IN THE CASE OF:	  

		BOARD DATE:	  19 October 2011

		DOCKET NUMBER:  AR20110005369 


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 (Certificate of Release or Discharge from Active Duty) to show award of the Air Medal.

2.  The applicant states he was awarded the Air Medal and wants it shown on his DD Form 214.

3.  The applicant provides a copy of his DD Form 214 and certificate for award of 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.  On 24 February 1965, the applicant enlisted in the Regular Army.  He completed his initial training and was awarded military occupational specialty 11C (Infantryman Indirect Fire Crewman).

3.  Records show that Special Orders Number 44, Headquarters, 2nd Training Regiment, dated 20 April 1965, awarded the applicant the Marksman Marksmanship Qualification Badge with Rifle Bar.

4.  On 24 July 1965, the applicant was assigned for duty with Company D, 1st Battalion, 8th Cavalry Regiment, 1st Cavalry Division, located at Fort Benning Georgia.

5.  On or about 20 August 1965, the applicant went with his unit to the Republic of Vietnam (RVN).

	a.  General Orders Number 3077, 1st Cavalry Division, dated 2 September 1966 awarded the applicant the Air Medal for meritorious achievement while participating in aerial flight in the RVN from August 1965 to July 1966.

	b.  On or about 20 August 1966, the applicant departed the RVN for duty at Fort Campbell, Kentucky.

6.  On 3 September 1967, the applicant was reassigned to the 505th Infantry Regiment located at Fort Bragg, North Carolina.

7.  General Orders Number 58, 82nd Airborne Division, dated 19 February 1968, awarded the applicant the [Army] Good Conduct Medal for the period 
24 February 1965 to 23 February 1968.

8.  On 23 February 1968, the applicant was released from active duty.  He had attained the rank of sergeant, pay grade E-5 and had completed 3 years of creditable active duty service.

9.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 lists his awards as:

* Parachutist Badge
* National Defense Service Medal
* RVN Campaign Medal [with 1960 Device]
* Purple Heart
* Vietnam Service Medal
* Combat Infantryman Badge
10.  Appendix B of Army Regulation 600-8-22 (Military Awards) shows that based on the applicant's dates of service in the RVN, he participated in the following three campaign periods: the Vietnam Defense, Vietnam Counteroffensive, and the Vietnam Counteroffensive Phase II.  This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.

11.  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 publication shows that the 1st Battalion, 8th Cavalry Regiment, during the time of the applicant's assignment, was cited in Department of the Army General Orders (DAGO) Number 40, dated in 1967, and in DAGO Number 73, dated in 1968 for award of the Presidential Unit Citation [second award designated by an oak leaf cluster].  His unit was also cited in DAGO Number 59, dated in 1969 for award of the RVN Gallantry Cross with Palm Unit Citation.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 should be corrected to show award of the Air Medal.

2.  General orders clearly show the applicant was awarded the Air Medal and the Army Good Conduct Medal.  Therefore, these individual awards should be shown on his DD Form 214.

3.  The applicant’s unit was cited in general orders for award of two Presidential Unit Citations.  Therefore his DD Form 214 should be corrected to show award of this medal with an oak leaf cluster.

4.  Records show that the applicant participated in three campaign periods during his service in the RVN.  Therefore, he is eligible for award of three bronze service stars to be affixed to his Vietnam Service Medal.

5.  The applicant's unit was cited in general orders for award of the RVN Gallantry Cross with Palm Unit Citation.  Therefore, his DD Form 214 should be corrected to show this foreign unit award.

6.  Special orders show that the applicant was awarded the Marksman Marksmanship Qualification Badge with Rifle Bar.  Therefore, this badge should be shown on his DD Form 214.


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 all awards from Item 24 of his DD Form 214; and

	b.  adding in Item 24 of his DD Form 214:

* Purple Heart
* Air Medal
* Presidential Unit Citation with one Oak Leaf Cluster
* Army Good Conduct Medal
* Vietnam Service Medal with three bronze service stars
* National Defense Service Medal
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Campaign Medal with 1960 Device
* Combat Infantryman Badge
* Parachutist Badge
* Marksman Marksmanship Qualification Badge with Rifle Bar



      ___________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)                                         AR20110005369





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ABCMR Record of Proceedings (cont)                                         AR20110005369



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