IN THE CASE OF:	  

		BOARD DATE:	  22 December 2011

		DOCKET NUMBER:  AR20110010693 


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 add all medals to which he is entitled, in effect, those listed as verified by the National Personnel Records Center (NPRC) which, in addition to those already shown on his DD Form 214, include:

* Army Good Conduct Medal (AGCM)
* Marksman Marksmanship Qualification Badge with Machine Gun Bar
* Ranger Tab

2.  He states that all of his medals are not listed on his on his DD Form 214.

3.  He provides his DD Form 214 and a letter from the NPRC, dated 16 April 2004.

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 show he was inducted into the Army of the United States on 12 September 1966.  He served in the Republic of Vietnam from 25 February 1967 to 20 February 1968 and was assigned to Company A, and Company E, 2nd Battalion, 16th Infantry Regiment, 1st Infantry Division.  He was honorably released from active duty on 11 September 1968 and credited with 2 years of active service.

3.  A letter from the NPRC, dated 16 April 2004, stated the agency was pleased to verify the applicant's entitlement to the following awards:

* AGCM
* National Defense Service Medal
* Vietnam Service Medal with three bronze service stars
* Combat Infantryman Badge
* Republic of Vietnam Campaign Medal with Device (1960)
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar
* Marksman Marksmanship Qualification Badge with Machine Gun Bar and Pistol Bar
* Ranger Tab

4.  The shipping document provided by the NPRC shows the above awards were shipped.

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

* Combat Infantryman Badge
* Vietnam Service Medal with three bronze service stars
* National Defense Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar
* Marksman Marksmanship Qualification Badge with Pistol Bar

6.  General Orders Number 83, Headquarters, 1st Armored Division, dated 11 August 1968, show he was awarded the AGCM for the period 12 September 1966 to 11 September 1968.

7.  Item 41 (Awards and Decorations) of his DA Form 20 (Enlisted Qualification Record) does not show the award of the Ranger Tab or the Marksman Marksmanship Qualification Badge with Machine Gun Bar.

8.  His record is void of any evidence or orders that show he was awarded or entitled to award of the Ranger Tab or the Marksman Marksmanship Qualification Badge with Machine Gun Bar.  Additionally, there is no evidence to show he attended and/or successfully completed a ranger course.

9.  Army Regulation 600-8-22 (Military Awards) states that the Ranger Tab is awarded for successful completion of a ranger course conducted by the U.S. Army Infantry School or the Ranger Training Command.

10.  Army Regulation 600-8-22 also states a basic marksmanship qualification badge is awarded to indicate the degree in which an individual, military or civilian, has qualified in a prescribed record course and an appropriate bar is furnished to denote each weapon with which he or she qualified.  Each bar will be attached to the basic badge that indicates the qualification last attained with the respective weapon.

11.  A review of his DD Form 214 indicates he is entitled to additional awards that are not shown on this form.

12.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units that served in the Vietnam War.  This pamphlet shows the 2nd Battalion, 16th Infantry Regiment, to which the applicant was assigned, was cited for the Republic of Vietnam Gallantry Cross with Palm Unit Citation by Department of the Army General Orders (DAGO) Number 32, dated 1969, and Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation by DAGO Number 53, dated 1970.

DISCUSSION AND CONCLUSIONS:

1.  Orders verify the applicant is entitled to correction of his records to show the AGCM (1st Award).

2.  There is no evidence and he has not provided any to show he successfully completed ranger training and was awarded the Ranger Tab.  There is also no evidence that shows he qualified as marksman with the machine gun.  Therefore, in the absence of orders documenting award of the Ranger Tab and his qualification with the machine gun, the NPRC letter is an insufficient basis to correct his records to show these awards.

3.  The evidence of record shows he is entitled to the Republic of Vietnam Gallantry Cross with Palm Unit Citation and Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.  Therefore he is entitled to correction of his records to show these unit awards.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____X____  ____X____  ____X____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined the evidence presented is 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 adding the AGCM (1st Award), Republic of Vietnam Gallantry Cross with Palm Unit Citation, and Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation to item 24 of his DD Form 214.

2.  The Board further determined 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 award of the Ranger Tab and Marksman Marksmanship Qualification Badge with Machine Gun 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)                                         AR20110010693



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ABCMR Record of Proceedings (cont)                                         AR20110010693



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