BOARD DATE:	 7 October 2010 

		DOCKET NUMBER:  AR20100010115 


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 all awards that were authorized subsequent to his separation.

2.  The applicant states his DD Form 214 is incomplete in that all of his authorized awards are not listed.

3.  The applicant provided no additional documentation 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.  Evidence of record and background information:

	a.  On 8 June 1967, the applicant was inducted into the Army of the United States for 2 years.  He completed his initial training and was awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman).

	b.  Item 41 (Awards and Decorations) of the applicant's DA Form 20 (Enlisted Qualification Record) indicates that Special Orders Number 147, 2nd Training Brigade, Fort Jackson, South Carolina, dated in 1967, awarded the applicant the Sharpshooter Marksmanship Qualification Badge with Rifle (M-14) Bar.

	c.  On or about 27 October 1967, the applicant departed Fort Jackson, for duty in the Republic of Vietnam.

	d.  On 2 December 1967, the applicant was assigned for duty as a rifleman with A Company, 2nd Battalion, 16th Infantry Regiment, 1st Infantry Division, in the Republic of Vietnam.

	e.  On or about 13 November 1968, the applicant returned to the United States for duty with the 41st Infantry Regiment located at Fort Hood, Texas.

	f.  On 6 June 1969, the applicant was released from active duty and transferred to the United States Army Reserve Control Group (Annual Training).  He had attained the rank of sergeant, pay grade E-5, and had completed 1 year,
11 months, and 29 days of creditable active duty service.

	g.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 lists his awards as the Vietnam Service Medal with two bronze service stars, Republic of Vietnam Campaign Medal, Army Commendation Medal, Purple Heart, Good Conduct Medal, National Defense Service Medal, Combat Infantryman Badge, and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar.

3.  Available award orders for the applicant:

	a.  Special Orders Number 154, Fort Jackson, dated 20 September
1967, Marksman Marksmanship Qualification Badge with Rifle (M-16) Bar; and

	b.  Special Orders Number 163, Fort Jackson, dated 4 October 1967, Sharpshooter Marksmanship Qualification Badge with Machinegun [M-60] Bar;



4.  References and relevant information:

	a.  Appendix B of Army Regulation 600-8-22 shows that based on the applicant's dates of service in the Republic of Vietnam, he participated in the following five campaigns: Vietnam Counteroffensive, Phase III; Tet Counteroffensive; and Vietnam Counteroffensives, Phases IV through VI.  This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.  A silver service star denotes participation in five campaigns.

	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 publication shows that the 2nd Battalion,16th Infantry Regiment during the time of the applicant's assignment was cited in Department of the Army General Orders (DAGO) Number 32, dated in 1969, for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation; and in DAGO Number 53, dated in 1970, for award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 should be corrected to show all of his awards that were authorized after his separation.

2.  Records show that the applicant participated in five campaign periods during his service in the Republic of Vietnam.  Therefore, he is eligible for award of a silver service star to be affixed to his already-awarded Vietnam Service Medal.

3.  The applicant's unit was cited in general orders for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.  Therefore, his records should be corrected to show these foreign unit awards.

4.  Records and special orders show that the applicant was awarded the Sharpshooter Marksmanship Qualification Badge with Rifle (M-14) and Machinegun (M-60) Bars and the Marksman Marksmanship Qualification Badge with Rifle (M-16) Bar.  Therefore, his records should be corrected to show these two badges.





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.  deleting from Item 24 of his DD Form 214: Vietnam Service Medal with two bronze service stars and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar; and

	b.  adding in Item 24 of his DD Form 214: Vietnam Service Medal with a silver service star, Republic of Vietnam Gallantry Cross with Palm Unit Citation, Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, Sharpshooter Marksmanship Qualification Badge with Rifle (M-14) and Machinegun Bars, and the Marksman Marksmanship Qualification Badge with Rifle (M-16) 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)                                         AR20100010115





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ABCMR Record of Proceedings (cont)                                         AR20100010115



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