 September 1965.

9.  The applicant's records show he is entitled to additional awards and decorations which he did not request and are not shown on his DD Form 214.

10.  Appendix B of Army Regulation 600-8-22 shows the campaigns for Vietnam.  During the applicant's tour in Vietnam he participated in the:

* Vietnam Counteroffensive (25 December 1965 - 30 June 1966)
* Vietnam Counteroffensive, Phase II (1 July 1966 - 31 May 1967)

This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.

DISCUSSION AND CONCLUSIONS:

1.  General orders awarded the applicant the Army Commendation Medal.  Therefore, he is entitled to correction of his DD Form 214 to show this award.

2.  General orders awarded the applicant's units the following awards which are not listed on his DD Form 214:

* Valorous Unit Award
* Meritorious Unit Commendation
* RVN Gallantry Cross with Palm Unit Citation
* RVN Civil Actions Honor Medal First Class Unit Citation

Therefore, he is entitled to correction of his DD Form 214 to show these unit awards.

3.  The applicant was awarded the Vietnam Service Medal and he participated in two campaigns while serving in the RVN.  Therefore, he is entitled to correction of his DD Form 214 to show the Vietnam Service Medal with two bronze service stars.
4.  The applicant's DA Form 66 shows he qualified marksman with the M-14 rifle on 15 September 1965.  As such, he is entitled to have the Marksman Marksmanship Qualification Badge with Rifle (M-14) Bar entered on his DD Form 214.

5.  In view of the foregoing, the applicant is entitled to have his records corrected as shown 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 the DD Form 214 of the individual concerned be corrected by:

	a.  deleting from item 26 of his DD Form 214 the Vietnam Service Medal; and

	b.  adding to item 26 of his DD Form 214 the Army Commendation Medal, Vietnam Service Medal with two bronze service stars, Valorous Unit Award, Meritorious Unit Commendation, RVN Gallantry Cross with Palm Unit Citation, and the Marksman Marksmanship Qualification Badge with Rifle (M-14) 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)                                         AR20090020212



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ABCMR Record of Proceedings (cont)                                         AR20090020212



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