IN THE CASE OF:	  

		BOARD DATE:	  6 January 2011

		DOCKET NUMBER:  AR20100015019 


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 receipt of any additional individual and unit awards and decorations to which he is entitled.

2.  He states he served in a cavalry unit in the Republic of Vietnam.

3.  He 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.  His record shows he was inducted into the Army of the United States on 22 July 1968 and held military occupational specialty 11B (Light Weapons Infantryman).  The highest rank/pay grade he attained while serving on active duty was sergeant/E-5.  On 6 April 1970, he was released from active duty with an honorable characterization of service and transferred to the U.S. Army Reserve Control Group (Annual Training) for completion of the remainder of his service obligation.

3.  Special Orders Number 167 issued by Headquarters, 1st Basic Combat Training Brigade, U.S. Army Training Center, Fort Gordon, GA on 12 September 1968 show he was awarded the Marksman Marksmanship Qualification Badge with Rifle Bar [M-14].

4.  Special Orders Number 280 issued by Headquarters, U.S. Army School/Training Center and Fort McClellan, AL on 14 November 1968 show he was awarded the Second Class Gunner [currently known as the Sharpshooter] Marksmanship Qualification Badge with Machinegun Bar [M-60].

5.  Special Orders Number 285 issued by Headquarters, U.S. Army School/Training Center and Fort McClellan, AL on 19 November 1968 show he was awarded the Marksman Marksmanship Qualification Badge with Rifle Bar [M-16].

6.  His DA Form 20 (Enlisted Qualification Record) contains the following pertinent information:

	a.  Item 38 (Record of Assignments) shows that during his tour of duty in the Republic of Vietnam he was assigned to Company A, 2nd Battalion, 8th Cavalry Regiment, 1st Air Cavalry Division from 28 April 1969 through 29 March 1970.

	b.  Item 38 also shows he received conduct and efficiency ratings of both "fair" and "excellent" for his duty assignments.

	c.  Item 41 (Awards and Decorations) shows award or authorization of the:

* National Defense Service Medal
* Vietnam Service Medal
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Combat Infantryman Badge
* Republic of Vietnam Campaign Medal with Device (1960)
* Air Medal
* Bronze Star Medal
* Marksman Marksmanship Qualification Badge with Rifle Bar [M-14]
* Sharpshooter Marksmanship Qualification Badge with Machinegun Bar [M-60]
* Marksman Marksmanship Qualification Badge with Rifle Bar [M-16]

7.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows he was awarded or authorized:

* National Defense Service Medal
* Vietnam Service Medal
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Combat Infantryman Badge
* Republic of Vietnam Campaign Medal with Device (1960)
* Air Medal
* Bronze Star Medal

8.  A review of the Awards and Decorations Computer-Assisted Retrieval System (ADCARS), 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 orders for any additional awards pertaining to the applicant.

9.  Department of the Army General Orders Number 42, dated 1972, awarded the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation to his unit for achievements during his period of assignment.

10.  Army Regulation 600-8-22 (Military Awards) 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.  Appendix B shows the campaigns for Vietnam.  During his tour in Vietnam he participated in four campaigns:  the TET 69 Counteroffensive, the Vietnam Summer-Fall 1969, the Vietnam Winter-Spring 1970, and the Department of the Army Sanctuary Counteroffensive.  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's contention that his records should be corrected to show receipt of any additional individual and unit awards and decorations to which he is entitled was carefully considered and determined to have merit.

2.  Special orders awarded him the following marksmanship qualification badges; therefore, he is entitled to have them shown on his DD Form 214:

* Marksman Marksmanship Qualification Badge with Rifle Bar [M-14]
* Sharpshooter Marksmanship Qualification Badge with Machinegun Bar [M-60]
* Marksman Marksmanship Qualification Badge with Rifle Bar [M-16]

3.  General orders awarded his unit the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for accomplishments during his tenure in the unit.  Therefore, he is entitled to have his records corrected to show this unit award.

4.  Records show the applicant was awarded the Vietnam Service Medal.  Evidence shows that he participated in four campaigns during his service in the Republic of Vietnam.  Therefore, he is eligible for award of four bronze service stars to be affixed to his previously awarded Vietnam Service Medal.

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 the Vietnam Service Medal from item 24 of his DD Form 214;

	b.  adding to item 24 of his DD Form 214 the:

		(1)  Vietnam Service Medal with four bronze service stars,

		(2)  Marksman Marksmanship Qualification Badge with Rifle Bar [M-14]

		(3)  Sharpshooter Marksmanship Qualification Badge with Machinegun Bar [M-60]

		(4)  Marksman Marksmanship Qualification Badge with Rifle Bar [M-16]


	c.  providing him an appropriate document to reflect these corrections.




      _______ _   _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)                                         AR20100015019





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ABCMR Record of Proceedings (cont)                                         AR20100015019



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