IN THE CASE OF:	

		BOARD DATE:	  13 January 2011

		DOCKET NUMBER:  AR20100018071


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 of his most recent DD Form 214 (Report of Separation from Active Duty), for the period ending 18 April 1973, to show award of the Air Medal (AM) and the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

2.  The applicant states, in effect, that his record is in error because his DD Form 214 does not show the AM or the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  

3.  The applicant provides:

* DD Form 214
* General Orders Number 01906
* Letter, Headquarters, 196th Infantry Brigade

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 record shows he enlisted in the Regular Army (RA), for a period of 2 years, on 28 September 1970.  He completed training and was awarded military occupational specialty 11B (Light Weapons Infantryman).  He served 8 months and 1 day of net active service, and on 28 May 1971, he was honorably discharged for the purpose of immediate reenlistment.  His DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for this period shows he was awarded the National Defense Service Medal and the Parachutist Badge.

3.  On 29 May 1971, he reenlisted in the RA for a 3 year term.  

4.  He served in the Republic of Vietnam (RVN) from 6 August 1971 to 27 April 1972, where he was assigned to Company A, 2nd Battalion, 1st Infantry Regiment, 196th Infantry Brigade.  

5.  On 18 April 1973, he was discharged under the provisions of Army Regulation 635-200 (Enlisted Separations) and given an under honorable conditions characterization.  He served 1 year, 4 months, and 22 days of net active service during this period of active duty, including 8 months and 22 days of foreign service.

6.  Item 26 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the:

* Vietnam Service Medal
* Vietnam Campaign Medal with Device (1960)
* Bronze Star Medal
* Combat Infantryman Badge
* 1 Overseas Bar

7.  General Orders Number 01906, Headquarters, 196th Infantry Brigade, dated 26 April 1972, awarded him the AM, for the period 8 August 1971 to 6 April 1972, for meritorious achievement while participating in aerial flight.

8.  Special Orders Number 170, issued by Headquarters, 82nd Airborne Division, Fort Bragg, NC, dated 22 August 1972, awarded him the Expert Marksmanship Qualification Badge with Rifle Bar (M-16).


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 document shows the unit to which the applicant was assigned was cited for the Republic of Vietnam Gallantry Cross with Palm Unit Citation, for the period 1 March to 9 October 1971, by Department of the Army General Order Number 6, dated 1974.

10.  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 three campaigns:

* Consolidation I (1 July 1971 – 30 November 1971) 
* Consolidation II (1 December 1971 – 29 March 1972)
* Vietnam Cease-Fire (30 March 1972 – 28 January 1973)

11.  Army Regulation 600-8-22 sets forth requirements for award of basic marksmanship qualification badges.  The qualification badge is awarded to indicate the degree - Expert, Sharpshooter, and Marksman - in which an individual has qualified in a prescribed record course.  An appropriate bar is furnished to denote each weapon with which the individual has qualified.  The qualification should be shown as:  Expert Marksmanship Qualification Badge with Rifle Bar.  

DISCUSSION AND CONCLUSIONS:

1.  General Orders awarded him the AM; therefore, he is entitled to correction of his DD Form 214 to show this award.

2.  General Orders awarded his unit of assignment in Vietnam the Republic of Vietnam Gallantry Cross with Palm Unit Citation; therefore, he is entitled to correction of his DD Form 214 to show this unit award.

3.  Records show he participated in 3 campaigns during his service in Vietnam.  Therefore, he is entitled to correction of his DD Form 214 to show 3 bronze service stars for wear on his already-awarded Vietnam Service Medal.

4.  Special Orders awarded him the Expert Marksmanship Qualification Badge with Rifle Bar (M-16); therefore, he is entitled to correction of his DD Form 214 to show this award. 

5.  His DD Form 214, for the period ending 28 May 1971, shows he was awarded the National Defense Service Medal and the Parachutist Badge; therefore, he is entitled to correction of his DD Form 214 to show these awards.

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 amending item 26 of his DD Form 214, for the period ending 18 April 1973, to add the:

* Air Medal
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* 3 bronze service stars to be affixed to his already-awarded Vietnam Service Medal
* Expert Marksmanship Qualification Badge with Rifle Bar (M-16)
* National Defense Service Medal
* Parachutist Badge



      _______ _  __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)                                         AR20100015543



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ABCMR Record of Proceedings (cont)                                         AR20100018071



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