BOARD DATE: 3 March 2011
DOCKET NUMBER: AR20100020945
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 all awards and decorations he is entitled to receive.
2. He states he is applying for 100 percent disability.
3. He provides a copy of his DD Form 214.
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 records show he enlisted in the Regular Army on 5 March 1971. He served in Vietnam from 1 August 1971 to 21 April 1972 and was assigned to Company B, 3rd Battalion, 21st Infantry Regiment, 196th Infantry Brigade. He was honorably released from active duty on 23 April 1972.
3. Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaigns Awarded or Authorized) of his DD Form 214 shows the following:
* National Defense Service Medal
* Vietnam Service Medal
* Vietnam Campaign Medal with 60 Device
* Combat Infantryman Badge
* Army Good Conduct Medal
4. Special Orders Number 124, dated 4 May 1971, awarded him the Marksman Marksmanship Qualification Badge with the M-16 Rifle Bar.
5. 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 3rd Battalion, 21st Infantry Regiment, to which he was assigned, was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation by Department of the Army General Orders Number 6, dated 1974.
6. Army Regulation 600-8-22 (Military Awards), paragraph 2-13, contains the regulatory guidance on the Vietnam Service Medal and states 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, participation credit was awarded for the following three campaigns:
* Consolidation I (1 July 1971 - 30 November 1971)
* Consolidation II (1 December 1971 - 29 March 1972)
* Vietnam Ceasefire Campaign (30 March 1972 - 28 January 1973)
DISCUSSION AND CONCLUSIONS:
1. Special Orders Number 124 awarded him the Marksman Marksmanship Qualification Badge with M-16 Rifle Bar. Therefore, his records should be corrected to show this badge with the rifle bar.
2. The evidence of record shows his unit was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation during his period of assignment. Therefore, he is entitled to correction of his records to show this unit award.
3. The evidence also shows he participated in three campaigns during his service in Vietnam. Therefore, he is entitled to correction of his records to show three bronze service stars for wear on his already-awarded Vietnam Service Medal.
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
b. adding to item 24 of his DD Form 214 the Vietnam Service Medal with three bronze service stars, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Marksman Marksmanship Qualification Badge with Rifle Bar (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) AR20100020945
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ABCMR Record of Proceedings (cont) AR20100020945
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