IN THE CASE OF:
BOARD DATE: 18 August 2011
DOCKET NUMBER: AR20110002748
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, the widow of a deceased former service member (FSM) requests correction of the FSM's record to show award of the Bronze Star Medal, Vietnam Service Medal with one bronze service star, and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16).
2. The applicant states she did not receive the medals listed above.
3. The applicant provides two letters and a DD Form 1300 (Report of Casualty).
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 FSM's records show he enlisted in the Regular Army on 1 June 1967 and he held military occupational specialty 13E (Cannon Fire Direction Specialist). He was promoted to the rank/grade of sergeant (SGT)/E-5 on 23 December 1968. He served in Vietnam while assigned to 2nd Battalion, 320th Artillery, 101st Airborne Division from 26 March to 4 June 1969. On 4 June 1969, he was killed in action in Vietnam.
3. The applicant provides a letter from the Department of the Army Adjutant General, dated 14 August 1969, wherein he states the FSM had been awarded the following:
* Bronze Star Medal
* Purple Heart
* Army Good Conduct Medal
* National Defense Service Medal
* Vietnam Service Medal with one bronze service star
* Vietnam Campaign Medal
* Expert Marksmanship Qualification Badge with Rifle Bar (M-14)
* Marksman [sic] Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16)
4. A review of the FSM's records show entitlement to additional awards.
5. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows that at the time of his assignment to the 2nd Battalion, 320th Artillery, this unit was cited for award of the:
* Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 19 July 1968 through 14 May 1969 by DAGO Number 51, dated 1971
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 18 March 1968 through 2 May 1970 by DAGO Number 48, dated 1971
DISCUSSION AND CONCLUSIONS:
1. General orders awarded the FSM's unit in Vietnam the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation during the period he was assigned to the unit. Therefore, the FSM's records should be corrected to show these unit awards.
2. The applicant states she did not receive all of the awards the FSM was authorized. Therefore, it would be appropriate to issue her the Bronze Star Medal, Vietnam Service Medal with one bronze service star, Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14), Republic of Vietnam Gallantry Cross with Palm Unit Citation, and Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.
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. correcting the FSM's records to show the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation; and
b. issuing the applicant the Bronze Star Medal, Vietnam Service Medal with one bronze service star, Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16), Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.
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_______ _ _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) AR20110002748
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