IN THE CASE OF:	

		BOARD DATE:	3 March 2011

		DOCKET NUMBER:  AR20100019351


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 that his records be corrected to show he was discharged as a sergeant (SGT) and received the Army Commendation Medal and Good Conduct Medal.

2.  The applicant states, in effect, the date he returned from Vietnam and his separation date were the same.

3.  The applicant provides copies of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), orders promoting him to SGT, orders awarding him the Good Conduct Medal and the Army Commendation Medal, and discharge orders from the U.S. Army Reserve.  

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 available records show the applicant was inducted into the Army of the United States on 10 July 1968.  He completed training and was awarded military occupational specialty (MOS) 05C, Radio Teletype Operator.

3.  His DD Form 214 shows he served in the Republic of Vietnam (RVN) from 
23 February 1969 to 22 February 1970.  He was honorably released from active duty on the same date.  He completed 1 year, 7 months, and 13 days of total active service.

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

	a.  Item 33 (Appointments and Reductions) SGT/E-5 (T) [temporary] with a date of rank (DOR) of 14 December 1969 and SGT/E-5 (P) [Permanent] with a DOR of 23 February 1970. 

	b.  item 38 (Record of Assignments) he was initially assigned to Headquarters and Headquarters Company, 2d Battalion, 501st Infantry on 11 March 1969 and he was assigned to the 101st Military Intelligence Detachment, on 16 August 1969.

	c.  item 41 (Awards and Decorations) he was awarded the National Defense Service Medal, Vietnam Service Medal, Meritorious Unit Commendation, Vietnam Campaign Medal with Device (1960), and the Bronze Star Medal.

5.  His DD Form 214 shows in:

* item 5a (Grade, Rate or Rank) SP4
* item 5b (Pay Grade) E-4 
* item 6 (Date of Rank) 24 January 1969

6.  His DD Form 214, Item 26 (Decorations, Medals, Badges, Citations, Campaign Ribbons Awarded or Authorized), shows the National Defense Service Medal, Bronze Star Medal, RVN Campaign Medal, Vietnam Service Medal, 
2 Overseas Service Bars, Expert Marksmanship Qualification Badge 
(Rifle M-16), and the Marksman Marksmanship Qualification Badge (Rifle M-14).

7.  His records contain Special Orders Number 33, Headquarters, U.S. Army Personnel Center, Fort Lewis, WA, dated 22 February 1970, announcing the applicant's release from active duty effective the same date.  The standard name line of these orders shows his rank as SGT.  



8.  In support of his request he provides orders from Headquarters, 101st Airborne Division (Airmobile):

	a.  Special Orders Number 362, dated 28 December 1969, announcing his promotion to SGT effective 14 December 1969. 

	b.  General Orders Number 10614, dated 16 August 1969, showing he was awarded the Army Commendation Medal for meritorious achievement from 
1 March to 31 July 1969.

	c.  General Orders Number 14995, dated 18 December 1969, showing he was awarded the Good Conduct Medal for the period 10 July 1968 to 
22 February 1970.

9.  Army Regulation 600-8-22 (Military Awards) provides that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.  Appendix B shows that during his service in Vietnam, the applicant participated in the following campaigns:  the Tet 1969 Counteroffensive 1969, 23 February 1969-8 June 1969; the Vietnam Summer-Fall 1969, 9 June 1969-31 October 1969; and the Vietnam Winter-Spring 1970, 1 November 1969-30 April 1970.

10.  Army Regulation 600-8-22 also states the RVN Campaign Medal with Device (1960) was awarded by the Government of Vietnam to all members of the Armed Forces of the United States for qualifying service in Vietnam during the period 
1 March 1961 through 28 March 1973.  Qualifying service included assignment in Vietnam for 6 months or more.

11.  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 that during the period of the applicant's assignment in Vietnam the units he was assigned to were cited for unit awards as follows:

	a.  The 2d Battalion, 501st Infantry was awarded the Presidential Unit Citation for the period 10-21 May 1969, by Department of the Army General Orders (DAGO) Number 16, dated in 1972, and the RVN Civil Actions Honor Medal First Class Unit Citation for the period 18 March 1968 to 2 May 1970, by DAGO 48, dated 1971.

	b.  The 101st Military Intelligence Detachment was awarded the RVN Gallantry Cross with Palm Unit Citation for the period 19 July 1968 to 14 May 1969, by DAGO 43, dated 1970.
DISCUSSION AND CONCLUSIONS:

1.  The applicant contends his records should be corrected to show he was discharged as a SGT and he received the Army Commendation Medal and Good Conduct Medal.  

2.  Special orders show the applicant was promoted to SGT effective 
14 December 1969.

3.  General orders show he was awarded the Good Conduct Medal and the Army Commendation Medal.
 
4.  The record reflects he participated in three designated campaign during his service in the RVN; therefore, he is authorized three bronze service stars to be worn on the Vietnam Service Medal.  

5.  Although his DD Form 214 shows he was awarded the RVN Campaign Medal, it is not listed correctly.  It should be listed as the Vietnam Campaign Medal with Device 1960.  His DD Form 214 should be corrected.

6.  His units were authorized the Presidential Unit Citation, RVN Civil Actions Honor Medal First Class Unit Citation, and the RVN Gallantry Cross with Palm Unit Citation.  These awards should be added to his DD Form 214.

BOARD VOTE:

____X___  ____X___  ____X___  GRANT FULL RELIEF 

________  ________  ____ ____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION


BOARD DETERMINATION/RECOMMENDATION:

1.  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 entry on DD Form 214 in:

* item 5a and adding "SGT"
* item 5b and adding "E-5"
* item 6 and adding 14 December 1969

   b.  deleting the Vietnam Campaign Medal and Vietnam Service Medal from item 26 of his DD Form 214; and 

   c.  adding to his DD Form 214 the Army Commendation Medal, Good Conduct Medal, Vietnam Service Medal with three bronze service stars, RVN Campaign Medal with Device (1960), Presidential Unit Citation, RVN Civil Actions Honor Medal First Class Unit Citation, and the RVN Gallantry Cross with Palm 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)                                         AR20100000026



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ABCMR Record of Proceedings (cont)                                         AR20100019351	



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