BOARD DATE:	  5 April 2011

		DOCKET NUMBER:  AR20100023644


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, in effect, correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show the:

* Army Good Conduct Medal
* Vietnam Service Medal with "2 or 3 bronze service stars"
* Republic of Vietnam (RVN) Gallantry Cross with Palm Unit Citation
* RVN Civil Actions Honor Medal First Class Unit Citation
* all other awards he is authorized for his Vietnam service 

2.  The applicant states, in effect, the requested awards were left off his DD Form 214 at the time of his departure from Vietnam and the Army.

3.  The applicant provides his DD Form 214; his DA Form 20 (Enlisted Qualification Record); and correspondence from the National Personnel Records Center, dated 18 January 2010.

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
5 September 1968 for a period of 2 years.  He completed training and he was awarded military occupational specialty 11B (Light Weapons Infantryman).

3.  His records show he served in the RVN from 28 August 1969 to 1 June 1970. During his service in Vietnam he was assigned to:

* Headquarters and Headquarters Company, 1st Battalion (Airmobile), 501st Infantry Regiment, 101st Airborne Division (Airmobile), from
11 September 1969 through 17 September 1969
* Company C, 1st Battalion (Airmobile), 501st Infantry Regiment,
101st Airborne Division (Airmobile), from 18 September 1969 to 1 June 1970

4.  On 4 June 1970, he was honorably released from active duty and he was transferred to the U.S. Army Reserve (USAR) Control Group (Annual Training) to complete his remaining service obligation.  His DD Form 214 shows he completed 1 year and 9 months of total active service, including 9 months and
6 days of foreign service.  The highest rank/grade he attained while serving on active duty was staff sergeant (SSG)/E-6.

5.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the:

* National Defense Service Medal
* Vietnam Service Medal
* RVN Campaign Medal with Device (1960)
* Air Medal
* Combat Infantryman Badge
* 2 Overseas Service Bars
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-14)

6.  General Orders Number 6199, issued by Headquarters, 101st Airborne Division (Airmobile), dated 1 June 1970, awarded him the Army Good Conduct Medal for the period 5 September 1968 through 4 June 1970.

7.  Army Regulation 600-8-22, paragraph 2-13, contains the regulatory guidance on the Vietnam Service Medal.  It states, in pertinent part, 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, the applicant participated in the following three campaigns:

* Vietnam Summer - Fall 1969 (9 June 1969 - 31 October 1969)
* Vietnam Winter - Spring 1970 (1 November 1969 - 30 April 1970)
* Sanctuary Counteroffensive (1 May 1970 - 30 June 1970) 

8.  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 the 1st Battalion, 501st Infantry Regiment, was cited for award of the RVN Civil Actions Honor Medal First Class Unit Citation for the period January 1968 through 28 September 1970 by Department of the Army General Orders (DAGO) Number 48, dated 1971.

9.  Department of the Army Pamphlet 672-3, paragraph 6d, states that Department of the Army General Orders Number 8, dated 1974, announced award of the RVN Gallantry Cross with Palm Unit Citation to Headquarters, U.S. Army Vietnam, and its subordinate units, during the period 20 July 1965 through 28 March 1973.

10.  A review of his records indicates he is entitled to additional awards which are not shown on his DD Form 214.

11.  General Orders Number 1584, issued by Headquarters, 101st Airborne Division (Airmobile), dated 9 February 1970, awarded him the Army Commendation Medal for meritorious achievement for the period 1 September 1969 to 31 January 1970.

12.  Special Orders Number 256, issued by Headquarters, U.S. Army Training Center, Infantry, Fort Benning, GA, dated 24 October 1968, awarded him the First Class Gunner Badge [Sharpshooter Marksmanship Qualification Badge] with Grenade Bar.

13.  Special Orders Number 7, issued by Headquarters, U.S. Army School/
Training Center, Fort McClellan, AL, dated 9 January 1969, awarded him the First Class Gunner Badge [Sharpshooter Marksmanship Qualification Badge] with Machinegun Bar (M-60).

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request for correction of his DD Form 214 to show missing Vietnam-era awards was carefully considered and determined to have merit.

2.  General orders awarded him the Army Commendation Medal and the Army Good Conduct Medal, which are not shown on his DD Form 214.  Therefore he is entitled to correction of his DD Form 214 to show these awards.

3.  Special orders awarded him the Sharpshooter Marksmanship Qualification Badge with Machinegun (M-60) and Grenade Bars which are not shown on his DD Form 214.  Therefore, he is entitled to correction of his DD Form 214 to show these marksmanship awards.

4.  General orders cited his unit in Vietnam the RVN Gallantry Cross with Palm Unit Citation and the RVN Civil Actions Honor Medal First Class Unit Citation during his period of assignment, which are not shown on his DD Form 214.  Therefore, he is entitled to correction of his DD Form 214 to show these unit awards.

5.  Records show he participated in three campaigns during his service in Vietnam.  Therefore, he is entitled to three bronze service stars for wear on his already-awarded and correction of his DD Form 214 to show these bronze service stars.

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 is 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:

* Army Commendation Medal
* Army Good Conduct Medal (1st Award)
* Vietnam Service Medal with three bronze service stars
* RVN Gallantry Cross with Palm Unit Citation
* RVN Civil Actions Honor Medal First Class Unit Citation
* Sharpshooter Marksmanship Qualification Badge with Machinegun Bar (M-60)
* Sharpshooter Marksmanship Qualification Badge with Grenade Bar



      __________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)                                         AR20100015543



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20100023644



5


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1