IN THE CASE OF:	  

		BOARD DATE:	  4 May 2011

		DOCKET NUMBER:  AR20100026978 


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 the:

* Bronze Star Medal
* Army Good Conduct Medal
* two or three bronze service stars to be affixed to the Vietnam Service Medal
* Expert Marksmanship Qualification Badge with Automatic Rifle, Grenade, and Rifle Bars
* Presidential Unit Citation
* Valorous Unit Award
* Meritorious Unit Commendation

2.  The applicant states the awards were left off his DD Form 214 upon leaving Vietnam and the Army.

3.  The applicant provides:

* DD Form 214
* letter from the National Personnel Records Center
* DA Form 20 (Enlisted Qualification Record)
* orders awarding him the Expert Marksmanship Qualification Badge with Rifle Bar
* 
orders awarding him military occupational specialty (MOS) 11B (Light Weapons Infantryman)
* orders awarding him the Soldier's Medal

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 records show he enlisted in the Regular Army on 25 February 1969 and held MOS 11B.  He served in Vietnam from 4 May 1970 to 9 April 1971.  He was assigned to Troop A, 1st Squadron, 11th Armored Cavalry Regiment (ACR).

3.  Special Orders Number 89 issued by Headquarters, U.S. Army Training Center, Infantry, Fort Benning, GA, on 14 April 1969 awarded him the Expert Marksmanship Qualification Badge with Rifle Bar (M-14).

4.  Special Orders Number 97 issued by Headquarters, U.S. Army Training Center, Infantry, Fort Benning, GA, on 23 April 1969 awarded him the Expert Marksmanship Qualification Badge with Grenade Bar.

5.  Special Orders Number 75 issued by Headquarters, 82nd Airborne Division, Fort Bragg, NC, on 27 March 1970, awarded him the Expert Marksmanship Qualification Badge with Rifle Bar (M-16).

6.  General Orders Number 1360 issued by Headquarters, II Field Force Vietnam, on 29 April 1971, awarded him the Bronze Star Medal for meritorious service in connection with military operations against a hostile force for the period May 1970 to May 1971.

7.  He was honorably discharged on 25 July 1971 for the purpose of immediate reenlistment.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 for this period of service shows the:

* National Defense Service Medal
* Combat Infantryman Badge
* Vietnam Campaign Medal
* Vietnam Service Medal
* Parachutist Badge
* one overseas service bar
* Soldier's Medal

8.  He reenlisted on 26 July 1971 and served in Hawaii.  He was ultimately discharged on 5 April 1973.  Item 24 of his DD Form 214 for this period of service shows the Army Good Conduct Medal.

9.  General Orders Number 145 issued by Headquarters, 25th Infantry Division, HI, on 19 June 1972 awarded him the Army Good Conduct Medal for the period 25 February 1969 through 24 February 1972.

10.  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 Troop A, 1st Squadron, 11th ACR, was cited by Department of the Army general orders (DAGO) for the following awards:

* Republic of Vietnam Gallantry Cross with Palm Unit Citation for service from 1 November to 31 December 1970 by DAGO Number 42, dated 1972
* Republic of Vietnam Gallantry Cross with Palm Unit Citation for service from 21 February 1970 to 28 February 1971 by DAGO Number 42, dated 1972

11.  There is no indication the 1st Squadron, 11th ACR, was cited for awards of the Presidential Unit Citation, Valorous Unit Award, or Meritorious Unit Commendation during the applicant's service/tenure with this unit.

12.  Department of the Army Pamphlet 672-3 states not more than one Republic of Vietnam Gallantry Cross Unit Citation will be worn by any individual.  Although multiple awards of this unit citation are not authorized for wear, official military and historical records will indicate all awards received.  However, in the case of duplicate awards covering the same period of time, only one award will be recorded in official military and historical records.


13.  Appendix B of Army Regulation 600-8-22 (Military Awards) shows participation credit was awarded for two campaigns during his service in the Republic of Vietnam, as indicated below.  This same regulation states a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.

