IN THE CASE OF:	  

		BOARD DATE:	  20 December 2011

		DOCKET NUMBER:  AR20110012792 


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 he be issued a DD Form 215 (Correction to DD Form 214, Certificate of Release or Discharge from Active Duty) to show the following:

* Army Commendation Medal (ARCOM)
* Republic of Vietnam (RVN) Gallantry Cross with Palm Unit Citation
* All marksmanship qualification badges
* His 2 years of service in the Army National Guard (ARNG)

2.  He states, in effect, the National Personnel Records Center (NPRC) does not have his military service records and he hopes that the information provided will be sufficient to grant his request. 

3.  He provides:

* His DA Form 20 (Enlisted Qualification Record) 
* A copy of a citation for the ARCOM
* His DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge)
* ARNG documents
* A letter from the NPRC

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 are not available to the Board for review.  A fire destroyed approximately 18 million service members’ records at the National Personnel Records Center in 1973.  It is believed that the applicant’s records were lost or destroyed in that fire.  However, the documents he provided are sufficient for the Board to conduct a fair and impartial review of this case.  

3.  His DD Form 214 shows he enlisted in the Regular Army on 3 May 1966.  After the completion of training, he served in military occupational specialty 11B (Light Weapons Infantryman). 

4.   His DA Form 20 shows the following:

* Item 29 (Qualification in Arms) – he earned the Marksman Marksmanship Qualification Badge with M-14 and M-16 Rifle Bars
* Item 31 (Foreign Service) – he served in Vietnam from October 1966 to December 1968
* Item 38 (Record of Assignments) – he was assigned to Company B, 2nd Battalion, 28th Infantry Regiment, 1st Infantry Division, during his tour in Vietnam
* Item 41 (Awards and Decorations) – does not show he was awarded the ARCOM

5.  He provided a copy of a citation for award of the ARCOM.  The document was presented to him while assigned to Company B, 2nd Battalion, 28th Infantry Regiment, 1st Infantry Division, for exceptionally meritorious service in support of the United States’ objectives in the counter-insurgency effort in the RVN during the period October 1966 through August 1967.

6.  His DD Form 214 shows he was honorably released from active duty on 
6 December 1968 and transferred to the U.S. Army Reserve Control Group (Reinforcement) for completion of his Reserve service obligation.  Item 24 


(Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) shows the following awards:

* National Defense Service Medal 
* RVN Campaign Medal with Device 1960
* Army Good Conduct Medal 
* Vietnam Service Medal (VSM)
* Combat Infantryman Badge

7.  A review of the Awards and Decorations Computer-Assisted Retrieval System, an index of general orders issued during the Vietnam era between 1965 and 1973 maintained by the Military Awards Branch of the United States Army Human Resources Command, shows Headquarters, 1st Infantry Division issued General Orders Number 7445, dated 18 October 1967, which awards him the ARCOM.

8.  He provided a copy of his National Guard Bureau (NGB) Form 22 (Report of Separation and Record of Service) which shows he served in the ARNG from    27 August 1980 to 26 August 1983.  

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

10.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in Vietnam.  This pamphlet shows the 2nd Battalion, 28th Infantry Regiment, was awarded the RVN Gallantry Cross with Palm Unit Citation by Department of the Army General Order Number 21, dated 1969 and RVN Civil Actions Honor Medal First Class Unit Citation by Department of the Army General Order Number 53, dated 1970, during his period of assignment.

11.  Department of the Army Pamphlet 672-3 also lists campaign periods for the Vietnam era.  Six designated campaigns coincide with his period of service in Vietnam:

* Vietnam Counteroffensive, Phase II, 1 July 1966—31 May 1967
* Vietnam Counteroffensive, Phase III, 1 June 1967—29 January 1968 
* TET Counteroffensive, 30 January 1968—1 April 1968
* Vietnam Counteroffensive, Phase IV, 2 April 1968—30 June 1968 
* Vietnam Counteroffensive, Phase V, 1 July 1968—1 November 1968 
* Vietnam Counteroffensive, Phase VI, 2 November 1968—22 February 1969

12.  Army Regulation 600-8-22 (Military Awards) states a bronze service star, based on qualifying service for each campaign listed in Appendix B of this regulation, will be worn on the appropriate service medal.  A silver service star is authorized in lieu of five bronze service stars.

13.  Army Regulation 600-8-22 sets forth requirements for award of basic marksmanship qualification badges.  The qualification badge is awarded to indicate the degree – Expert, Sharpshooter, and Marksman -- in which an individual has qualified in a prescribed record course.  An appropriate bar is furnished to denote each weapon with which the individual has qualified.  

14.  Army Regulation 635-5 (Separation Documents) states the DD Form 214 is a summary of a Soldier's most recent period of continuous active duty (AD).  It provides a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge.  A DD Form 214 will be prepared for Active Army Soldiers on termination of AD by reason of administrative separation including for Reserve Component Soldiers completing 90 days or more of continuous Active Duty for Training, Full-Time National Guard Duty, Active Duty for Special Work, temporary tours of AD, or Active Guard Reserve service.  

DISCUSSION AND CONCLUSIONS:

1.  General orders awarded him the ARCOM.  As a result, he is entitled to have this award added to his DD Form 214. 

2.  His DA Form 20 shows he successfully qualified with two weapons.  As a result, he is entitled to add the Marksman Marksmanship Qualification Badge with M-14 and M-16 Rifle Bars to his DD Form 214. 

3.  General orders awarded his units the RVN Gallantry Cross with Palm Unit Citation and the RVN Civil Actions Honor Medal First Class Unit Citation.  Therefore, it would be appropriate to correct his DD Form 214 to show these unit awards.

4.  He was previously awarded the VSM.  His records show he participated in six campaigns while serving in the RVN.  Therefore, he is entitled to one bronze service star and one silver service star for wear on his VSM.

5.  His NGB Form 22 correctly shows he was discharged from the ARNG on 
26 August 1983, after completing three years of service.  There is no error or injustice on his DD Form 214 for the period ending 6 December 1968 as it pertains to his service in the ARNG.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___X__ _  ___X_ __  ___X____  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 partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

   a.  deleting the VSM from item 24 of his DD Form 214; and

	b.  adding to item 24 of his DD Form 214 the:

* ARCOM
* RVN Civil Actions Honor Medal First Class Unit Citation 
* RVN Gallantry Cross with Palm Unit Citation 
* VSM with one silver service star and one bronze service star
* Marksman Marksmanship Qualification Badge with M-14 and M-16 Rifle Bars

2.  The Board further determined that 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 adding his service in the ARNG to his DD Form 214.  



      _______ _  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)                                         AR20110012792





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ABCMR Record of Proceedings (cont)                                         AR20110012792



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