IN THE CASE OF:
BOARD DATE: 20 January 2011
DOCKET NUMBER: AR20100017257
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 Air Medal (AM).
2. The applicant states he was awarded the AM.
3. The applicant provides an AM citation and certificate, his DD Form 214, and a DA Form 3349 (Medical Condition - Physical Profile Record) which shows he had multiple fragment wounds to his right hand and both thighs.
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 applicants 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 applicants failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. The applicants military records show that he was inducted into the Army of the United States on 8 February 1968. He was awarded military occupational specialty 11B (light weapons infantryman), he served in Vietnam from
6 September 1968 through 26 June 1969 while assigned to Company D,
2nd Battalion, 506th Infantry, and he was promoted to the rank/grade of sergeant (SGT)/E-5.
3. He was awarded the AM by General Orders Number 8972, issued by Headquarters, 101st Airborne Division, dated 17 July 1969. He was also awarded the Army Good Conduct Medal (AGCM) (1st award) by General Orders Number 9119, issued by the same headquarters, dated 19 July 1969.
4. He was honorably released from active duty on 6 February 1970 and he was transferred to the U.S. Army Reserve (USAR) Control Group (Annual Training) to complete his remaining Reserve obligation. Item 24 (Decorations, Medals, Badges, Commendations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the:
* National Defense Service Medal
* Parachutist Badge
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* Army Commendation Medal
* Combat Infantryman Badge
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar
5. 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 V (1 July - 1 November 1968)
* Vietnam Counteroffensive Phase VI (2 November 1968 - 22 February 1969)
* TET 69, Counteroffensive, 1969 (23 February - 8 June 1969)
* Vietnam Summer - Fall 1969 (9 June - 31 October 1969)
6. 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 2nd Battalion, 506th Infantry, was cited for award of the
* Presidential Unit Citation for the period 13 June - 23 September 1968 by Department of the Army General Order (DAGO) Number 38 dated 1971
* Meritorious Unit Commendation for the period 14 March - 3 October 1968 by DAGO Number 22, dated 1976
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 3 October 1968 - 2 May 1970 by DAGO Number 48, dated 1971
DISCUSSION AND CONCLUSIONS:
1. The applicant was awarded the AM and the AGCM by general orders. Therefore, his DD Form 214 should be corrected to show these awards.
2. He participated during four campaign phases while serving in Vietnam. Therefore, he is entitled to 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.
3. Based on the applicant's service in Vietnam, he is also entitled to the Presidential Unit Citation, Meritorious Unit Commendation, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation. Therefore, his DD Form 214 should be corrected to show these unit awards.
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 Form214 the Vietnam Service Medal; and
b. adding to item 24 of his DD Form 214 the:
* Air Medal
* Army Good Conduct Medal (1st award)
* Vietnam Service Medal with four bronze service stars
* Presidential Unit Citation
* Meritorious Unit Commendation
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation
_______ _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) AR20100017257
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ABCMR Record of Proceedings (cont) AR20100017257
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