IN THE CASE OF:	  

		BOARD DATE:	  24 February 2011

		DOCKET NUMBER:  AR20100021434 


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 of his decorations and awards. 

2.  The applicant states he served in Vietnam from September 1968 to March 1969, was involved in three campaigns, and earned numerous medals, none of which appear on his DD Form 214.

3.  The applicant provides:

* DA Form 20 (Enlisted Qualification Record)
* DD Form 214
* general orders awarding him the Army Commendation Medal (ARCOM)
* DA Form 137 (Installation Clearance Record)

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 was inducted into the Army of the United States on 16 April 1968.  After completing initial entry training, he was awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman) and assigned for duty in Vietnam with further assignment to Company C, 3d Battalion, 47th Infantry, 9th Infantry Division.  He later served in Japan in MOS 55C (Ammunition Maintenance Specialist).  He was honorably released from active duty on 9 April 1970 after completing 1 year, 11 months, and 24 days of active military service.

3.  His DA Form 20 shows in:

* item 31 (Foreign Service) he served in Vietnam from 19 September 1968 to 10 March 1969 and was credited with 6 months of service
* item 38 (Record of Assignments) he was assigned to Company C, 3d Battalion, 47th Infantry from 28 September 1968 to 9 March 1969
* item 41 (Awards and Decorations) he was authorized the:

* National Defense Service Medal (NDSM)
* Vietnam Campaign Medal 
* Vietnam Service Medal (VSM)
* Combat Infantryman Badge (CIB)

4.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows one award—the NDSM.

5.  Headquarters, U.S. Army Training Center, Fort Polk, LA, issued the following special orders awarding him Marksmanship Qualification Badges:

* Special Orders Number 137 Extract, dated 28 May 1968, awarded the Sharpshooter Marksmanship Qualification Badge based on his score for the M14 rifle  
* Special Orders Number 211 Extract, dated 19 August 1968, awarded the:

* Sharpshooter Marksmanship Qualification Badge based on his score with the M60 machine gun 
* Marksman Marksmanship Qualification Badge based on his qualifying score with the M16 rifle  

6.  The following orders issued by Headquarters, 9th Infantry Division, awarded him, respectively, the CIB and ARCOM:

* Special Orders Number 328 Extract, dated 23 November 1968
* General Orders Number 2531, dated 4 March 1969

7.  Army Regulation 600-8-22 (Military Awards) states the Vietnam Service Medal (VSM) is awarded to all members of the Armed Forces of the United States for qualifying service in Vietnam after 3 July 1965 through 28 March 1973.  

	    a.  Qualifying service included attachment to or assignment for 1 or more days with an organization participating in or directly supporting military operations.  Qualifying service also included temporary duty for 30 consecutive days or 60 nonconsecutive days in Vietnam or contiguous areas, except that the time limit may be waived for personnel participating in actual combat operations.  

	    b.  This same regulation states a bronze service star will be awarded for wear on the VSM for participation in each credited campaign.  His service coincides with three campaigns:  Vietnamese Counteroffensive Phase V
(1 July - 1 November 1968), Vietnamese Counteroffensive Phase VI 
(2 November 1968 - 22 February 1969), and Tet 69/Counteroffensive
(23 February - 8 June 1969)

8.  Army Regulation 600-8-22 states the Republic of Vietnam (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.  Qualifying service outside the geographical limits of the RVN required the individual to provide direct combat support to the RVN and Armed Forces.  Individuals who qualified for award of the VSM or the Armed Forces Expeditionary Medal and served for less than six months of service but:

* were wounded as a result of hostile action 
* were captured by hostile forces but later escaped or were rescued or released
* were killed in action or otherwise in line of duty are also entitled to award of the RVN Campaign Medal with Device (1960).




9.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam.  The pamphlet shows 3d Battalion, 47th Infantry, was cited for award of the:

* Meritorious Unit Commendation (MUC) for the period 1 January to 31 December 1968, by Department of the Army General Orders (DAGO) Number 36, dated 1970
* RVN Gallantry Cross with Palm Unit Citation for the period January to June 1969, by DAGO 31, dated 1969
* RVN Civil Actions Honor Medal First Class Unit Citation for the period 19 December 1966 to 28 June 1969, by DAGO 59, dated 1969

10.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, release from active duty service, or control of the Active Army.  It establishes standardized policy for preparing and distributing the DD Form 214.  The version in effect at the time stated to enter all decorations, service medals, campaign credits, and badges awarded or authorized in item 24.

DISCUSSION AND CONCLUSIONS:

1.  The evidence shows the applicant is entitled to several awards that are not listed on his DD Form 214.

2.  Special orders awarded him the Sharpshooter Marksmanship Qualification Badge based on his scores for the M14 rifle and M60 machine gun and the Marksman Marksmanship Qualification Badge based on his score with the M16 rifle.  Therefore, he is entitled to correction of his DD Form 214 to show the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M14) and Machinegun Bar and the Marksman Marksmanship Qualification Badge with Rifle Bar (M16).  

3.  Special orders awarded him the CIB, and general orders awarded him the ARCOM.  Therefore, he is entitled to correction of his DD Form 214 to show the CIB and ARCOM.

4.  His service in Vietnam meets the criteria for award of the VSM with three bronze service stars and the RVN Campaign Medal with Device (1960).  Therefore, he is entitled to correction of his DD Form 214 to show these awards.  

5.  General orders confirm the applicant's unit was awarded the MUC, RVN Gallantry Cross with Palm Unit Citation, and RVN Civil Actions Honor Medal First Class Unit Citation.  These awards are not shown in his record.  Therefore, he is entitled to correction of his DD Form 214 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 adding to item 24 of his DD Form 214 the:

* Army Commendation Medal
* Vietnam Service Medal with three bronze service stars
* Combat Infantryman Badge
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M14) and Machinegun Bar
* Marksman Marksmanship Qualification Badge with Rifle Bar (M16)
* Meritorious Unit Commendation 
* Republic of Vietnam Campaign Medal with Device (1960)
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* 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)                                         AR20100021434





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ABCMR Record of Proceedings (cont)                                         AR20100021434



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