BOARD DATE:	  12 July 2011

		DOCKET NUMBER:  AR20100029876 


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, in effect, correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show the:

* Army Commendation Medal
* Vietnam Service Medal with four bronze service stars
* Meritorious Unit Commendation for the period 1 May 1971 through
30 April 1972 by Department of the Army General Orders (DAGO) Number 32, dated 1973
* Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 1 October 1970 through 31 August 1972 by DAGO 6, dated 1974
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 31 December 1972 through 31 December 1972 by DAGO 5, dated 1979
* Expert Marksmanship Qualification Badge with Grenade Launcher (M-79) and Pistol (.45 caliber) Bars
* Marksman Marksmanship Qualification Badge with Machinegun Bar
(M-60)

2.  The applicant states most of this information was not yet available at the time of his release from active service. 

3.  The applicant provides:


* his DD Form 214
* General Orders 1189, award certificate, and citation for the Army Commendation Medal
* Special Orders Number 046, dated 17 February 1971 for his weapons qualifications
* a 1st Aviation Brigade Vietnam Combat Certificate, dated 10 April 1972
* his "Reference Worksheet"

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 was inducted into the Army of the United States on 6 October 1970.  He completed training and he was awarded military occupational specialty 11B (light weapons infantryman).  He arrived in Vietnam on 10 April 1971, assigned to Headquarters and Headquarters Company (HHC), 17th Combat Aviation Group, 1st Aviation Brigade from 16 April 1971 to 9 April 1972.  On
10 April 1972, he was released from active duty and he was transferred to the U.S. Army Reserve (USAR) Control Group (Annual Training) to complete his remaining service obligation.

3.  His DD Form 214 shows the:

* National Defense Service Medal
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* Army Good Conduct Medal
* two overseas service bars
* Expert Marksmanship Qualification Badge with Rifle Bar



4.  General Orders Number 1189, issued by Headquarters, 1st Aviation Brigade, dated 14 April 1972, awarded him the Army Commendation Medal for meritorious service during the period April 1971 to April 1972.

5.  Special Orders Number 046, issued by Headquarters, U.S. Army Training Center, Infantry, Fort Polk, LA, dated 17 February 1971, show he qualified as an:

* expert with the M-79 Grenade Launcher on 1 January 1971
* expert with the .45 Caliber Pistol on 22 January 1971
* marksman with the M-60 Machine Gun on 16 January 1971

6.  Army Regulation 600-8-22 (Military Awards), paragraph 2-13, contains the regulatory guidance on the Vietnam Service Medal.  It states that a bronze service star is authorized with this award for each Vietnam campaign a member is credited with participating in.  Appendix B shows that during his service in Vietnam, the applicant participated in the following four campaigns:

* Vietnam Counteroffensive Phase VII (1 July 1970 - 30 June 1971)
* Consolidation I (1 July - 30 November 1971)
* Consolidation II (1 December 1971 - 29 March 1972)
* Vietnam Ceasefire Campaign (30 March 1972 - 28 January 1973)

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 HHC, 17th Aviation Group, the unit to which the applicant was assigned, was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 17 January 1966 through August 1972 by DAGO 54, dated 1974.

8.  Department of the Army Pamphlet 672-3 shows HHC, 1st Aviation Brigade, during the period 10 April 1971 to 9 April 1972, was cited for award of the:

* Meritorious Unit Commendation for the period 1 May 1971 through
30 April 1972 by Department of the Army General Orders (DAGO) Number 32, dated 1973
* Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 1 October 1970 through 31 August 1972 by DAGO 6, dated 1974
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 31 December 1972 through 31 December 1972 by DAGO 5, dated 1979



DISCUSSION AND CONCLUSIONS:

1.  General orders awarded the applicant the Army Commendation Medal for meritorious service during the period April 1971 to April 1972.  Therefore, his
DD Form 214 should be corrected to show this award.

2.  He participated in four campaigns during his assignment in Vietnam.  Therefore, he is entitled to four bronze service stars for wear on his already-awarded Vietnam Service Medal and correction of his DD Form 214 to show these bronze service stars.

3.  His unit was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation during his period of service.  Therefore, his DD Form 214 should be corrected to show this unit award.

4.  Special order show he qualified as an expert with the M-79 Grenade Launcher and .45 Caliber Pistol and as a marksman with the M-60 Machine Gun.  Therefore, his DD Form 214 should be corrected to show the:

* Expert Marksmanship Qualification Badge with Grenade Launcher Bar
(M-79)
* Expert Marksmanship Qualification Badge with Pistol Bar (.45 caliber)
* Marksman Marksmanship Qualification Badge with Machinegun Bar
(M-60)

5.  The applicant contends he is entitled to the:

* Meritorious Unit Commendation for the period 1 May 1971 through
30 April 1972 by Department of the Army General Orders (DAGO) Number 32, dated 1973
* Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 1 October 1970 through 31 August 1972 by DAGO 6, dated 1974
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 31 December 1972 through 31 December 1972 by DAGO 5, dated 1979

6.  Although these unit awards were awarded during the time he served in Vietnam, these awards were awarded to HHC, 1st Aviation Brigade, a unit to which he was not assigned.  Records show he was assigned to HHC, 17th Combat Aviation Group, which was a subordinate unit to the 1st Aviation Brigade.  Therefore, he is not entitled to this portion of his requested relief.



BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___x_____  ___x_____  ____x_  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was 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:

* Army Commendation Medal
* Vietnam Service Medal with four bronze service stars
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Expert Marksmanship Qualification Badge with Grenade Launcher Bar (M-79)
* Expert Marksmanship Qualification Badge with Pistol Bar (.45 caliber)
* Marksman Marksmanship Qualification Badge with Machinegun Bar (M-60)

2.  The Board further determined that 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 adding to his DD Form 214 the:

* Meritorious Unit Commendation for the period 1 May 1971 through
30 April 1972 by Department of the Army General Orders (DAGO) Number 32, dated 1973
* Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 1 October 1970 through 31 August 1972 by DAGO 6, dated 1974


* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 31 December 1972 through 31 December 1972 by DAGO 5, dated 1979



      _________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)                                         AR20100029876



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ABCMR Record of Proceedings (cont)                                         AR20100029876



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