* Sanctuary Counteroffensive (1 May to 30 June 1970)
* Vietnam Counteroffensive Phase VII (1 July 1970 to 30 June 1971)

14.  Army Regulation 600-8-22 states:

	a.  The Presidential Unit Citation is awarded for extraordinary heroism in action.  A unit must display such gallantry, determination, and esprit de corps in accomplishing its mission as would warrant award of the Distinguished Service Cross to an individual.

	b.  The Valorous Unit Award is awarded for extraordinary heroism in action against an armed enemy of the United States while engaged in military operations involving conflict with an opposing foreign force or while serving with friendly foreign forces engaged in an armed conflict in which the United States is not a belligerent party for actions occurring on or after 3 August 1963.  This award requires a lesser degree of gallantry, determination, and esprit de corps than required for the Presidential Unit Citation.

	c.  The Meritorious Unit Commendation is awarded to units for exceptionally meritorious conduct in the performance of outstanding services for at least 6 continuous months during the period of military operations against an armed enemy occurring on or after 1 January 1944.  Units based in the continental United States are excluded from this award as are other units outside the area of operation.  The degree of achievement required is the same as that which would warrant award of the Legion of Merit to an individual.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends his DD Form 214 should be corrected to show:

* Bronze Star Medal
* Army Good Conduct Medal
* two or three bronze service stars to be affixed to the Vietnam Service Medal
* 
Expert Marksmanship Qualification Badge with Automatic Rifle, Grenade, and Rifle Bars
* Presidential Unit Citation
* Valorous Unit Award
* Meritorious Unit Commendation

2.  With respect to the Bronze Star Medal, GO awarded him the Bronze Star Medal which is not shown on his DD Form 214.  Therefore, he is entitled to correction of his DD Form 214 for the period ending 5 April 1973 to show this award.

3.  With respect to the Army Good Conduct Medal, GO awarded him the Army Good Conduct Medal on 19 June 1972 for service from 25 February 1969 through 24 February 1972.  This award is appropriately listed on his DD Form 214 for the period ending 5 April 1973.  No further correction is required.

4.  With respect to his campaigns, the evidence of record shows he participated in two campaigns during his service in Vietnam.  Therefore, he is entitled to two bronze service stars to be affixed to his already-awarded Vietnam Service Medal and correction of his DD Form 214 to show these service stars.

5.  With respect to his marksmanship qualification badges, special orders awarded him the Expert Marksmanship Qualification Badge with Rifle Bar (M-14), Grenade Bar, and Rifle Bar (M-16) which are not shown on his DD Form 214,  Therefore, he is entitled to correction of his DD Form 214 for the period ending 5 April 1973 to show these badges.

6.  With respect to unit awards, GO awarded his unit two awards of the Republic of Vietnam Gallantry Cross with Palm Unit Citation which are not shown on his DD Form 214.  Therefore, he is entitled to correction of his DD Form 214 for the period ending 5 April 1973 to show these unit awards.

7.  With respect to the Presidential Unit Citation, Valorous Unit Award, and Meritorious Unit Commendation, there is no evidence his unit was awarded these unit awards during his assignment/tenure.  Additionally, there is no evidence in his records that shows he was assigned or attached to any other unit in Vietnam that was awarded these unit awards.  Therefore, there is insufficient evidence to add them to his DD Form 214.

8.  At the time of his service, each DD Form 214 listed awards and decorations pertaining to the period covered by the DD Form 214.  However, as matter of 

clarity, there is no harm to add to his DD Form 214 for the period ending 5 April 1973 those awards that were listed on his previously-issued DD Forms 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 adding to item 24 of his DD Form 214 for the period ending 5 April 1973:

* Soldier's Medal
* Bronze Star Medal
* National Defense Service Medal
* Vietnam Service Medal with two bronze service stars
* Republic of Vietnam Campaign Medal with Device (1960)
* Combat Infantryman Badge
* Parachutist Badge
* Expert Marksmanship Qualification Badge with Rifle Bar (M-14)
* Expert Marksmanship Qualification Badge with Rifle Bar (M-16)
* Expert Marksmanship Qualification Badge with Grenade Bar
* Republic of Vietnam Gallantry Cross with Palm Unit Citation (2nd Award)

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:

* Presidential Unit Citation
* 
Valorous Unit Award
* Meritorious Unit Commendation



      ____________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)                                         AR20100026978



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ABCMR Record of Proceedings (cont)                                         AR20100026978



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