IN THE CASE OF:	  

		BOARD DATE:	  3 January 2012

		DOCKET NUMBER:  AR20110010874 


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 award of the Bronze Star Medal and the Air Medal.  

2.  The applicant states the awards were issued to him but not entered on his DD Form 214.

3.  The applicant provides:

* Honorable Discharge Certificate, dated 1 April 1975
* Air Medal Certificate and Citation for the period 18 March to 30 March 1970
* Bronze Star Medal Certificate, Citation, and General Orders for the period 
1 March to 30 November 1970
* National Personnel Records Center Letter, dated 4 May 2011

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 15 April 1969.  Upon completion of initial entry training he was awarded military occupational specialty 71B (Clerk Typist).  The highest rank he attained while serving on active duty was specialist four (SPC)/E-4.

3.  His record contains:

   a.  General Orders Number 14229, issued by Headquarters, 101st Airborne Division (Airmobile), dated 6 December 1970, which show he was awarded the Bronze Star Medal for the period 1 March to 30 November 1970; and

   b.  General Orders Number 2046, issued by the same organization, dated 
11 March 1971, which show he was awarded the Air Medal for the period 
18 March to 30 March 1970.

4.  His DA Form 20 (Enlisted Qualification Record) shows he served in the Republic of Vietnam during the period 14 March 1970 through 3 January 1971.  He was assigned to C Troop, 2nd Squadron, 17th Cavalry, 101st Airborne Division (Airmobile) and performed the duties of a rifleman.

5.  On 6 January 1971, he was honorably released from active duty and transferred to the U.S. Army Reserve Control Group (Annual Training).

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

* National Defense Service Medal 
* Combat Infantryman Badge
* Army Commendation Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* Overseas Service Bar (2)
* Sharpshooter Marksmanship Qualification Badge (M-14)



7.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows:

   a.  Department of the Army General Orders (DAGO) Number 24, dated 1972, awarded his unit the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 2 December 1969 through 9 January 1971; and

   b.  DAGO Number 48, dated 1971, awarded his unit the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 18 March through 2 May 1970.

8.  Army Regulation 600-8-22 (Military Awards) states the Vietnam Service Medal 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.  
This same regulation states a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each credited campaign.

9.  Appendix B of Army Regulation 600-8-22 shows that during his service in Vietnam, he participated in the following three campaigns:

* Vietnam Winter-Spring 1970
* DA Sanctuary Counteroffensive
* Vietnam Counteroffensive, Phase VII 

DISCUSSION AND CONCLUSIONS:

1.  Orders show he was awarded the Bronze Star Medal and the Air Medal.  Therefore, his DD Form 214 should be corrected to show these awards.

2.  The applicant's unit was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation during his period of assignment.  Therefore, his DD Form 214 should be corrected to show these unit awards.

3.  He served a qualifying period to be awarded the Vietnam Service Medal. Evidence shows he participated in three campaign phases during his Republic of Vietnam service.  Therefore, he is entitled to correction of his DD Form 214 to show the Vietnam Service Medal with three bronze service stars.

4.  In view of the above, his request should be granted.

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  adding to item 24 of his DD Form 214 the:

* Bronze Star Medal 
* Air Medal 
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation
* Vietnam Service Medal with three bronze service stars



      ___________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)                                         AR20110010874





3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20110010874



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1