BOARD DATE:	  10 August 2010

		DOCKET NUMBER:  AR20100007592 


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 Air Medal and Presidential Unit Citation. 

2.  The applicant states he received an Air Medal for his service in the Republic of Vietnam and his brigade, part of the 1st Calvary Division, was awarded the Presidential Unit Citation. 

3.  The applicant provides the following documents:

	a.  an Air Medal certificate; 

	b.  an excerpt from a unit website describing the unit awards received for its service in the Republic of Vietnam; and

	c.  a DD Form 214 with a separation date of 21 July 1967. 

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 enlisted in the Regular Army on 17 July 1964 for a 3 year period.  He completed his initial entry training requirements and was awarded military occupational specialty 11B (Light Weapons Infantryman).

3.  The applicant's DA Form 20 (Enlisted Qualification Record) shows he served in the Republic of Vietnam from 20 August 1965 to on or about 19 November 1966 serving with Company C, 1st Battalion (Airborne), 8th Calvary, 1st Cavalry Division (Air Mobile).  

4.  General Orders Number 3071 published on 2 September 1966 by Headquarters, 1st Calvary Division (Airmobile) awarded the applicant the Air Medal.

5.  Item 41 (Awards and Decorations) of the applicant's DA Form 20 does not show award of the Air Medal and Presidential Unit Citation. 

6.  On 21 July 1967, the applicant was honorably released from active duty and transferred to the U.S. Army Reserve Control Group (Reinforcement) to complete his statutory service obligation.  His DD Form 214 shows he completed 3 years of active service.  

7.  Item 24 (Decorations, Medal, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 shows the following awards and decorations:

* Parachutist Badge
* Expert Marksmanship Qualification Badge with Machine Gun
* Combat Infantryman Badge 
* Vietnam Service Medal
* Overseas Service Bar (1st Award)
* Marksman Marksmanship Qualification Badge with Rifle Bar

8.  References: 

	a.  Army Regulation 600-8-22 provides 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.  Appendix B of this regulation shows the campaigns for Vietnam.  This regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.  During the applicant's tour in Vietnam, he participated in three campaigns:

* Vietnam Defense (8 March 1965 - 24 December 1965)
* Vietnam Counteroffensive (25 December 1965 - 30 June 1966)
* Vietnam Counteroffensive, Phase II (1 July 1966 - 31 May 1967

	b.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in the Republic of Vietnam.  This document shows that the unit to which the applicant was assigned was awarded the:

* Presidential Unit Citation for the period 23 October to 26 November 1965 by Department of the Army General Orders (DAGO) Number 40, dated 1967
* Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 9 August 1965 to 19 May 1969 by DAGO Number 59, dated 1969

DISCUSSION AND CONCLUSIONS:

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

2.  Records show the applicant's unit received the President Unit Citation and the Republic of Vietnam Gallantry Cross with Palm Unit Citation during his tour of duty in the Republic of Vietnam.  Therefore, he is entitled to correction of his DD Form 214 to show these two unit awards.

3.  Records show the applicant was awarded the Vietnam Service Medal. Records also show he participated in three campaigns while serving in the Republic of Vietnam.  Therefore, he is entitled to three bronze service stars to be affixed to his previously-awarded Vietnam Service Medal.



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.  removing from item 24 of his DD Form 214 the Vietnam Service Medal

	b.  adding to item 24 of his DD Form 214 the:

* Air Medal
* Vietnam Service Medal with three bronze service stars
* Presidential Unit Citation 
* Republic of Vietnam Gallantry Cross with Palm Unit Citation



      _______ _   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)                                         AR20100007592





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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


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ABCMR Record of Proceedings (cont)