IN THE CASE OF:	  

		BOARD DATE:	  1 February 2011

		DOCKET NUMBER:  AR20100020200 


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 record be corrected by adding a third award of the Army Commendation Medal (ARCOM) and all unit awards due based on his service and campaign participation in the Republic of Vietnam (RVN).

2.  The applicant states the third award of the ARCOM he received was not added to his record and that all unit awards he is due based on his service and campaign participation the RVN are not included in his record and on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).

3.  The applicant provides the following documents in support of his application:

* self-authored statement
* ARCOM Certificate, dated 12 February 1971
* ARCOM Citation
* ARCOM Orders, dated 24 February 1971
* enlisted disability retirement letter orders, dated 3 August 1971
* DD Forms 214, dated 5 September 1969 and 10 August 1971
* DD Form 215 (Correction to DD Form 214), dated 20 April 1972

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 initially served on active duty in the Regular Army from 26 October 1966 through 5 September 1969.  He again enlisted in the Regular Army for 2 years on 16 January 1970.

3.  The record shows he was trained in, awarded, and held military occupational specialty (MOS) 11B (Light Weapons Infantryman).  He was originally promoted to sergeant (SGT)/E-5, the highest rank he held while serving on active duty, on 7 October 1968 and he retained that grade upon his enlistment on 16 January 1970.

4.  The applicant's DA Form 20 (Enlisted Qualification Record) shows he served in the RVN from 3 December 1967 through 15 November 1968 and again from 6 August 1970 through 17 March 1971.  Item 38 (Record of Assignments) shows he served with the following units in the RVN for the periods indicated:

* Company C, 2nd Battalion, 506th Infantry Regiment (1 October 1967-24 November 1968)
* Company G, 75th Rangers (13 August 1970-13 September 1970)
* Headquarters and Headquarters Company (HHC), 14th Aviation Battalion (14 September 1970-24 September 1970)
* HHC, 2nd Battalion, 506th Infantry Regiment (14 November 1970-3 March 1971)

5.  Item 41 (Awards and Decorations) of the applicant's DA Form 20 shows he earned the following awards during his active duty tenure:

* National Defense Service Medal (NDSM)
* Vietnam Service Medal (VSM) with four bronze service stars
* RVN Campaign Medal with Device (1960)
* Bronze Star Medal (BSM)
* Air Medal (AM)
* ARCOM with "V" Device and 1st Oak Leaf Cluster
* Combat Infantryman Badge (CIB)
* Parachutist Badge
* Army Good Conduct Medal (AGCM)
* Sharpshooter Marksmanship Qualification Badge with Rifle Bars (M-14 and M-16)

6.  The applicant's DA Form 201 (Military Personnel Records Jacket) contains Headquarters, 101st Air Cavalry Division, General Orders (GO) Number 4246, dated 1 August 1968, which awarded the applicant the ARCOM for meritorious achievement in the RVN for the period 3 December 1967 through 3 May 1968.  It also contains Headquarters, 101st Airborne Division, GO Number 10449, dated 30 November 1968, which awarded the applicant the ARCOM with "V" Device for heroism in the RVN on 25 July 1968.

7.  On 10 August 1971, the applicant was honorably retired by reason of disability in the rank of SGT/E-5 after completing a total of 4 years, 9 months, and 15 days of active military service.  The DD Form 214 issued to the applicant on 10 August 1971 lists the VSM and RVN Campaign Medal with Device (1960) in item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized).

8.  The applicant provides Headquarters, 101st Airborne Division (Airmobile), GO Number 1676, dated 24 February 1971, which awarded him the ARCOM for meritorious achievement in the RVN during the period 1 September 1970 through 31 January 1971.  He also provides the accompanying ARCOM Certificate and Citation for this award.

9.  Army Regulation 600-8-22 (Military Awards) contains the Army's awards policy.  Paragraph 2-13 contains guidance on the VSM.  It states a bronze service star is authorized for wear with this award for each campaign a member is credited with participating in while serving in the RVN.  A silver service star is issued in lieu of five bronze service stars to denote participation in five campaigns.

10.  Table B-1 of Army Regulation 600-8-22 contains a list of campaigns and shows that during the applicant's tenure of assignment in the RVN, participation credit was granted for the following six campaigns:

* Vietnam Counteroffensive Phase III (1 June 1967-29 January 1968)
* Tet Counteroffensive (30 January 1968-1 April 1968)
* 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)
* Vietnam Counteroffensive Phase VII (1 July 1970-30 June 1971)

11.  Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) assists commanders in determining or establishing the eligibility of individual members for campaign participation credit, assault landing credit, and unit citation badges awarded during the Vietnam Conflict.  It shows that during the applicant's tenure of assignment in the RVN, his units (HHC and Company C, 2nd Battalion, 506th Infantry Regiment) earned the following awards:

* Presidential Unit Citation (PUC) 
* Meritorious Unit Commendation (MUC)
* RVN Gallantry Cross with Palm Unit Citation
* RVN Civil Actions Honor Medal First Class Unit Citation

12.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, or release from active duty service or control of the Active Army.  It also establishes standardized policy for preparing and distributing the DD Form 214.  The version of the regulation in effect at the time of the applicant's retirement provided for entering only awards earned during the period covered by the DD Form 214 in item 24.  The current version of the regulation provides for entering all awards earned during all periods of military service on the DD Form 214.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that his record and DD Form 214 should be corrected to add a third award of the ARCOM and all unit awards due based on his service and campaign participation in the RVN was carefully considered and was found to have merit.

2.  The evidence of record confirms the applicant earned two ARCOM's during his service in the RVN.  The first for meritorious achievement in the RVN during the period 3 December 1967 through 3 May 1968 and the second for heroism in the RVN on 25 July 1968 which was awarded with the "V" Device.

3.  The applicant provides official orders with the accompanying certificate and citation that confirm he also received the ARCOM for meritorious achievement in the RVN during the period 1 September 1970 through 31 January 1971.  As a result, it would be appropriate to correct his record and DD Form 214 to show he earned the ARCOM with "V" Device and 2nd Oak Leaf Cluster.

4.  The evidence of record also confirms that based on the applicant's service and campaign participation in the RVN, he is eligible for the following awards that should be added to his record and DD Form 214:

* PUC
* MUC
* RVN Gallantry Cross with Palm Unit Citation
* RVN Civil Actions Honor Medal First Class Unit Citation
* one silver service star and one bronze service star with his VSM

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 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 showing he earned the following awards and by amending his 10 August 1971 DD Form 214 by deleting the awards now listed in item 24 and replacing them with the following awards:

* NDSM
* BSM
* Air Medal
* ARCOM with "V" Device and 2nd Oak Leaf Cluster
* AGCM
* VSM with one silver service star and one bronze service star 
* RVN Campaign Medal with Device (1960)
* PUC
* MUC
* RVN Gallantry Cross with Palm Unit Citation
* RVN Civil Actions Honor Medal First Class Unit Citation
* Combat Infantryman Badge
* Parachutist Badge


* Sharpshooter Marksmanship Qualification Badge with Rifle Bars (M-14 and M-16)



      __________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)                                         AR20100020200



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ABCMR Record of Proceedings (cont)                                         AR20100020200



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