IN THE CASE OF:	  

		BOARD DATE:	  15 March 2011

		DOCKET NUMBER:  AR20100022332 


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 DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to add the Bronze Star Medal (BSM) with "V" Device, Air Medal (2nd Award), Combat Infantryman Badge (CIB), Presidential Unit Citation (PUC), Meritorious Unit Commendation (MUC), and weapons qualification badges.

2.  The applicant states these awards are not shown on his DD Form 214.

3.  The applicant provides 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 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 military records show he was inducted into the Army of the United States on 30 January 1968 and was awarded the military occupational specialty of infantryman.  While in training, the applicant was awarded:

* Expert Marksmanship Qualification Badge with Machine Gun Bar
* Sharpshooter Marksmanship Qualification Badge with M-14 Rifle Bar
* Marksman Marksmanship Qualification Badge with M-16 Rifle Bar

3.  He served in Vietnam from 13 July 1968 to 12 September 1969 and was promoted to pay grade E-5.

4.  While in Vietnam he was assigned to:

	a.  Company D, 1st Battalion, 28th Infantry, 1st Infantry Division, as a radio telephone operator from 22 July 1968 to 26 February 1969;

	b.  Company D, 1st Battalion, 28th Infantry, 1st Infantry Division, as an automatic rifleman from 27 February to 24 April 1969;

	c.  Headquarters and Headquarters Company, 1st Battalion, 28th Infantry, 1st Infantry Division, as a clerk typist from 25 April to 22 July 1969;

	d.  Company D, 1st Battalion, 28th Infantry, 1st Infantry Division, as an automatic rifleman from 23 July to 22 August 1969; and

	e.  Headquarters and Headquarters Company, 1st Battalion, 28th Infantry, 1st Infantry Division, as an automatic rifleman from 23 August to 11 September 1969.

5.  While in Vietnam, he was awarded the:

* CIB by Special Orders Number 263, dated 19 September 1968
* Air Medal by General Orders Number 3827, dated 14 May 1969
* Air Medal (2nd Award) by General Orders Number 7034, dated 18 July 1969
* BSM by General Orders Number 7489, dated 25 July 1969
* BSM with "V" Device by General Orders Number 13557, dated 4 November 1969

6.  He was honorably released from active duty on 14 September 1969.  The DD Form 214 he was issued shows he was authorized the:

* National Defense Service Medal
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal
* Air Medal
* Bronze Star Medal
* Purple Heart

7.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows the applicant's unit was awarded the PUC for the period 6 to 9 November 1966, the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 12  July 1965 to 16 October 1968, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period October 1965 to 7 April 1970.

8.  Department of the Army Pamphlet 672-3 also shows the pertinent identified campaign periods, for which a bronze service star is authorized for wear on the Vietnam Service Medal.  For the applicant, those periods are:  Counteroffensive Phase V (1 July 1968 through 1 November 1968), Counteroffensive Phase VI (2 November 1968 through 22 February 1969), Tet 69 Counteroffensive 1969 (23 February 1969 through 8 June 1969), and Vietnam Summer-Fall 1969 (9 June 1969 through 31 October 1969).

DISCUSSION AND CONCLUSIONS:

1.  Orders verify the applicant is entitled to the:

* BSM with "V" Device 
* BSM
* Air Medal (2nd Award)
* CIB
* Expert Marksmanship Qualification Badge with Machine Gun Bar
* Sharpshooter Marksmanship Qualification Badge with M-14 Rifle Bar
* Marksman Marksmanship Qualification Badge with M-16 Rifle Bar

2.  Based on the applicant assignments in Vietnam, he is also entitled to the Republic of Vietnam Gallantry Cross with Palm Unit Citation, Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, and four bronze service stars to be affixed to his already-authorized Vietnam Service Medal.  The applicant was not assigned to his unit during the time that unit was awarded the PUC and his unit was not awarded the MUC.  As such, he is not entitled to have the PUC or MUC entered on his DD Form 214.


BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____X____  ___X_____  ____X____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined the evidence presented is sufficient to warrant a recommendation for partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending his DD Form 214 to add the:

* BSM (2nd Award) and "V" Device 
* Air Medal (2nd Award)
* CIB
* Expert Marksmanship Qualification Badge with Machine Gun Bar
* Sharpshooter Marksmanship Qualification Badge with M-14 Rifle Bar
* Marksman Marksmanship Qualification Badge with M-16 Rifle Bar
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation
* four bronze service stars to be affixed to his already-authorized Vietnam Service Medal

2.  The Board further determined the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to the PUC and MUC.



      ____________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)                                         AR20100022332



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ABCMR Record of Proceedings (cont)                                         AR20100022332



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