IN THE CASE OF:	  

		BOARD DATE:	  2 November 2010

		DOCKET NUMBER:  AR20100013231 


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 Bronze Star Medal, the Army Commendation Medal with 2nd Oak Leaf Cluster, and marksmanship qualification badges for pistol, rifle (M-14), and automatic rifle 
(M-16).  He also requests that his DD Form 214 be corrected to show he qualified for tank weapons and as a cavalry scout.

2.  The applicant states his buddy called to ask him what he got the Bronze Star Medal for and he didn't know, but his name was on the same orders for the Bronze Star Medal as those of his buddy.

3.  The applicant provides no documentary evidence 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.  The applicant enlisted in the Regular Army on 18 June 1969 for a period of 3 years.  He arrived in Vietnam on 15 December 1969.  He served as an armor crewman assigned to Troop B, 1st Squadron, 1st Cavalry Division, in Vietnam from 30 December 1969 to 18 November 1970.  On 25 January 1972, the applicant was released from active duty and transferred to the U.S. Army Reserve Control Group (Reinforcement) to complete his remaining service obligation.

3.  The applicant's DD Form 214 shows the National Defense Service Medal, Vietnam Service Medal, Army Commendation Medal with 1st Oak Leaf Cluster, Republic of Vietnam Campaign Medal with Device (1960), and Combat Infantryman Badge as authorized awards.

4.  There are no orders for the Bronze Star Medal in the available records.

5.  Orders show the applicant received the Army Commendation Medal with 1st Oak Leaf Cluster.  However, there are no orders for a third award of the Army Commendation Medal in the available records.

6.  Item 41 (Awards and Decorations) of the applicant's DA Form 20 (Enlisted Qualification Record) does not show entitlement to the Bronze Star Medal or a third award of the Army Commendation Medal.

7.  Orders, dated 5 August 1969, show the applicant received the Marksman Marksmanship Qualification Badge with Rifle Bar (M-14).

8.  Orders, dated 4 March 1971, show the applicant received the Expert Marksmanship Qualification Badge with Rifle Bar (M-16).

9.  Headquarters, Hunter Liggett Military Reservation, General Orders Number 1, dated 11 January 1972, show the applicant received the first award of the Army Good Conduct Medal for the period 18 June 1969 through 25 January 1972.

10.  A review of the Awards and Decorations Computer-Assisted Retrieval System, an index of general orders issued during the Vietnam era between 1965 and 1973 maintained by the Military Awards Branch of the U.S. Army Human Resources Command, failed to reveal any orders for award of the Bronze Star Medal or a third award of the Army Commendation Medal.

11.  There are no orders for a marksmanship qualification badge for any pistol in the available records.

12.  Item 29 (Qualification in Arms) of the applicant's DA Form 20 shows he fired a familiarization course for tank weapons.  There is no evidence in the applicant's service personnel records that shows he qualified with any tank weapons.

13.  There is no evidence of record which shows the applicant was trained as a cavalry scout.

14.  Records show the applicant participated in three campaigns during his assignment in Vietnam.

15.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam.  This pamphlet shows the applicant's unit was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation during the time of his assignment based on Department of the Army General Orders Number 42, dated 1972.

16.  Army Regulation 600-8-22 (Military Awards) provides that the Bronze Star Medal is awarded in time of war for heroism and for meritorious achievement or service.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.  Recommendations must be made within 2 years of the event or period of service and the award must be made within 3 years.

17.  Army Regulation 600-8-22 states an oak leaf cluster is awarded to denote the second and succeeding awards of certain decorations, among which is the Army Commendation Medal.

18.  Army Regulation 600-8-22 sets forth requirements for award of basic marksmanship qualification badges.  The qualification badge is awarded to indicate the degree in which an individual has qualified in a prescribed record course and an appropriate bar is furnished to denote each weapon with which the individual has qualified.  The qualification badges are in three classes:  Expert, Sharpshooter, and Marksman.

19.  Army Regulation 600-8-22 authorizes award of a bronze service star based on qualifying service for each campaign listed in appendix B and states that authorized bronze service stars will be worn on the appropriate service medal, including the Vietnam Service Medal.

DISCUSSION AND CONCLUSIONS:

1.  There are no orders for the Bronze Star Medal in the available records and the applicant did not provide any orders for the Bronze Star Medal.  Therefore, there is insufficient evidence with which to add the Bronze Star Medal to his DD Form 214.

2.  There are no orders for a third award of the Army Commendation Medal in the available records.  Therefore, there is insufficient evidence with which to add a third award of the Army Commendation Medal to his DD Form 214.

3.  Orders show the applicant received the Expert Marksmanship Qualification Badge with Rifle Bar (M-16) and the Marksman Marksmanship Qualification Badge with Rifle Bar (M-14).  Therefore, his DD Form 214 should be corrected to show these badges.

4.  There is no evidence of record which shows the applicant received a marksmanship qualification badge for any pistol.  Therefore, there is insufficient evidence on which to add this badge to his DD Form 214.

5.  Records show the applicant fired a familiarization course for tank weapons.  However, there is no evidence which shows he completed a weapons qualification course which resulted in his qualification with any tank weapons.  Therefore, there is insufficient evidence on which to amend his DD Form 214 to show he qualified with any tank weapons.

6.  There is no evidence of record which shows the applicant was trained as a cavalry scout.  Therefore, there is insufficient evidence on which to amend his DD Form 214 to show he qualified as a cavalry scout.

7.  Orders show the applicant received the Army Good Conduct Medal.  Therefore, his DD Form 214 should be corrected to show this medal.

8.  The applicant participated in three campaigns during his assignment in Vietnam which entitles him to award of the Vietnam Service Medal with three bronze service stars.  Therefore, his DD Form 214 should be corrected to show this medal.

9.  The applicant's unit was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation while he was assigned to it.  Therefore, his DD Form 214 should be corrected to show this unit award.



BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____X___  ___X____  ____X___  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined the evidence presented is 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 adding the Army Good Conduct Medal, Expert Marksmanship Qualification Badge with Rifle Bar (M-16), Marksman Marksmanship Qualification Badge with Rifle Bar (M-14), Republic of Vietnam Gallantry Cross with Palm Unit Citation, and three bronze service stars for wear on his already-awarded Vietnam Service Medal to his DD Form 214.

2.  The Board further determined 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 adding the Bronze Star Medal, a third award of the Army Commendation Medal, a marksmanship qualification badge for any pistol, or that he qualified for any tank weapons or as a cavalry scout 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)                                         AR20100013231



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ABCMR Record of Proceedings (cont)                                         AR20100013231



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