BOARD DATE:	  23 June 2011

		DOCKET NUMBER:  AR20110000720 


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 Separation from Active Duty) to show all his awards and decorations. 

2.  The applicant states his DD Form 214 did not list any awards.

3.  The applicant provides page 4 of his 4-page DA Form 20 (Enlisted Qualification Record).

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 9 July 1968 and held military occupational specialty 11B (Light Weapons Infantryman).  He served in Vietnam from 16 January 1969 to 31 July 1969.  He was assigned to Company D, 3rd Battalion, 47th Infantry, 9th Infantry Division.

3.  He was discharged from active duty on 30 October 1970.  Item 26 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his reissued DD Form 214 does not list any awards.

4.  Headquarters, U.S. Army Training Center, Fort Campbell, KY, published the following special orders (SO):

* SO Number 221, dated 30 August 1968 awarded him the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14).
* SO Number 232, dated 13 September 1968 awarded him the Expert Marksmanship Qualification Badge with Rifle Bar (M-16)

5.  SO Number 311, issued by Headquarters, U.S. Army Training Center, Infantry, Fort Lewis, WA on 7 November 1968 awarded him the Marksman Marksmanship Qualification Badge with Machinegun Bar (M-60).  SO Number 303, issued by this headquarters on 30 October 1968, awarded him the Expert Marksmanship Qualification Badge with Automatic Rifle Bar.

6.  Headquarters, 9th Infantry Division, published the following SO/General Orders (GO):

* SO Number 57, dated 26 February 1969, awarded him the Combat Infantryman Badge
* GO Number 5844, dated 22 May 1969, awarded him the Army Commendation Medal for service from January to May 1969
* GO Number 3081, dated 23 October 1969, awarded him the Air Medal for achievement from 7 February to 24 April 1969 

7.  Department of the Army (DA) Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows, during its service in Vietnam, the 3rd Battalion, 47th Infantry, was cited for awards of the:

* 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
8.  Army Regulation 600-8-22 (Military Awards) provides for the following awards:

	a.  The Vietnam Service Medal is awarded to all members of the Armed Forces of the United States for qualifying service in Vietnam after 3 July 1965 through 28 March 1973.  Qualifying service included attachment to or assignment for 1 or more days with an organization participating in or directly supporting military operations.

	b.  Appendix B of Army Regulation 600-8-22 shows during his service in Vietnam, participation credit was awarded for the below campaigns. This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.

* Vietnam Counteroffensive, Phase VI, 2 November 1968 to 22 February 1969
* Tet 69 Counteroffensive, 23 February 1969 to 8 June 1969
* Vietnam Summer - Fall 1969, 9 June to 31 October 1969

   c.  The National Defense Service Medal is awarded for honorable active service for any period between 27 July 1950 and 27 July 1954, 1 January 1961 and 14 August 1974, 2 August 1990 and 30 November 1995, and 11 September 2001 and a date to be determined.  

	d.  The Republic of Vietnam Campaign Medal with Device (1960) was awarded by the Government of Vietnam to all members of the Armed Forces of the United States for qualifying service in Vietnam during the period 1 March 1961 through 28 March 1973.  Qualifying service included assignment in Vietnam for 6 months or more.

DISCUSSION AND CONCLUSIONS:

1.  General orders awarded him the Army Commendation Medal and the Air Medal which are not shown on his DD Form 214; therefore, he is entitled to correction of his records to show these awards.

2.  Special orders awarded him the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14), Expert Marksmanship Qualification Badge with Rifle Bar (M-16), Marksman Marksmanship Qualification Badge with Machinegun Bar (M-60), Expert Marksmanship Qualification Badge with Automatic Rifle Bar and Combat Infantryman Badge which are not shown on his DD Form 214; therefore, he is entitled to correction of his records to show these awards.

3.  General orders awarded his unit the Republic of Vietnam Gallantry Cross with Palm Unit Citation 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.

4.  The evidence of record show he served a qualifying period of service for award of the Vietnam Service Medal.  Additionally, he participated in three campaigns while serving in the Republic of Vietnam.  Therefore, he is entitled to three bronze service stars to be affixed to his Vietnam Service Medal and correction of his DD Form 214 to show this award.

5.  The evidence of record show he served a qualifying period of service for award of the National Defense Service Medal and Republic of Vietnam Campaign Medal with "1960" Device; therefore, he is entitled to correction of his records to show these 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 to item 26 of his DD Form 214 the:

* National Defense Service Medal 
* Republic of Vietnam Campaign Medal with "1960" Device
* Vietnam Service Medal with three bronze service stars
* Army Commendation Medal
* Air Medal
* Combat Infantryman Badge
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)
* Expert Marksmanship Qualification Badge with Rifle Bar (M-16)
* Marksman Marksmanship Qualification Badge with Machinegun Bar      (M-60)
* Expert Marksmanship Qualification Badge with Automatic Rifle Bar
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation



      _______ _ 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)                                         AR20110000720





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ABCMR Record of Proceedings (cont)                                         AR20110000720



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