IN THE CASE OF:	  

		BOARD DATE:	    20 September 2011

		DOCKET NUMBER:  AR20110005091 


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 the Air Medal be added to item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).  He also requests the MACV [Military Assistance Command Vietnam] Recondo School be added to item 25 (Education and Training Completed) of his DD Form 214.

2.  The applicant states these items were just left off his DD Form 214. 

3.  The applicant provides:

* Certificate of training for MACV Recondo School
* Award certificate for the Air Medal

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.  He was inducted into the Army of the United States on 17 February 1966.  He arrived in Vietnam on 25 July 1966.  He served as an infantryman assigned to Company C, 2nd Battalion, 7th Cavalry in Vietnam from 26 July 1966 to 18 August 1966.  He was assigned to Company A, 2nd Battalion, 7th Cavalry in Vietnam from 19 August 1966 to 22 July 1967.  On 16 February 1968, he was released from active duty and transferred to the U.S. Army Reserve Control Group (Annual Training) to complete his remaining service obligation.

3.  Item 24 of his DD Form 214 shows the National Defense Service Medal, Vietnam Service Medal, Combat Infantryman Badge, Bronze Star Medal with "V" Device, Republic of Vietnam Campaign Medal with Device (1960), Good Conduct Medal (1st Award), one Overseas Service Bar, and the Expert Marksmanship Qualification Badge with Rifle Bar.  Item 25 shows the entry "NONE."

4.  General Orders Number 319, issued by Headquarters, 1st Cavalry Division (Airmobile), dated 25 January 1967, awarded him the Air Medal.

5.  His personnel records contain a letter issued by the MACV Recondo School, 5th Special Forces Group (Airborne), 1st Special Forces, dated 8 April 1967, which shows he completed the 3-week course of instruction in the Long Range Reconnaissance Patrolling techniques and graduated from the MACV Recondo School.

6.  The applicant provided a certificate of training, dated 8 April 1967, issued by the 5th Special Forces Group (Airborne) which shows he successfully completed the MACV Recondo School.

7.  General Orders Number 4249, issued by Headquarters, 1st Cavalry Division (Airmobile), dated 24 July 1967, awarded him the Army Commendation Medal.

8.  Records show he participated in two campaigns during his assignment in Vietnam. 

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 2nd Battalion, 7th Cavalry, the unit to which the applicant was assigned, was cited for award of the Presidential Unit Citation for the period 25 August 1966 through 4 April 1967 by Department of the Army General Orders (DAGO) Number 2, dated 1973.

10.  DAGO Number 8, dated 1974, announced award of the Republic of Vietnam 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.

11.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It establishes standardized policy for the preparation of the DD Form 214.  The regulation in effect at the time provided that item 25 would list service schools, including major courses that were successfully completed, and military sponsored courses completed in civilian schools and colleges during the period covered by the DD Form 214.  

12.  Army Regulation 600-8-22 (Military Awards) states a bronze service star is worn on the appropriate service ribbon, to include the Vietnam Service Medal, for each credited campaign.

DISCUSSION AND CONCLUSIONS:

1.  Orders show he received the Air Medal and Army Commendation Medal.  His DD Form 214 should be corrected to show these medals.

2.  Evidence shows he completed the 3-week MACV Recondo School in April 1967.  Therefore, item 25 of his DD Form 214 should be corrected to show this schooling.
  
3.  He participated in two campaigns during his assignment in Vietnam which entitles him to the Vietnam Service Medal with two bronze service stars.  His DD Form 214 should be corrected to show this award.

4.  His unit was cited for award of the Presidential Unit Citation while he was assigned to it.  Therefore, his DD Form 214 should be corrected to show this unit award.

5.  The Republic of Vietnam Gallantry Cross with Palm Unit Citation was awarded to all units that served in Vietnam.  The applicant served in Vietnam during a qualifying period and is eligible for this award.  His DD Form 214 should be corrected to show this unit award.


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 from item 24 of his DD Form 214 the Vietnam Service Medal;

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

* Air Medal
* Army Commendation Medal
* Vietnam Service Medal with two bronze service stars
* Presidential Unit Citation
* Republic of Vietnam Gallantry Cross with Palm Unit Citation

	c.  deleting from item 25 of his DD Form 214 the entry "None" and replacing with the entry "MACV Recondo School, 3 weeks, April 1967."



      __________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)                                         AR20110005091





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ABCMR Record of Proceedings (cont)                                         AR20110005091



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