IN THE CASE OF:	  

		BOARD DATE:	  18 October 2011

		DOCKET NUMBER:  AR20110006228 


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 (Armed Forces of the United States Report of Transfer or Discharge) to show:

* Bronze Star Medal (BSM)
* Air Medal (AM) with Numeral 2 
* Combat Infantryman Badge (CIB)
* Expert Marksmanship Qualification Badge with Automatic Rifle Bar
* Expert Marksmanship Qualification Badge with Machine Gun Bar
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar 

2.  He states that upon his discharge, these awards were not added to his
DD Form 214.

3.  He provides the following:

* Letter from the National Personnel Record Center (NPRC), dated 
15 October 2010
* DD Form 214
* 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’s military records are not available to the ABCMR for review. However, there were sufficient documents for the ABCMR to conduct a fair and impartial review of this case.

3.  The applicant requests correction of his records to show award of the BSM.  A review of his DD Form 214 shows that the award of the BSM is already listed on this form.  Therefore, this issue will not be discussed further in the Record of Proceedings.

4.  Records available to the Board show the applicant was inducted into the Army of the United States on 26 March 1969.  He served in Vietnam from 19 August 1969 to 29 October 1970 and was assigned to Company B and to Headquarters and Headquarters Company, 1st Battalion, 5th Cavalry Regiment, 1st Cavalry Division.  He was honorably released from active duty on 29 October 1970.

5.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaigns Awarded or Authorized) of his DD Form 214 shows the following:

* National Defense Service Medal
* Vietnam Service Medal (VSM)
* Vietnam Campaign Medal with 60 Device
* BSM

6.  Item 41 (Awards and Decoration) of his DA Form 20 shows the following awards that are not listed on his DD Form 214:

* Air Medal, General Order 2646, Headquarters (HQ) 1st Cavalry Division
* CIB, Special Order (SO) 288, HQ, 1st Cavalry Division, 15 October 1969
* Expert Marksmanship Qualification Badge with Rifle Bar (M-16), SO 199, HQ, U.S. Army Training Center (USATC), Fort Lewis
* Expert Marksmanship Qualification Badge with Machine Gun Bar (M-60), SO 197, HQ, USATC, Fort Lewis
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14), SO 133, HQ, USATC, Fort Lewis 

7.  A letter from the NPRC, dated 15 October 2010, stated that they were authorized to ship awards to the applicant based on documentation he provided and/or official documents.  However, the documentation used to verify the applicant’s entitlement to the AM with numeral 2 was not identified.

8.  Army Regulation 600-8-22 (Military Awards) states the Air Medal is awarded in time of war for heroism and for meritorious achievement or service while participating in aerial flight.  This award is primarily intended for personnel on flying status but may also be awarded to those personnel whose combat duties require them to fly; for example, personnel in the attack elements of units involved in air-land assaults against an armed enemy.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

9.  Army Regulation 600-8-22 states Arabic numerals are now used instead of oak leaf clusters for the second and succeeding awards of the Air Medal.  The numeral 2 denotes the second award of the Air Medal.

10.  Review of the applicant's DD Form 214 indicates that he is entitled to additional awards that are not shown on his DD Form 214.

11.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam.  This document shows 1st Battalion, 5th Cavalry Regiment, to which he was assigned, was cited for the Valorous Unit Award by Department of the Army General Orders (DAGO) Number 43, dated 1972, Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation by DAGO Number 42, dated 1972, and the Republic of Vietnam Gallantry Cross with Palm Unit Citation by DAGO Number 11, dated 1973.

12.  Army Regulation 600-8-22, paragraph 2-13, contains the regulatory guidance on the VSM 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 the following four campaigns:

* Vietnam Summer - Fall 1969 (9 June 1969 - 31 October 1969)
* Vietnam Winter - Spring 1970 (1 November 1969 - 30 April 1970)
* Sanctuary Counteroffensive (1 May1970 - 30 June 1970)
* Vietnam Counteroffensive Phase VII (1 July 1970 - 30 June 1971)

DISCUSSION AND CONCLUSIONS:

1.  The applicant's DA Form 20 verifies that he was awarded the AM and the CIB. Additionally the form shows he qualified expert with the M-16 Rifle, M-60 Machine Gun, and sharpshooter with the M-14 Rifle.  Therefore, he is entitled to correction of his DD Form 214 to show these awards.

2.  The evidence of record shows he is entitled to wear the Valorous Unit Award, Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, and the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  Therefore, his DD Form 214 should be corrected to show these awards.

3.  The evidence also shows he participated in four campaigns during his service in Vietnam.  Therefore, he is entitled to correction of his records to show four bronze service stars for wear on his already-awarded VSM.

4.  However, there is no evidence of record to show he was awarded the AM with numeral 2 and the NPRC letter did not explain how they determined he was authorized this award.

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:

	a.  deleting from item 24 of his DD Form 214 the VSM and

   b.  adding to item 24 of his DD Form 214 the AM, CIB, VSM with four bronze service stars, Valorous Unit Award, Republic of Vietnam Gallantry Cross with Palm Unit Citation, Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, Expert Marksmanship Qualification Badge with Rifle Bar (M-16), Expert Marksmanship Qualification Badge with Machine Gun Bar (M-60), and Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14).
   
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 the AM with numeral 2.



      _______ _   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)                                         AR20110006228





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ABCMR Record of Proceedings (cont)                                         AR20110006228



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