IN THE CASE OF:	  

		BOARD DATE:	  18 January 2012

		DOCKET NUMBER:  AR20110014411 


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 all awards he earned or is entitled to.

2.  The applicant states he was issued awards that are not listed on his DD Form 214.

3.  The applicant provides his DD Form 214 and page 4 of two DA Forms 20 (Enlisted Qualification Record).

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 record shows the applicant was inducted into the Army on 25 April 1966, and was trained in and awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman).

3.  The record contains two DA Forms 20, one prepared and signed on 2 May 1968 and last reviewed on 28 November 1968; and the second undated and unsigned.  Both forms show he served in the Republic of Vietnam (RVN) from 
24 November 1968 to 20 November 1969.  Item 38 (Record of Assignments) of both DA Forms 20 show that during his RVN tour, he was assigned to
Company C, 2nd Battalion, 501st Infantry Regiment, performing duties in MOS 11B as a rifleman.

4.  Item 41 (Awards and Decorations) of the 2 May 1968 DA Form 20 shows the:

* National Defense Service Medal (NDSM)
* Sharpshooter Marksmanship Qualification Badge with Rifle (M-14) Bar
* Vietnam Service Medal (VSM)
* "Vietnamese Unit Citation Emblem"
* 2nd Class Gunner (Marksman Marksmanship Qualification) Badge with Machinegun Bar (M-60)
* Expert Marksmanship Qualification Badge with Rifle (M-16) Bar

5.  Item 41 of the unsigned and undated DA Form 20 shows, in addition to the awards listed in item 41 of the 2 May 1968 DA Form 20, the:

* Bronze Star Medal (BSM)
* BSM with “V” (Valor) Device
* Army Commendation Medal (ARCOM)
* Combat Infantryman Badge (CIB)
* RVN Campaign Medal with Device (1960)
* Meritorious Unit Commendation (MUC)
* "Armed Forces Level (GC/WP) [Gallantry Cross with Palm]"

6.  The entry for the BSM with “V” Device in item 41 of the undated DA Form 20 lists the order authorizing the award as General Order (GO) 10831, Headquarters, 101st Airborne Division, dated 19 August 1969.  This GO is on file in the applicant’s Military Personnel Records Jacket (MPRJ) but lists another Soldier as the recipient of the award.  The applicant is not listed as an award recipient on this GO.  


7.  On 28 November 1969, the applicant was honorably released from active duty (REFRAD) as an overseas returnee, in the rank/grade of specialist four (SP4)/
E-4.  He completed 1 year, 7 months, and 4 days of total active service.

8.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the DD Form 214 he was issued upon his REFRAD on 28 November 1969 shows the:

* NDSM
* ARCOM
* VSM
* BSM
* RVNCM
* CIB
* Army Good Conduct Medal (AGCM)

9.  Army Regulation 600-8-22 (Military Awards) contains the Army’s awards policy.  Paragraph 2-13 contains guidance on the VSM.  It states a bronze service star is authorized with this award for each campaign a member is credited with participating in while serving in the RVN.  Table B-1 contains a list of all campaigns and shows that during the applicant’s tenure of assignment in the RVN, participation credit was granted for the following four campaigns:

* Vietnam Counteroffensive Phase VI (2 November 1968 - 22 February 1969)
* Tet 69 Counteroffensive (23 February - 8 June 1969)
* Vietnam Summer-Fall 1969 (9 June - 31 October 1969)
* Vietnam Winter-Spring 1970 (1 November 1969 - 30 April 1970)

10.  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 the 2nd Battalion, 501st Infantry Regiment, the unit to which the applicant was assigned, was cited for award of the:

* Presidential Unit Citation (PUC) for the period 10 through 21 May 1969, by Department of the Army General Orders Number 16, dated 1972
* Valorous Unit Award (VUA) for the period 17 April through 7 May 1969 by DAGO Number 2, dated 1971
* RVN Gallantry Cross (RVNGC) with Palm Unit Citation, 15 August 1968 through 14 May 1969 by DAGO Number 43, dated 1970


* RVN Civil Actions Honor Medal (RVNCAHM) First Class (FC) Unit Citation for the period 18 March 1968 through 2 May 1970 by DAGO Number 48, dated 1971

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s request to add all awards he earned and for which he is entitled has been carefully considered and found to have partial merit.

2.  The evidence of record shows that based on his RVN service and campaign participation, the applicant is entitled to the PUC, VUA, RVNGC with Palm Unit Citation, RVNCAHMFC Unit Citation, and 4 bronze service stars for wear on his already-awarded VSM.  Therefore, it would be appropriate to add these awards to his DD Form 214 at this time.

3.  The evidence of record also shows the applicant earned three marksmanship badges that were not listed in item 24 of his DD Form 214.  Therefore, his DD Form 214 should be corrected to show the:

* Expert Marksmanship Qualification Badge with Rifle Bar (M-16)
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)
* Marksman Marksmanship Qualification Badge with Machinegun Bar
(M-60)

4.  The applicant's unsigned DA Form 20 shows the BSM with “V” Device and cites GO Number 10831 as the authorizing authority.  His MPRJ contains a copy of the cited GO; however, the award recipient is another Soldier.  Therefore, there is no basis for adding this award to his DD Form 214.

5.  The applicant's unsigned DA Form 20 also shows the MUC.  However, his unit was never cited for award of the MUC at any time during its service in the RVN.  Therefore, there is no basis for adding this unit award to his DD Form 214.

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 from item 24 of his DD Form 214 the Vietnam Service Medal and

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

* Vietnam Service Medal with four bronze service stars
* Presidential Unit Citation
* Valorous Unit Award
* 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 (M-16)
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)
* Marksman Marksmanship Qualification Badge with Machinegun Bar

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 the Bronze Star Medal with "V" Device or the Meritorious Unit Commendation to item 24 of 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)                                         AR20110014411



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ABCMR Record of Proceedings (cont)                                         AR20110014411



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