BOARD DATE:	  30 November 2010

		DOCKET NUMBER:  AR20100013568 


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 his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) with an effective date of 3 June 1970 be corrected to show in:

* item 13a (Character of Service) - Honorable
* item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) - the Army Commendation Medal

2.  The applicant states item 13a of his DD Form 214 was left blank.  He states his award of the Army Commendation Medal was not entered in item 24.

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

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 military personnel records show he was inducted into the Army of the United States on 6 November 1968.  He completed basic combat training and advanced individual training and was awarded the military occupational specialty of 11B (Light Weapons Infantryman).

3.  Headquarters, U.S. Army Training Center, Fort Campbell, KY Special Orders Number 332, dated 27 December 1968, awarded the applicant the Expert Marksmanship Qualification Badge with Rifle Bar.

4.  Headquarters, U.S. Army Training Center, Infantry and Fort Lewis, Fort Lewis, WA issued:

	a.  Special Orders Number 49, dated 18 February 1969, awarding the applicant the Expert Marksmanship Qualification Badge with Auto Rifle Bar; and 

	b.  Special Orders Number 55, dated 24 February 1969, awarding him the Second Class Gunner Badge (now known as the Marksman Marksmanship Qualification Badge) with Machinegun Bar.

5.  The applicant was assigned to the 4th Battalion, 21st Infantry from 28 July 1969 to 6 March 1970 in the Republic of Vietnam.

6.  The applicant was promoted to sergeant/pay grade E-5 on 8 March 1970.

7.  The applicant's DA Form 20 (Enlisted Qualification Record) shows he received conduct and efficiency ratings of "excellent" throughout his service.

8.  On 3 June 1970, the applicant was released from active duty by reason of hardship.  He had completed 1 year, 6 months, and 28 days of active service.  Item 13a of his DD Form 214 is blank.  Item 24 of his DD Form 214 shows he was awarded or is authorized the National Defense Service Medal and the Combat Infantryman Badge.

9.  Headquarters, Americal Division General Orders Number 7895, dated 4 July 1970, awarded the applicant the Army Commendation Medal.


10.  Based on the applicant's dates of service in Vietnam, Table B-1 of Army Regulation 600-8-22 (Military Awards) shows he served in the: 

* Vietnam Summer - Fall 1969 Campaign (9 June 1969 - 31 October 1969)
* Vietnam Winter - Spring 1970 Campaign (1 November 1969 - 30 April 1970)

11.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists campaign participation credit, assault landing credit, unit citation emblems awarded during the Vietnam Conflict.  This pamphlet shows that, during the time of the applicant’s assignment to the 4th Battalion, 21st Infantry the unit received the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period from 24 August to 31 December 1969.

12.  Army Regulations 635-200 (Personnel Separations), in effect at the time, provided that an honorable discharge would be furnished when the individual had conduct ratings of at least "good," had efficiency ratings of at least "fair," had not been convicted by a general court-martial, and had not been convicted more than once by a special court-martial.  The regulation also provided that an individual may, where otherwise ineligible, receive an honorable discharge if he had, during his current enlistment, period of obligated service, or any extensions thereof, received a personal decoration, or was separated as a result of a disability incurred in line of duty.

13.  Army Regulation 600-8-22 states the Vietnam Service 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.  

14.  Army Regulation 600-8-22 authorizes award of a bronze service star based on qualifying service for each campaign listed in Appendix B of this regulation.  The regulation states that authorized bronze service stars will be worn on the appropriate campaign and service medal, which in this case is the Vietnam Service Medal.  

15.  Army Regulation 600-8-22 states the Republic of Vietnam Campaign Medal with Device (1960) was awarded by the Government of Vietnam to all members of the Armed Forces of the United States for qualifying service in Vietnam during the period 1 March 1961 through 28 March 1973.  Qualifying service included assignment in Vietnam for 6 months or more.  


DISCUSSION AND CONCLUSIONS:

1.  The applicant contends his characterization in item 13a of his DD Form 214 should read honorable.  In addition, he contends his award of the Army Commendation Medal should be added to his DD Form 214.

2.  The applicant had conduct and efficiency ratings of "excellent" throughout his period of service.  He had no convictions by court-martial.  He was promoted to sergeant in less than 2 years.  Therefore, his service is determined to be honorable and item 13a of his DD Form 214 should reflect his service as honorable. 

3.  Orders show the applicant was awarded the Army Commendation Medal.  

4.  Based on his service in the Republic of Vietnam, the applicant is authorized the Vietnam Service Medal and the Republic of Vietnam Campaign Medal with Device (1960).

5.  The applicant's military personnel records show he participated in two campaigns during his service in Vietnam.  Therefore, he is entitled to two bronze service stars to be worn on his Vietnam Service Medal.  

6.  Based on his service with the 4th Battalion, 21st Infantry, the applicant is authorized the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

7.  Orders in the applicant's MPRJ show he was awarded the:

* Expert Marksmanship Qualification Badge with Rifle Bar and Auto Rifle Bar
* Marksman Marksmanship Qualification Badge with Machinegun Bar

BOARD VOTE:

____x_  ____x____  ___x_____  GRANT FULL RELIEF 

________  ________  ________  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 relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by entering in item 13a of his DD Form 214 with an effective date of 3 June 1970 the word "Honorable."

2.  The Board also recommends that all Department of the Army records of the applicant be corrected by amending item 24 of his DD Form 214 with an effective date of 3 June 1970 to show he was awarded or is authorized the:

* Army Commendation Medal
* Vietnam Service Medal with two bronze service stars
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Campaign Medal with Device (1960)
* Expert Marksmanship Qualification Badge with Rifle Bar and Auto Rifle Bar
* Marksman Marksmanship Qualification Badge with Machinegun 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)                                         AR20100013568





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ABCMR Record of Proceedings (cont)                                         AR20100013568



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