BOARD DATE:	  12 May 2011

		DOCKET NUMBER:  AR20100026996 


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 (Report of Transfer or Discharge) to show the Bronze Star Medal, Army Commendation Medal with First Oak Leaf Cluster, Expert Marksmanship Qualification Badge with Automatic Rifle Bar (M-16), Marksman Marksmanship Qualification Badge with Machinegun Bar, and three bronze service stars to be affixed to the Vietnam Service Medal. 

2.  The applicant states, in effect, these awards do not appear on his DD Form 214 but are shown on the DA Form 1577 (Authorization for Issuance of Awards).

3.  The applicant provides a DA Form 1577, dated 27 February 1975, which shows he was issued the above awards.

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.  He was inducted into the Army of the United States on 4 September 1968.  He arrived in Vietnam on 8 March 1969.  He served as a personnel specialist assigned to Company B, 2nd Battalion, 502nd Infantry in Vietnam from 22 March to 27 August 1969.  He was assigned to Headquarters and Headquarters Company, 2nd Battalion, 502nd Infantry in Vietnam from 28 August to 
27 October 1969.  He was assigned to the 101st Administration Company of the 101st Airborne Division in Vietnam from 28 October 1969 to 7 April 1970.  On this same date, he was released from active duty and transferred to the U.S. Army Reserve Control Group (Annual Training) to complete his remaining service obligation.  

3.  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, Republic of Vietnam Campaign Medal with Device (1960), Combat Infantryman Badge, Army Commendation Medal, Purple Heart, Air Medal, Good Conduct Medal, two Overseas Service Bars, and Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14) as authorized awards. 

4.  Special Orders, dated 31 October 1968, show he received the Expert Marksmanship Qualification Badge (Automatic Rifle M-16).  

5.  Special Orders, dated 12 December 1968, show he received the Marksman Marksmanship Qualification Badge with Machinegun Bar.  

6.  General Orders, dated 30 August 1969, show he received the Army Commendation Medal.

7.  General Orders, dated 3 February 1970, show he received the Bronze Star Medal.

8.  General Orders, dated 5 March 1970, show he received the Army Commendation Medal with First Oak Leaf Cluster.
 
9.  Records show he participated in three campaigns during his assignment in Vietnam.

10.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in Vietnam.  This document shows the applicant's unit, 2nd Battalion, 502nd Infantry, at the time of his assignment was awarded the:

* Republic of Vietnam Gallantry Cross with Palm Unit Citation by Department of the Army General Orders (DAGO) Number 48, dated 1971
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation by DAGO Number 48, dated 1971

11.  Department of the Army Pamphlet 672-3 shows the 101st Administration Company, 101st Airborne Division was also awarded the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation by DAGO Number 48, dated 1971, at the time of his assignment.

12.  Army Regulation 600-8-22 (Military Awards) authorizes award of a bronze service star based on qualifying service for each campaign listed in appendix B and states that authorized bronze service stars will be worn on the appropriate service medal, including the Vietnam Service Medal.

DISCUSSION AND CONCLUSIONS:

1.  Orders show he received the Bronze Star Medal, Army Commendation Medal with First Oak Leaf Cluster, Expert Marksmanship Qualification Badge with Automatic Rifle Bar (M-16), and Marksman Marksmanship Qualification Badge with Machinegun Bar.  His DD Form 214 should be corrected to show these awards.

2.  He participated in three campaigns during his assignment in Vietnam which entitles him to award of the Vietnam Service Medal with three bronze service stars.  His DD Form 214 should be corrected to show this award.
 
3.  His unit (2nd Battalion, 502nd Infantry) was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation while he was assigned to the unit.  His DD Form 214 should be corrected to show this unit award.

4.  His units were cited for two awards of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation while he was assigned to the units.  Therefore, his DD Form 214 should be corrected 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:

	a.  deleting the entry "ARCOM" from item 24 of his DD Form 214; and 

	b.  adding the Bronze Star Medal, Army Commendation Medal with First Oak Leaf Cluster, Expert Marksmanship Qualification Badge with Automatic Rifle Bar (M-16), Marksman Marksmanship Qualification Badge with Machinegun Bar, Republic of Vietnam Gallantry Cross with Palm Unit Citation, two awards of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, and three bronze service stars for wear on his already-awarded Vietnam Service Medal to item 24 of 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)                                         AR20100026996



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ABCMR Record of Proceedings (cont)                                         AR20100026996



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