IN THE CASE OF:	  

		BOARD DATE:	  27 September 2011

		DOCKET NUMBER:  AR20110006299 


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 issuance of a DD Form 215 (Correction to DD Form 214) correcting his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show the awards he earned while on active duty. 

2.  He states, in effect, his awards are not listed due to administrative error.

3.  He provides a letter of appreciation and general orders announcing award of the Bronze Star Medal (BSM) to him.

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 for a period of 3 years on 14 September 1967.  On 14 December 1971, He was discharged for the good of the service and his service was characterized as under other than honorable conditions.  He completed 2 years, 5 months, and 27 days of total active service with 209 days lost prior to his normal expiration term of service (ETS) and 424 days lost subsequent to his normal ETS.

3.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the entry "None."

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

* item 31 (Foreign Service) he was credited with service in Vietnam from 31 January 1969 through 30 July 1970
* item 38 (Record of Assignments) he was assigned for duty in Vietnam with:

* Company B, 35th Engineer Battalion (Combat) from 4 February 1969 to 11 February 1970
* Company B, 4th Engineer Battalion, 4th Infantry Division, from 20 February 1970 to 24 July 1970

5.  He was awarded the:

* Expert Marksmanship Badge with Rifle Bar by Special Orders Number 82, issued by Headquarters, U.S. Army Training Center and Fort Leonard Wood, Fort Leonard Wood, MO, dated 22 March 1968
* Army Commendation Medal (ARCOM) for meritorious service by General Orders Number 18, issued by Headquarters, 20th Engineer Brigade, dated 4 January 1970
* BSM for meritorious service by General Orders Number 3009, issued by Headquarters, 4th Infantry Division, dated 25 May 1970 

6.  Army Regulation 600-8-22 (Military Awards) provides Department of the Army policy, criteria, and administrative instructions concerning military decorations.  

	a.  The National Defense Service Medal (NDSM) is awarded for honorable active service for any period between 27 July 1950 and 27 July 1954, 1 January 1961 and 14 August 1974, 2 August 1990 and 30 November 1995, and 11 September 2001 and a date to be determined.  

	b.  The Vietnam Service Medal (VSM) is awarded to all members of the Armed Forces of the United States for qualifying service in Vietnam after 3 July 1965 through 28 March 1973.  Qualifying service included attachment to or assignment for 1 or more days with an organization participating in or directly supporting military operations.  A bronze service star will be awarded for wear on the VSM for participation in each credited campaign.  A silver service star is authorized in lieu of five bronze service stars.  The Vietnam campaigns are listed in appendix B of the regulation.  His record shows his service in Vietnam coincided with six campaigns:

* Vietnam Counteroffensive Phase VI (2 November 1968-22 February 1969)
* Tet 69 Counteroffensive 1969 (23 February-8 June 1969)
* Vietnam Summer-Fall 1969 (9 June-31 October 1969)
* Vietnam Winter-Spring 1970 (1 November 1969-30 April 1970)
* Sanctuary Counteroffensive (1 May-30 June 1970)
* Vietnam Counteroffensive Phase VII (1 July 1970 - 30 June 1971)

	c.  The Republic of Vietnam (RVN) Campaign Medal with Device (1960) was awarded by the Government of Vietnam to all members of the Armed Forces of the United States for qualifying service in Vietnam during the period 1 March 1961 through 28 March 1973.  Qualifying service included assignment in Vietnam for 6 months or more.  Qualifying service outside the geographical limits of the Republic of Vietnam required the individual to provide direct combat support to the Republic of Vietnam and Armed Forces.  

7.  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:

* 35th Engineer Battalion was cited for award of the RVN Civil Actions Honor Medal First Class Unit Citation for the period 14 December 1968 to 9 February 1970, by Department of the Army GO (DAGO) 43, dated 1970
* 4th Engineer Battalion was cited for award of the RVN Gallantry Cross with Palm Unit Citation for the period 29 July 1969 to 17 November 1970, by DAGO 52, dated 1971

DISCUSSION AND CONCLUSIONS:

1.  He was awarded the BSM and ARCOM by GO.  Therefore, he is entitled to correction of his DD Form 214 to show these awards.

2.  He served during a period of eligibility for the NDSM.  Therefore, he is entitled to correction of his DD Form 214 to show this award.

3.  His service in Vietnam meets the criteria for award of the VSM with one silver service star and one bronze service star and the RVN Campaign Medal with Device (1960).  Therefore, he is entitled to correction of his DD Form 214 to show these awards.

4.  Special orders awarded him the Expert Marksmanship Qualification Badge with Rifle Bar.  Therefore, he is entitled to correction of his DD Form 214 to show this badge.

5.  He was assigned to units in Vietnam during periods for which they were cited for award of the RVN Civil Actions Honor Medal First Class Unit Citation and RVN Gallantry Cross with Palm Unit Citation.  Therefore, he is entitled to correction of his DD Form 214 to show these unit awards

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 issuing a DD Form 215 to him adding the following to item 24 of his
DD Form 214:

* BSM
* ARCOM
* NDSM
* VSM with one silver service star and one bronze service star
* RVN Campaign Medal with Device (1960)
* Expert Marksmanship Qualification Badge with Rifle Bar





* RVN Civil Actions Honor Medal First Class Unit Citation
* RVN Gallantry Cross with Palm Unit Citation



      ___________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)                                         AR20110006299





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ABCMR Record of Proceedings (cont)                                         AR20110006299



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