IN THE CASE OF:	  

		BOARD DATE:	  11 May 2010

		DOCKET NUMBER:  AR20100000276 


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 the Vietnam Service Medal and the Combat Infantryman Badge. 

2.  The applicant states he was denied benefits because the above awards were not listed on his DD Form 214.  The above awards are on his DA Form 20 (Enlisted Qualification Record).  He also states this information is required to be on his DD Form 214 in order for him to continue in group therapy.  

3.  In support of his application, the applicant provides copies of his DA Form 20 and 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 records show he enlisted in the Regular Army (RA) in pay grade E-1 on 23 July 1965.  He completed training and was awarded military occupational specialty 11C (Infantry Indirect Fire Crewman).  On 23 August 1967, he reenlisted in the RA for 6 years.  

3.  He served in Vietnam from 31 January 1966 to 1 September 1967 with Headquarters and Headquarters Company, 1st Battalion, 2nd Infantry (5 February to 27 July 1966); Headquarters, Headquarters and Service Battery, 8th Battalion, 6th Artillery (28 July to 25 December 1966); and Headquarters and Headquarters Company, 1st Battalion, 2nd Infantry (26 December 1966 to 23 August 1967) during three campaigns.

4.  His records contain General Orders Number 161, dated 10 June 1966, showing he was awarded the Combat Infantryman Badge.  His records also contain General Orders Number 956, dated 8 February 1967, showing he was awarded the Army Commendation Medal for meritorious achievement from
12 July to 26 December 1966.

5.  On 22 August 1973, he was honorably released from active duty in pay grade E-6 at the expiration term of service.  

6.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 lists the following awards:  the Expert Infantryman Badge, the Good Conduct Medal (3rd Award), and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16).  

7.  The applicant's original DA Form 20 shows in Item 41 (Awards and Decorations) he was awarded the Parachutist Badge, the Vietnam Service Medal, the Combat Infantryman Badge, the Republic of Vietnam Campaign Medal, the Army Commendation Medal, the National Defense Service Medal, the Good Conduct Medal, the Expert Infantryman Badge, the Good Conduct Medal (3rd Award), and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16).  

8.  Army Regulation 600-8-22 (Military Awards) authorizes 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 campaign or service medal including the Vietnam Service Medal.  



9.  Department of the Army Pamphlet 672-3 shows the applicant’s unit, the 1st Battalion, 2nd Infantry, was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation, for service from 12 July 1965 to 16 October 1968, based on Department of the Army General Orders Number 21, dated 1969; and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, for service from 1 October 1965 to 7 April 1970, based on Department of the Army General Orders Number 53, dated 1970.

10.  Department of the Army Pamphlet 672-3 shows the applicant’s unit, the 8th Battalion, 6th Artillery, was awarded the Meritorious Unit Commendation, for service from 1 June to 31 December 1966, based on Department of the Army General Orders Number 39, dated 1970.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 should be corrected to show award of the Vietnam Service Medal and the Combat Infantryman Badge.  The evidence shows at the time he was honorably discharged on 22 August 1973 he was issued a DD Form 214 showing the following awards:  the Expert Infantryman Badge, the Good Conduct Medal (3rd Award), and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16).  The evidence also shows he was also awarded the Vietnam Service Medal with three bronze service stars, the Combat Infantryman Badge, the Parachutist Badge, the Republic of Vietnam Campaign Medal, the Army Commendation Medal, and the National Defense Service Medal.  Therefore, he is entitled to correction to his DD Form 214 to list all of his awards.

2.  General orders also show the applicant is entitled to award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, and the Meritorious Unit Commendation for his assignments with the 1st Battalion, 2nd Infantry, and the 8th Battalion, 6th Artillery.

3.  In view of the foregoing, the applicant’s records should be corrected as recommended 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 all Department of the Army records of the individual concerned be corrected by:

   a.  adding to Item 24 of the applicant’s DD Form 214 the following awards:  the Parachutist Badge, the Vietnam Service Medal with three bronze service stars, the Combat Infantryman Badge, the Republic of Vietnam Campaign Medal, the Army Commendation Medal, the National Defense Service Medal, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, and the Meritorious Unit Commendation; and 
   
   b.  providing him a document that shows the above corrections.



      _______ _   _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)                                         AR20100000276



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ABCMR Record of Proceedings (cont)                                         AR20100000276



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