BOARD DATE: 7 June 2011
DOCKET NUMBER: AR20100027735
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 his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to show award of the Air Medal and any other awards he may be authorized.
2. The applicant states the medals are not listed on his DD Form 214 and he wants his records corrected for his family. Also, the correction will assist him with his post traumatic stress disorder (PTSD) claim.
3. The applicant provides copies of his Air Medal orders, dated 22 June 1969, and his 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 applicants 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 applicants failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. The applicant enlisted in the Regular Army on 24 October 1966. He was honorably released from active duty on 28 May 1969 after completing 2 years,
7 months, and 5 days of active military service.
3. He served in the Republic of Vietnam from 13 March 1968 to 25 May 1969 and was assigned to Battery C, 6th Battalion, 33rd Artillery.
4. Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows:
* National Defense Service Medal
* Army Good Conduct Medal
* Expert Marksmanship Qualification Badge with Rifle (M-16)
* Republic of Vietnam Campaign Medal
* Vietnam Service Medal
* Overseas Service Bars (2)
5. Special Orders Number 304, issued by the 5th Infantry Division (Mechanized) and Fort Carson, Fort Carson, CO, on 31 October 1967, awarded him the Gunner 2nd Class (currently identified as the marksmanship-level qualification) Marksmanship Qualification Badge with Machine Gun Bar (M-60).
6. General Orders Number 7409, issued by Headquarters, 101st Airborne Division, dated 22 June 1969, awarded him the Air Medal for meritorious achievement while participating in aerial flight on 23 February 1969.
7. 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 6th Battalion, 33rd Artillery was cited for award of the:
* Meritorious Unit Commendation for the period 21 February - 31 October 1968, by Department of the Army General Orders (DAGO) Number
42, dated 1969
* Republic of Vietnam Gallantry Cross with Palm Unit Citation based on DAGO Number 8, dated 1974.
8. Army Regulation 600-8-22 (Military Awards) states a bronze service star is worn on the appropriate service ribbon, to include the Vietnam Service Medal, for each credited campaign. A silver service star is authorized in lieu of five bronze service stars.
9. His records show he participated in five campaigns during his service in the Republic of Vietnam:
* Tet Counteroffensive (30 January 1968-1 April 1968)
* Vietnam Counteroffensive Phase IV (2 April 1968-30 June 1968)
* Vietnam Counteroffensive, Phase V (1 July 1968-1 November 1968)
* Vietnam Counteroffensive, Phase VI (2 November 1968-22 February 1969)
* Tet 69 Counteroffensive (23 February 1969-8 June 1969)
DISCUSSION AND CONCLUSIONS:
1. The applicant requests his DD Form 214 be corrected to show award of the Air Medal and any other awards he may be authorized.
2. General orders awarded him the Air Medal and special orders awarded him the Gunner 2nd Class (i.e., Marksman) Marksmanship Qualification Badge with Machine Gun Bar. His DD Form should be corrected to show both awards.
3. The Vietnam Service Medal is listed on his DD Form 214 and evidence shows he participated in five campaigns during his service in the Republic of Vietnam. Therefore, he is eligible for award a silver service star to be affixed to his previously-awarded Vietnam Service Medal.
4. General orders show his unit was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation and Meritorious Unit Commendation during the time he was assigned to the unit. Therefore, he is entitled to have his DD Form 214 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 adding the following to item 24 of his DD Form 214:
* Air Medal
* one silver service star to his previously-awarded Vietnam Service Medal
* Meritorious Unit Commendation
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Marksman Marksmanship Qualification Badge with Machine Gun 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) AR20100027735
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ABCMR Record of Proceedings (cont) AR20100027735
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