IN THE CASE OF:	  

		BOARD DATE:	  19 May 2011

		DOCKET NUMBER:  AR20100027351 


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:

* Army Good Conduct Medal (1st Award)
* Republic of Vietnam Gallantry Cross with Palm Unit Citation

2.  The applicant states the awards were left off his DD Form 214.

3.  The applicant provides his DD Form 214 and orders awarding him the Army Good Conduct Medal (1st Award).

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 20 May 1968 and held military occupational specialty 11B (Light Weapons Infantryman).  He served in Vietnam from 9 December 1968 to 30 July 1969.  He was assigned as follows:

* Company B, 3rd Battalion, 47th Infantry, 9th Infantry Division, from 15 December 1968 to 2 July 1969
* Company C, 4th Battalion, 39th Infantry, 9th Infantry Division, from 3 to 30 July 1969

3.  He was honorably released from active duty on 19 May 1971 and he was transferred to the U.S. Army Reserve Control Group to complete his remaining service obligation.  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 with four bronze service stars
* Republic of Vietnam Campaign Medal with 1960 Device
* Combat Infantryman Badge
* Parachutist Badge
* Army Commendation Medal (2nd Award)
* Purple Heart
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar 

4.  General Orders Number 103, issued by Headquarters, 1st Armored Division, on 3 May 1971, awarded him the Army Good Conduct Medal (1st Award) for service from 20 May 1968 through 19 May 1971.

5.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows the 3rd Battalion, 47th Infantry, was cited for awards of the:

* Meritorious Unit Commendation for service from 1 January to 31 December 1968 based on Department of the Army General Orders (DAGO) Number 36, dated 1970
* Republic of Vietnam Gallantry Cross with Palm Unit Citation for service from 1 January to 30 June 1969 based on DAGO Number 31, dated 1969
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for service from 19 December 1966 to 28 June 1969 based on DAGO Number 59, dated 1969

6.  A review of the applicant's records indicates his entitlement to additional awards that are not shown on his DD Form 214.

7.  Special Orders Number 192, issued by Headquarters, U.S. Army Training Center, Infantry, Fort Bragg, NC, on 10 July 1968, awarded him the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14).

8.  Special Orders Number 178, issued by Headquarters, U.S. Army Training Center, Infantry, Fort Gordon, GA, on 5 September 1968, awarded him the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16) and Special Orders Number 182, issued by the same headquarters on 10 September 1968, awarded him the First Class (Sharpshooter) Marksmanship Qualification Badge with Machinegun Bar (M-60).

DISCUSSION AND CONCLUSIONS:

1.  General orders awarded him the Army Good Conduct Medal (1st Award) which is not shown on his DD Form 214; therefore, he is entitled to correction of his records to show this award.

2.  General orders awarded his unit the Republic of Vietnam Gallantry Cross with Palm Unit Citation, Meritorious Unit Commendation, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation which are not shown on his records; therefore, he is entitled to correction of his DD Form 214 to show these unit awards.

3.  Special orders awarded him the Sharpshooter Marksmanship Qualification Badge with Rifle (M-14 and M-16) and Machinegun (M-60) Bars.  His DD Form 214 shows he qualified sharpshooter with the rifle but not the type of rifle.  Therefore, he is entitled to correction of his DD Form 214 to list his marksmanship badges with the appropriate weapons systems. 

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 deleting the entry "Sharpshooter (Rifle)" from Item 24 of the applicant's DD Form 214 and adding to item 24 of his DD Form 214 the:

* Army Good Conduct Medal (1st Award) 
* Meritorious Unit Commendation
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16)
* Sharpshooter Marksmanship Qualification Badge with Machinegun Bar (M-60)



      _______ _   _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)                                         AR20100027351



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ABCMR Record of Proceedings (cont)                                         AR20100027351



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