IN THE CASE OF:	  

		BOARD DATE:	  25 August 2011

		DOCKET NUMBER:  AR20110004102 


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 record to show he was awarded the Combat Infantryman Badge (CIB) and "Vietnam Plaque."

2.  He states he was hospitalized for malaria that he got while fighting in Vietnam during the period July to November 1965.  

3.  He provides his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).

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 22 June 1962.  He was honorably released from active duty on 20 December 1965 after completing 3 years, 5 months, and 25 days of total active service.

3.  His DA Form 20 (Enlisted Qualification Record) shows in:

* item 31 (Foreign Service) he was credited with service in Vietnam from 7 July to 17 October 1965 
* item 38 (Record of Assignments) he was assigned for duty in Vietnam with Headquarters and Headquarters Company (HHC), 2d Airborne Battalion, 327th Infantry, from 8 July to 17 October 1965
* item 41 (Awards and Decorations) he was awarded the:

* Good Conduct Medal (1st Award)
* Armed Forces Expeditionary Medal (AFEM) (Vietnam)
* Parachutist Badge
* CIB
* 2nd Class Gunner Badge (M-79) [now called the Marksman Marksmanship Qualification Badge] by Special Orders 161, issued by Headquarters, 101st Airborne Division, dated 30 June 1965

4.  Item 26 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the Good Conduct Medal (1st Award) and AFEM (Vietnam).  

5.  General Orders Number 26, issued by Headquarters, 1st Brigade, 101st Airborne Division, dated 14 September 1965, shows he was awarded the CIB.

6.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards.  The regulation does not show a "Vietnam Plaque" as an authorized award.

7.  A review of the available records indicates entitlement to additional awards and decorations that are not shown on his DD Form 214.

8.  His record includes the following orders awarding him badges:

	a.  Headquarters, 5th Training Regiment, United States Army Training Center, Infantry (3171), Fort Jackson, SC, issued Special Orders Number 148, dated 14 August 1962, awarding him the Expert Marksmanship Qualification Badge with Rifle Bar (M-1).

	b.  Headquarters, United States Army Infantry Center, Fort Benning, GA, issued Special Orders Number 278, dated 6 December 1962, awarding him the Parachutist Badge.

	c.  Headquarters, 101st Airborne Division and Fort Campbell, Fort Campbell, KY, issued:

* Special Orders Number 129, dated 22 May 1963, awarding him the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)
* Special Orders Number 131, dated 24 May 1963, awarding him the Marksman Marksmanship Qualification Badge with Machine Gun Bar

9.  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 2d Battalion, 327th Infantry, was cited for award of the Meritorious Unit Commendation (MUC) for the period 29 July 1965 to 1 October 1966, by Department of the Army General Order (DAGO) Number 17, dated 1968, as amended by DAGO 1, dated 1969.

10.  DAGO 8, dated 1974, announced award of the Republic of Vietnam (RVN) Gallantry Cross with Palm Unit Citation to Headquarters, U.S. Military Assistance Command and its subordinate units during the period 8 February 1962 to 28 March 1973 and to Headquarters, U.S. Army Vietnam and its subordinate units during the period 20 July 1965 to 28 March 1973.

DISCUSSION AND CONCLUSIONS:

1.  The Army regulation governing military awards does not provide for award of a "Vietnam Plaque."  Accordingly, the applicant is not entitled to correction of his record to show this award.

2.  Orders awarded him the CIB, Parachutist Badge, Expert Marksmanship Qualification Badge with Rifle Bar (M-1), Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14), Marksman Marksmanship Qualification Badge with Machine Gun Bar, and Marksman Marksmanship Qualification Badge with Grenade Bar.  He is entitled to correction of his DD Form 214 to show these awards.

3.  He served in a unit during a period for which the unit was cited for award of the MUC and RVN Gallantry Cross with Palm Unit Citation.  He is entitled to correction of his DD Form 214 to show these unit awards.



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 adding the following to item 26 of his DD Form 214:  

* CIB
* Parachutist Badge
* Expert Marksmanship Qualification Badge with Rifle Bar (M-1)
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)
* Marksman Marksmanship Qualification Badge with Machine Gun and Grenade Bars
* MUC
* RVN Gallantry Cross with Palm Unit Citation

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 a "Vietnam Plaque."  



      _______ _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)                                         AR20110004102





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ABCMR Record of Proceedings (cont)                                         AR20110004102



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