IN THE CASE OF:	  

		BOARD DATE:	      4 May 2011

		DOCKET NUMBER:  AR20110002335 


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 to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show all of his awards.

2.  The applicant states, in effect, he received a letter from the National Personnel Records Center that shows he was awarded the following awards:

* Bronze Star Medal with "V" Device
* Purple Heart (2nd Award)
* Army Commendation Medal with Bronze Oak Leaf Cluster with "V" Device
* National Defense Service Medal
* Vietnam Service Medal with 3 bronze service stars
* Combat Infantryman Badge  (1st Award)
* Republic of Vietnam Campaign Ribbon with Device (1960)
* Expert Marksmanship Qualification Badge with Automatic Rifle and Grenade Bars
* Sharpshooter Marksmanship Qualification Badge with Machine Gun Bar

3.  The applicant provides the following documents:

* DD Form 214 with a separation date of 5 February 1971
* DD Form 215 (Correction to DD Form 214), dated 23 March 1976
* National Personnel Records Center letter, dated 10 September 2010
* 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 enlisted in the Regular Army on 28 January 1969 for a 2-year period.  He completed his initial entry training and was awarded military occupational specialty 11B (Light Weapons Infantryman).  
 
3.  The applicant served in the Republic of Vietnam with Company B, 2nd Battalion, 27th Infantry Brigade from 7 July to 8 November 1969.  He was then reassigned to Company A, 2nd Battalion, 27th Infantry from 9 November 1969 to his departure on 27 July 1970.  

4.  On 28 January 1970, while in Vietnam, he was convicted by a summary   court-martial for dereliction of duty when he willfully failed to position an ambush patrol in its designated location. 

5.  The applicant was honorably released from active duty on 5 February 1971 and transferred to the U.S. Army Reserve Control Group (Annual Training) to complete his remaining statutory military service obligation.  The DD Form 214 he was issued confirms he completed 1 year, 11 months, and 29 days of total active service with 1 year of foreign service in the Republic of Vietnam.

6.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows he was authorized the following awards:

* National Defense Service Medal
* Vietnam Service Medal
* Combat Infantryman Badge
* Vietnam Campaign Medal with 1960 Device
* Bronze Star Medal with "V" Device
* Two Overseas Service Bars
* Army Commendation Medal with "V" Device and Oak Leaf Cluster
* 2nd Class Gunner with M-60 Machine Gun Bar
* Expert Marksmanship Qualification Badge (M-14 Rifle), ( M-16 Rifle) and the Hand Grenade Bar

7.  On 23 March 1976, he was issued a DD Form 215 to correct his previously issued DD Form 214 to show he was awarded the Purple Heart (First Oak Leaf Cluster).

8.  Army Regulation 600-8-22 (Military Awards), paragraph 2-13, contains the regulatory guidance on the Vietnam Service Medal and 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, participation credit was awarded for:

* Vietnam Summer - Fall 1969 (9 June - 31 October 1969)
* Vietnam Winter - Spring 1970  (1 November 1969 - 30 April 1970)
* Sanctuary Counteroffensive (1 May - 30 June 1970) 

9.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in the Republic of Vietnam.  This document shows that the unit to which the applicant was assigned was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 1 September 1968 – 30 September 1970 by Department of the Army General Order (DAGO) Number 5, dated 1973 and the Republic of Vietnam Civil Actions Honor Medal First Class for the period from 1 January 1966 to 21 January 1970 by DAGO Number 51, dated 1971.

DISCUSSION AND CONCLUSIONS:

1.  The applicant is entitled to three bronze service stars to be worn on his already-awarded Vietnam Service Medal and to correction of his DD Form 214 to show this award.  

2.  General orders show the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class were awarded to the applicant's unit when he was assigned to the unit.  Therefore, the applicant is entitled to correction of his DD Form 214 to show these awards. 

3.  Except for the above awards, all of the awards mentioned in the National Personnel Records Center letter are already listed on the applicant's DD Form 214/DD Form 215.


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 Vietnam Service Medal from his DD Form 214.

	b.  adding to item 24 of his DD Form 214 the:

* Republic of Vietnam Gallantry Cross with Palm Unit Citation 
* Republic of Vietnam Civil Actions Honor Medal First Class 
* Vietnam Service Medal with three bronze service stars




      _______ _   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)                                         AR20110002335



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ABCMR Record of Proceedings (cont)                                         AR20110002335



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