BOARD DATE:	  23 December 2010

		DOCKET NUMBER:  AR20100016206 


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, in effect, correction to item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to add any and all medals he earned while he was assigned to Company B, 1st Battalion, 506th Infantry Regiment, 101st Airborne (Air Mobile) Division, to include the:

* Army Good Conduct Medal (AGCM)
* Bronze Star Medal (BSM)
* Republic of Vietnam (RVN) Gallantry Cross with Palm Unit Citation
* RVN Campaign Medal

2.  He states, in effect, the above awards were not listed on his DD Form 214 when he left the RVN and the U.S. Army.

3.  He provides:

* his DD Form 214
* General Orders Number 12147 issued by the 101st Airborne Division, dated 1 October 1970
* a copy of his DA Form 20 (Enlisted Qualification Record) 


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 records show he was inducted into the Army of the U.S. on 30 April 1969.

3.  His DA Form 20 (Enlisted Qualification Record) shows:

* item 31 (Foreign Service) – RVN from 4 November 1969 to 22 October 1970
* item 38 (Record of Assignments) – Headquarters and Headquarters Company, 506th Infantry Regiment from 15 November 1969 to 1 January 1970
* item 38 – Company B, 506th Infantry Regiment, from 1 January to 18 October 1970
* item 38 – "excellent" conduct and efficiency ratings
* item 39 (Campaigns) – Vietnam Winter-Spring 1970 and 13th unnamed

4.  His record contains General Orders Number 12147 issued by Headquarters, 101st Airborne Division (Airmobile), dated 1 October 1970, which show he was awarded the BSM.

5.  On 29 April 1971, he was honorably released from active duty and transferred to the U.S. Army Reserve Control Group (Annual Training).  He completed a total of 2 years of active service.  Item 24 of his DD Form 214 lists the following awards:

* National Defense Service Medal
* Vietnam Service Medal (VSM) with two bronze service stars
* RVN Campaign Medal
* Combat Infantryman Badge
* Air Medal
* Army Commendation Medal
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-16)
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)

6.  A review of his record indicates he is entitled to additional awards and decorations that are not shown on his DD Form 214.

7.  Army Regulation 672-5-1 (Military Awards), in effect at the time, provided that the AGCM was awarded to individuals who completed a qualified period of active duty enlisted service.  This period was 3 years except in those cases when the period for the first award ended with the termination of a period of Federal military service.  The enlisted person must have had all "excellent" conduct and efficiency ratings and no convictions by a court-martial.  Ratings of "unknown" for portions of the period under consideration were not disqualifying.

8.  Appendix B of Army Regulation 600-8-22 (Military Awards) lists the campaigns for the Vietnam Conflict.  Based on the applicant's period of service in the RVN he participated in three campaigns:  the Vietnam Winter-Spring 1970, DA Sanctuary Counteroffensive [13th campaign], and Vietnam Counteroffensive Phase VII.  This same regulation states that a bronze service star will be awarded for wear on the VSM for participation in each campaign.

9.  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 unit to which the applicant was assigned was cited for award of the following:

	a.  20 July 1965 to 28 March 1973 - RVN Gallantry Cross with Palm Unit Citation by Department of the Army General Orders Number 8, dated 1973; and

	b.  3 October 1968 through 2 May 1970 – RVN Civil Actions Honor Medal First Class Unit Citation by Department of the Army General Orders Number 48, dated 1971.

DISCUSSION AND CONCLUSIONS:

1.  General orders show he was awarded the BSM.  Therefore, he is entitled to correction of his DD Form 214 to show this decoration.

2.  The available evidence shows he served honorably from 30 April 1969 to 29 April 1971 and he received "excellent" conduct and efficiency ratings throughout his tenure of service.  There is no evidence of any derogatory information in his record that would have disqualified him for award of the AGCM. 
Therefore, it would be appropriate to award the applicant the AGCM (1st Award) and correct his DD Form 214 to show this medal.

3.  Permanent orders also show the unit to which the applicant was assigned was awarded the RVN Gallantry Cross with Palm Unit Citation and the RVN Civil Actions Honor Medal First Class Unit Citation.  Therefore, he is entitled to correction of his DD Form 214 to show these unit awards.

4.  Records show the applicant participated in three campaigns during his service in the RVN.  Therefore, he is eligible for award of three bronze service stars to be worn on his already-awarded VSM.

5.  Item 24 of his DD Form 214 shows he was already awarded the RVN Campaign Medal.  Therefore, no further correction of his record to add this award is required.

BOARD VOTE:

____x__  ___x_____  ___x_____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined the evidence presented is 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.  awarding him the AGCM (1st Award) for the period 30 April 1969 to 29 April 1971;

	b.  deleting the VSM with two bronze service stars from his DD Form 214;

	c.  adding the BSM, AGCM (1st Award), VSM with three bronze service stars, RVN Gallantry Cross with Palm Unit Citation, and RVN Civil Actions Honor Medal First Class Unit Citation to item 24 of his DD Form 214; and


	d.  providing him a document to show the above 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)                                         AR20100016206



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


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