IN THE CASE OF:	  

		BOARD DATE:	    26 October 2010

		DOCKET NUMBER:  AR20100013227 


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 that his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to show his Vietnam Campaign Medals, the Purple Heart (PH), Army Commendation Medal (ARCOM), and the Sniper training course.

2.  The applicant states that:

   a.  he never received the above awards for his Vietnam service from 1967 to 1968; and

   b.  his DD Form 214 does not reflect the PH, ARCOM, or the Sniper training course he completed at the Dragon Mountain Base Camp on 26 May 1967.

3.  The applicant provides a copy of his DD Form 214 in support of his request.

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 record shows he enlisted in the Regular Army on 7 February 1966.  He was trained in and 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 (RVN) from 30 April 1967 to 23 April 1968.  Item 38 (Record of Assignments) includes an entry which shows he was assigned to Headquarters and Headquarters Company, 3rd Battalion, 12th Infantry Regiment from 18 May to 8 December 1967 during his tour in the RVN.

4.  On 25 May 1968, Headquarters, 4th Infantry Division, issued General Order Number 2141 which announced the applicant’s PH award.

5.  Item 28 (Specialized Training) of the DA Form 20 includes an entry which shows the applicant completed one and a half weeks of training at the Sniper School on 26 May 1967.  

6.  Item 41 (Awards and Decorations) of his DA Form 20 does not show award of the ARCOM and the applicant's record does not contain any orders or other documents that show he was recommended for or awarded the ARCOM by proper authority while serving on active duty.

7.  On 12 February 1969, the applicant was released from active duty after completing a total of 3 years of active military service.  The DD Form 214 he was issued at the time shows the following list of awards in item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized):

* Combat Infantryman Badge
* Vietnam Service Medal  (VSM) with 3 bronze service stars
* RVN Campaign Medal
* National Defense Service Medal
* Expert Marksmanship Qualification Badge with M60 Machine Gun Bar
* Marksman Marksmanship Qualification Badge with Pistol Bar
* Marksman Marksmanship Qualification Badge with Rifle Bar 

8.  The applicant’s Military Personnel Records Jacket contains a DD Form 215 (Correction to the DD Form 214) issued on 10 December 1984.  It shows the PH and RVN Gallantry Cross with Palm Unit Citation (RVNGC) were added to his DD Form 214.

9.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy and criteria concerning individual military awards.  Paragraph 2-13 contains guidance on award of the Vietnam Service Medal.  It states that a bronze service star is authorized with this award for each campaign a member is credited with participating in while serving in the Republic of Vietnam.  Table B-1 contains a list of campaigns and shows that during the applicant's tenure of assignment in Vietnam, participation credit was granted for the following campaigns:

* Vietnam Counteroffensive, Phase II (1 July 1966 – 31 May 1967)
* Vietnam Counteroffensive, Phase III (1 June 1967 – 29 January 1968)
* TET Counteroffensive (30 January 1968 – 1 April 1968)
* Vietnam Counteroffensive, Phase IV (2 April 1968 – 30 June 1968)

10.  Paragraph 3-17 of the awards regulation contains guidance on award of the ARCOM.  It states that the ARCOM may only be awarded by the proper award approval authority based on a valid recommendation.  It is awarded to any member of the Armed Forces of the United States who, while serving in any capacity with the Army after 6 December 1941, distinguishes himself or herself by heroism, meritorious achievement, or meritorious service.

11.  Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) establishes the eligibility of individual members for unit citation badges awarded during the Vietnam Conflict.  It confirms that, in addition to the awards already reflected on the applicant’s DD Form 214 or DD Form 215, his unit (Company C, 3rd Battalion, 12th Infantry Regiment) was awarded the Presidential Unit Citation and RVN Civil Actions Honor Medal (RVNCAHM) First Class Unit Citation.

12.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, release from active duty service, or control of the active Army.  Chapter 2 of this regulation contains guidance on the preparation and distribution of the DD Form 214.

13.  Paragraph 2-4h (14) of Army Regulation 635-5 states that formal in-service (full-time attendance) training courses successfully completed during the period of service covered by the DD Form 214 will be listed in Item 14.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends his DD Form 214 should be corrected to show his Vietnam Campaign Medals, the PH, ARCOM, and his Sniper training course.

2.  The evidence of record confirms that based on the applicant’s RVN service and campaign participation, he is entitled to the PUC, RVNCAHM, and four bronze service stars instead of three bronze service stars to be worn with his already-awarded VSM.  Therefore, these awards should be added to his 
DD Form 214 at this time.

3.  The evidence of record confirms the applicant’s DD Form 214 was previously corrected to include the PH and RVNGC as evidenced by the DD Form 215 on file.  Accordingly, this portion of requested relief was previously accomplished and no further relief is required.  A copy of the DD Form 215 will be provided to the applicant.

4.  By regulation, the ARCOM may only be awarded by the proper award approval authority based on a valid recommendation.  The evidence of record contains no orders or other documents that show the applicant was ever recommended for or awarded the ARCOM by proper authority while he served on active duty.  As a result, there is an insufficient evidentiary basis to support granting this portion of the requested relief.

5.  The evidence of record confirms the applicant completed training at the Sniper School on 26 May 1967 as evidenced by the entry contained on his 
DA Form 20.  Therefore, this training should be added to his DD Form 214.

6.  Service medals and awards are not issued by the ABCMR.  However, the applicant may obtain his medals by submitting his request in writing to:  National Personnel Records Center, ATTN: Army Reference Branch, 9700 Page Boulevard, St. Louis, Missouri  63132-5200.  This issue will not be further addressed in this Record of Proceedings.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____X____  ____X____  ____X____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending his DD Form 214 by:

   a.  deleting the Vietnam Service Medal with three bronze service stars from item 24;
   
   b.  adding the Vietnam Service Medal with four bronze service stars, Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, and Presidential Unit Citation to item 24; 
   
   c.  issuing the above awards to him; 
   
   d.  adding the Sniper School, 1967, to item 25; and
   
   e.  by issuing him a correction to his DD Form 214 to reflect the above changes.

2.  The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to issuing him any other Vietnam Campaign Medals and adding the Army Commendation Medal to his  DD Form 214.




      _______ _   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)                                         AR20100013227



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ABCMR Record of Proceedings (cont)                                         AR20100013227



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