IN THE CASE OF:	

		BOARD DATE:	13 January 2011

		DOCKET NUMBER:  AR20100016692 


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 official records be reviewed and corrected to show all of the awards and decorations he is authorized. 

2.  The applicant states he does not believe his current DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) and the DD Form 215 (Correction to DD Form 214) that he was issued contain all of the decorations and awards that he is entitled to.  His Combat Infantryman Badge is not listed.

3.  The applicant provides copies of his DD Form 214 and a DD Form 215. 

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 was inducted into the Army of the United States on 
26 June 1967.  He completed his training and he was awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman).

3.  On 3 May 1968, the applicant departed Fort Jackson, SC, for duty in the Republic of Vietnam (RVN).  On 30 May 1968, he was assigned to I Troop, 
3d Squadron, 11th Armored Cavalry Regiment with duty as a Team Leader.  He departed the RVN on 23 May 1969.

4.  On 25 May 1969, the applicant was released from active duty and transferred to the US Army Reserve (USAR) Control Group (Annual Training) to complete his remaining Reserve obligation.  The highest rank he attained while serving on active duty was sergeant/E-5.  He completed 1 year and 11 months of total active service.

5.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the National Defense Service Medal, Vietnam Campaign Medal [properly known as the RVN Campaign Medal with Device (1960), Vietnam Service Medal, and Good Conduct Medal.  He was also issued a DD Form 215 which lists the Bronze Star Medal.

6.  The applicant's DA Form 20 shows in:

	a.  item 39 (Campaigns) the Unnamed Offensive.

	b.  item 41 (Awards and Decorations) that he was awarded the National Defense Service Medal, Vietnam Service Medal, RVN Campaign Medal with Device (1960), Combat Infantryman Badge, Good Conduct Medal, Sharpshooter Marksmanship Qualification Badge (M-14 Rifle), Marksman Marksmanship Qualification Badge with Machine Gun Bar, and Marksman Marksmanship Qualification Badge with Automatic Rifle Bar (M-16).

7.  Army Regulation 600-8-22 (Military Awards), paragraph 2-13, contains the regulatory guidance on the Vietnam Service Medal.  It states, in pertinent part, that a bronze service star is authorized with this award for each Vietnam campaign a member is credited with participating in.  Appendix B shows that during his service in Vietnam, the applicant participated in the following four campaigns:

* Vietnam Counteroffensive, Phase IV, 2 April 1968-30 June 1968
* Vietnam Counteroffensive, Phase V, 1 July 1968-1 November 1968
* Vietnam Counteroffensive,  Phase VI, 2 November 1968-22 February 1969
* Tet 69 Counteroffensive, 23 February 1969-8 June 1969

8.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam.  This regulation shows that Department of the Army General Orders (DAGO) 8, dated 1974, announced award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for service in Vietnam to Headquarters, United States Army Vietnam and its subordinate units during the period 20 July 1965 to 28 March 1973 while the applicant's unit was assigned to the RVN.

DISCUSSION AND CONCLUSIONS:

1.  Records show that the applicant participated in four designated campaign phases during his service in the RVN.  Therefore, he is eligible for four bronze service stars for wear on his already-awarded Vietnam Service Medal and correction of his DD Form 214 to show these bronze service stars.

2.  The applicant's unit was cited in general orders for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  Therefore, he is entitled to correction of his DD Form 214 to show this award.

3.  Records show the applicant was awarded the CIB.  Therefore, his DD Form 214 should be corrected to show this badge.

4.  Records show that he qualified on several weapons to include the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14), Marksman Marksmanship Qualification Badge with Rifle Bar (M-16) and Machine Gun Bar.  Therefore, his DD Form 214 should be corrected to show these qualifications. 

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

	b.  adding to item 24 of his DD Form 214 the Vietnam Service Medal with four bronze stars, RVN Campaign Medal with Device (1960), RVN Gallantry Cross with Palm Unit Citation, and the Combat Infantryman Badge, the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14), and Marksman Marksmanship Qualification Badge with Rifle Bar (M-16), Machine Gun Bar; and 
   
   c.  providing the individual 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)                                         AR20100010115



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ABCMR Record of Proceedings (cont)                                         AR20100016692



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