IN THE CASE OF:	  

		BOARD DATE:	  5 May 2011

		DOCKET NUMBER:  AR20100025581 


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 to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show award of the Combat Medical Badge, Parachutist Badge, and Presidential Unit Citation.

2.  He states his DD Form 214 does not show the above awards and he believes that they should be reflected.  He states he had not looked at his DD Form 214 prior to August 2010.  

3.  He provides:

* DA Form 20 (Enlisted Qualification Record)
* Combat Medical Badge Orders
* 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 enlisted in the Regular Army in pay grade E-1 on 1 March 1966, for 3 years.  He completed training and he was awarded military occupational specialty 91B (Medical Corpsman).  

3.  Specials Orders Number 195 issued by Headquarters, U.S. Army Infantry Center, Fort Benning, GA, dated 24 August 1966, show he was awarded the Parachutist Badge.

4.  He served in Vietnam from 25 September 1966 through 24 September 1967, during two campaigns.  He was assigned to Company B (Medical), 173rd Support Battalion.  

5.  Special Orders Number 243 issued by Headquarters, 173rd Airborne Brigade, dated 31 August 1967, show he was awarded the Combat Medical Badge.

6.  On 18 January 1969, he was honorably released from active duty in pay grade E-3, as an overseas returnee, and he was transferred to the U.S. Army Reserve Control Group (Reinforcement) to complete his remaining service obligation.  He was credited with completing 2 years, 11 months, and 18 days of active service and he had no recorded lost time.

7.  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, and Republic of Vietnam Campaign Medal with Device (1960).  

8.  Item 41 (Awards and Decorations) of his DA Form 20 also shows the Marksman Marksmanship Qualification Badge with Rifle Bar (M-14).

9.  Army Regulation 600-8-22 (Military Awards) states a bronze service star is authorized with the Vietnam Service Medal for each Vietnam campaign a member is credited with participating in.  

10.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows his unit, 173rd Support Battalion, was cited for award of the:


* Meritorious Unit Commendation for the period 5 May 1965-4 May 1967 by Department of the Army General Orders (DAGO) Number 48, dated 1968
* Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 5 May 1965-26 September 1970 by DAGO Number 51, dated 1971

DISCUSSION AND CONCLUSIONS:

1.  Special orders awarded the applicant the Parachutist Badge and Combat Medical Badge.  Therefore, he is entitled to correction to his DD Form 214 to show these awards.

2.  General orders awarded his unit the Meritorious Unit Commendation and Republic of Vietnam Gallantry Cross with Palm Unit Citation during his period of assignment. Therefore, his DD Form 214 should be corrected to show these unit awards. 

3.  The available evidence confirms he participated in two campaigns while serving in Vietnam.  Therefore, he is entitled to two bronze service stars for wear on his already-awarded Vietnam Service Medal.

4.  The applicant was awarded the Marksman Marksmanship Qualification Badge with Rifle Bar (M-14) which is not shown on his DD Form 214.  Therefore, his DD Form 214 should be corrected to show this badge.

5.  There is no evidence his unit was authorized award of the Presidential Unit Citation during his period of service in Vietnam.  Therefore, he is not entitled to this award and its addition to his DD Form 214.  

6.  In view of the foregoing, his records should be corrected as recommended below.

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:

	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:

* Parachutist Badge
* Combat Medical Badge
* Vietnam Service Medal with two bronze service stars
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-14)
* Meritorious Unit Commendation
* Republic of Vietnam Gallantry Cross with Palm Unit Citation

2.  The Board further determined that the evidence presented is insufficient to war ant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to award of the Presidential Unit Citation and its addition to his DD Form 214.



      _______ _   _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)                                         AR20100025581



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ABCMR Record of Proceedings (cont)                                         AR20100025581



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