BOARD DATE:	  22 November 2011

		DOCKET NUMBER:  AR20110009643 


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, in effect, that all of his individual and unit awards be added to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge). 

2.  The applicant states, in effect, that all of his authorized awards were not entered on his DD Form 214 at the time of his release from active duty (REFRAD). 

3.  The applicant provides copies of two DD Forms 214, personnel qualification records, weapons qualification orders, and his separation physical.

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 on 18 January 1966 for a period of 3 years.  He completed basic training at Fort Polk, Louisiana and advanced individual training as an infantryman at Fort Ord, California before being transferred to Fort Benning, Georgia to attend Infantry Officer Candidate School.

3.  On 16 April 1967, he was honorably discharged to accept a commission.  He had served 1 year, 2 months, and 29 days of active service.  He was awarded the National Defense Service Medal, Good Conduct Medal, and Sharpshooter Marksmanship Qualification Badge with Rifle Bar.

4.  On 17 April 1967, he was commissioned as an infantry second lieutenant with a concurrent call to active duty.  He was transferred to Fort Bragg, North Carolina for his first duty assignment.

5.  He was transferred to Vietnam on 13 April 1968 and on 17 April 1968 he was promoted to the rank of first lieutenant.  He was assigned to the 6th Psychological Operations (Psyop) Battalion for duty as an audio visual team leader.

6.  After serving in four campaigns, on 31 March 1969 he departed Vietnam for assignment to Fort Gordon, Georgia where he remained until he was transferred to Thailand on 5 May 1970 for duty with the 93d Psyop Detachment.  He served in Thailand until 15 April 1972 until he was transferred to Oakland Army Base, California and honorably REFRAD on 24 April 1972.

7.  He had served 6 years, 3 months, and 9 days of active service and his 
DD Form 214 issued at the time of his REFRAD shows he was awarded the Joint Service Commendation Medal, Aircraft Crewman Badge, National Defense Service Medal, Good Conduct Medal, Vietnam Service Medal (VSM), Republic of Vietnam Campaign Medal with Device (1960), Combat Infantryman Badge, Bronze Star Medal, Air Medal 1st Oak Leaf Cluster (1OLC), Army Commendation Medal, and Meritorious Unit Commendation (MUC).

8.  Headquarters, U.S. Army Vietnam, General Orders Number 1962, dated
4 June 1969, awarded the applicant the Air Medal 2OLC.

9.  His records also show that he was awarded the Expert Marksmanship Qualification Badge with Rifle Bar and the Sharpshooter Marksmanship Qualification Badge with Machinegun and .45 Caliber Pistol Bars. 

10.  Army Regulation 600-8-22 (Military Awards) provides for the wear of a bronze service star on the appropriate service medal for each campaign participation credit.
11.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows that during the applicant's assignment his unit was cited for award of the MUC, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation. 

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s contention that his DD Form 214 does not reflect all of his awards has been noted and found to have merit.  The applicant’s DD Form 214 reflects award of the VSM; however, it does not reflect the four bronze service stars that he is authorized to denote his campaign participation.  

2.  The applicant’s DD Form 214 also reflects that he was awarded the Air Medal 1OLC when in fact he was awarded the Air Medal 2OLC.

3.  The applicant was also awarded the Expert Marksmanship Qualification Badge with Rifle Bar and the Sharpshooter Marksmanship Qualification Badge with Machinegun and .45 Caliber Pistol Bars which are not reflected on his 
DD Form 214.

4.  Additionally, the applicant’s unit was subsequently awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation and he is entitled to have these awards added to his DD Form 214.

BOARD VOTE:

___x_____  ___x_____  __x___  GRANT FULL RELIEF 

________  ________  ________  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 relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending his DD Form 214 for the period ending 26 April 1972 to:

   a.  Delete the “Vietnam Service Medal” and add the “Vietnam Service Medal with four bronze service stars;

   b.  Delete the “Air Medal 1OLC” and add the “Air Medal 2OLC”; and 

   c.  Add the 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, and Sharpshooter Marksmanship Qualification Badge with Machinegun and .45 Caliber Pistol Bars.

2.  The Board wants the applicant and all others to know that the sacrifices he made in service to the United States during the Vietnam War are deeply appreciated.  The applicant and all Americans should be justifiably proud of his service in arms.




      _______ _   __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)                                         AR20110009643



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ABCMR Record of Proceedings (cont)                                         AR20110009643



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