IN THE CASE OF:	  

		BOARD DATE:	  14 September 2010

		DOCKET NUMBER:  AR20100009911 


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 Good Conduct Medal, Republic of Vietnam Gallantry Cross with Palm Unit Citation, Vietnam Campaign Medal, and unit awards he is authorized as a result of his service in Vietnam.

2.  The applicant states the awards were left off his DD Form 214 upon leaving Vietnam and the Army.

3.  The applicant provides a copy of his DD Form 214, a letter from the National Personnel Records Center, and a copy of his DA Form 20 (Enlisted Qualification Record).

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 was inducted into the Army of the United States on 13 June 1968.  He completed basic combat and advanced individual training and was awarded military occupational specialty 11B (Light Weapons Infantryman).

3.  His records show he served in the Republic of Vietnam from on or about 9 November 1968 to on or about 7 November 1969.  He was assigned to Company C, 1st Battalion, 35th Infantry, 4th Infantry Division.

4.  He was honorably released from active duty in the rank/grade of specialist four/E-4 on 12 June 1970 and transferred to the U.S. Army Reserve Control Group (Annual Training) to complete his remaining service obligation.

5.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the Vietnam Service Medal with three bronze service stars, National Defense Service Medal, Republic of Vietnam Campaign Medal, Air Medal, Combat Infantryman Badge, and Sharpshooter Marksmanship Qualification Badge with Rifle Bar.

6.  Headquarters, 4th Infantry Division, General Orders Number 5633, dated 29 August 1969, awarded him the Army Commendation Medal for meritorious service.

7.  Headquarters, 2nd Armored Division, Fort Hood, TX, General Order Number 760, dated 11 May 1970, awarded him the Army Good Conduct Medal (1st Award) for exemplary behavior, efficiency, and fidelity from 13 June 1968 to 12 June 1970.

8.  Headquarters, U.S. Army Training Center, Infantry, and Fort Polk, Fort Polk, LA, published the following orders:

* Special Orders Number 200, dated 7 August 1968, awarding him the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)
* Special Orders Number 229, dated 10 September 1968, awarding him the Marksman Marksmanship Qualification Badge with Pistol Bar (.45 Caliber)
* Special Orders Number 240, dated 23 September 1968, awarding him the Marksman Marksmanship Qualification Badge with Rifle Bar (M-16) and the Marksman Marksmanship Qualification Badge with Machinegun Bar (M-60)

9.  Headquarters, Department of the Army, General Orders Number 38, dated 1970, awarded the 1st Battalion, 35th Infantry, the Republic of Vietnam Gallantry Cross with Palm Unit Citation for service from 1 August 1967 to 28 July 1969.  Headquarters, Department of the Army, General Orders Number 53, dated 1970, awarded this unit the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for service from 1 August 1967 to 28 July 1969.

10.  Appendix B of Army Regulation 600-8-22 (Military Awards) shows that during his service in the Republic of Vietnam, participation credit was awarded for the Vietnam Counteroffensive Phase VI (2 November 1968 to 22 February 1968), Tet 69 Counteroffensive (23 February 1969 to 8 June 1969), Vietnam Summer-Fall 1969 (9 June 1969 to 31 October 1969), and Vietnam Winter-Spring 1970 (1 November 1969 to 30 April 1970) campaigns.  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.  The applicant contends his DD Form 214 should be corrected to show the Army Good Conduct Medal, Republic of Vietnam Gallantry Cross with Palm Unit Citation, Vietnam Campaign Medal, and unit awards he is authorized as a result of his service in Vietnam.

2.  General orders awarded him the Army Good Conduct Medal (1st Award) for exemplary behavior, efficiency, and fidelity from 13 June 1968 to 12 June 1970 which is not shown on his DD Form 214; therefore, he is entitled to correction of his DD Form 214 to show this award.

3.  General orders awarded him the Army Commendation Medal for meritorious service which is not shown on his DD Form 214; therefore, he is entitled to correction of his DD Form 214 to show this award.

4.  Special orders awarded him the Marksman Marksmanship Qualification Badge with Pistol (.45 Caliber), Rifle (M-16), and Machinegun (M-60) Bars which is not which on his DD Form 214; therefore, he is entitled to correction of his DD Form 214 to show this badge and bars.

5.  The evidence of record shows he was awarded the Vietnam Service Medal.  He participated in four campaigns while serving in Vietnam; therefore, he is entitled to four bronze service stars to be affixed to the Vietnam Service Medal.


6.  General orders awarded the applicant's units of assignment the Republic of Vietnam Gallantry Cross with Palm Unit Citation and Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation which are not shown in his records; therefore, he is entitled to correction of his DD Form 214 to show these unit awards.

7.  With respect to the Vietnam Campaign Medal, this medal is properly known as the Republic of Vietnam Campaign Medal with Device (1960), but is listed on his DD Form 214 as the Republic of Vietnam Campaign Medal.

BOARD VOTE:

___X___  ____X___  ___X____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined the evidence presented is 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 deleting from his DD Form 214 the Vietnam Service Medal with three bronze service stars and the Republic of Vietnam Campaign Medal and adding to his DD Form 214:

* Army Good Conduct Medal (1st Award)
* Army Commendation Medal
* Vietnam Service Medal with four bronze service stars
* Republic of Vietnam Campaign Medal with Device (1960)
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation
* Marksman Marksmanship Qualification Badge with Pistol Bar (.45 Caliber)
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-16)
* 
Marksman Marksmanship Qualification Badge with Machinegun Bar      (M-60)



      ____________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)                                         AR20100009911



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


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ABCMR Record of Proceedings (cont)