IN THE CASE OF:	  

		BOARD DATE:	  13 October 2011

		DOCKET NUMBER:  AR20110007914 


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 to show:

* in item 13 (Last Duty Assignment and Major Command) the 327th Infantry
* in item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Authorized or Awarded) the "Combat" Medical Badge

2.  The applicant states, in effect, he was a medic assigned to Headquarters and Headquarters Company (HHC), 2nd Airborne Battalion, 327th Infantry, 101st Airborne Division.  His DD Form 214 incorrectly shows he was assigned to HHC, 2nd Airborne Battalion, 27th Infantry, 101st Airborne Division.  He adds he was awarded the Combat Medical Badge, but his DD Form 214 incorrectly shows the "Medical Badge."

3.  He provides his DD Form 214.

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 was inducted into the Army of the United States on 11 August 1965.  He successfully completed basic combat training and advanced individual training and was awarded military occupational specialty 91B (Medical Specialist).

3.  He arrived in the Republic of Vietnam (RVN) and was assigned to HHC, 2nd Battalion (Airborne), 327th Infantry, 101st Airborne Division on or about 25 April 1966.

4.  1st Brigade, 101st Airborne Division Special Orders Number 168, dated 17 June 1966, show he was awarded the Combat Medical Badge while assigned to HHC, 2nd Battalion (Airborne), 327th Infantry, 101st Airborne Division.

5.  On 11 May 1967, he departed the RVN.  On 13 May 1967, he was honorably released from active duty in the rank/grade of specialist four (SP4)/E-4, after completing 1 year, 9 months, and 3 days of total active service with no time lost.

6.  His DD Form 214 shows:

* in item 12, “HHC 2nd Abn Bn 27th Inf 101st Abn Div APO 96347 USARV.” 
* in item 24:

* National Defense Service Medal
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* Parachutist Badge
* Army Commendation Medal
* Medical Badge

7.  There is no evidence the applicant received the first award of the Army Good Conduct Medal.  His records do not contain any adverse information and his DA Form 20 (Enlisted Qualification Record) shows he received "excellent" conduct and efficiency ratings throughout his tenure of service.

8.  Army Regulation 672-5-1 (Awards), in effect at the time, stated the Army Good Conduct Medal was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940; for first award only, 1 year served entirely during the period 7 December 1941 to 2 March 1946; and, for the first award only, upon termination of service on or after 27 June 1950 of less than 3 years but more than 1 year.  The enlisted person must have had all "excellent" conduct and efficiency ratings.  There must have been no convictions by a court-martial.  

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 that at the time of the applicant's assignment to the 2nd Battalion (Airborne), 327th Infantry, it was cited for award of the Meritorious Unit Commendation during the period 29 July 1965 through 1 October 1966 based on Department of the Army General Orders (DAGO) 17, dated 1968.

10.  Department of the Army Pamphlet 672-3 also shows that the 2nd Battalion (Airborne), 327th Infantry was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation during the period 1 July 1966 through 31 July 1966, based on DAGO 21, dated 1969

11.  Army Regulation 600-8-22(Military Awards) paragraph 2-13, contains the regulatory guidance on the Vietnam Service Medal.  It states, in pertinent part, 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 the applicant participated in the following three campaigns:

* Vietnam Counteroffensive (25 December 1965 - 30 June 1966)
* Vietnam Counteroffensive Phase II (1 July 1966 - 31 May 1967)
* Vietnam Counteroffensive Phase III (1 June 1967 - 29 January 1968  

DISCUSSION AND CONCLUSIONS:

1.  The applicant's DD Form 214 erroneously shows he was assigned to HHC, 2nd Battalion (Airborne), 27th Infantry, 101st Airborne Division, APO 96347 USARV.  Evidence of record shows the applicant was assigned to HHC, 2nd Battalion (Airborne), 327th Infantry, 101st Airborne Division, APO 96347 USARV.  Therefore, his DD Form 214 should be amended to show HHC, 2nd Abn Bn, 327th Inf, 101st Abn Div, APO 96347 USARV in item 12. 

2.  1st Brigade, 101st Airborne Division Special Orders Number 168, dated 17 June 1966 show the applicant was awarded the Combat Medical Badge.  His DD Form 214 should be corrected to show award of the Combat Medical Badge in item 24.

3.  The applicant was released from active duty in the rank/grade of SP4/E-4 with 1 year, 9 months, and 3 days of total active service with no time lost and "excellent" conduct and efficiency ratings throughout his period of service.  There is no evidence of any derogatory information or a commander's disqualification for award of the 1st Award of the Army Good Conduct Medal.  It appears he met the eligibility criteria for award of the Army Good Conduct Medal (1st Award) for the period 11 August 1965 through 13 May 1967.  Therefore, he is entitled to the 1st Award of the Army Good Conduct Medal and correction of his DD Form 214 to show this award.

4.  He was assigned to a unit during a period of time the unit was awarded the Meritorious Unit Commendation and the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  Therefore, his DD Form 214 should be amended to add these 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:

* awarding him the Army Good Conduct Medal (1st Award) for the period 11 August 1965 through 13 May 1967
* deleting the entry in item 12 of his DD Form 214 and replacing it with HHC, 2nd Abn Bn, 327th Inf, 101st Abn Div, APO 96347 USARV
* deleting the entry ”Medical Badge” in item 24 of his DD Form 214
* 
adding to item 24:

* Army Good Conduct Medal (1st Award)
* Combat Medical Badge
* Meritorious Unit Commendation 
* Republic of Vietnam 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)                                         AR20110007914





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ABCMR Record of Proceedings (cont)                                         AR20110007914



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