BOARD DATE:	  2 February 2012

		DOCKET NUMBER:  AR20110017503 


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 the following:

* Vietnam Service Medal with two or three bronze service stars
* 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)
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-14)
* First Class Gunner (Sharpshooter) Marksmanship Qualification Badge with Machine Gun Bar (M-60)
* Any other medals awarded to his unit in Vietnam

2.  The applicant states the awards listed above were left off of his DD Form 214.

3.  The applicant provides:

* His DD Form 214
* DA Form 20 (Enlisted Qualification Record)
* A letter
* Six orders
* Standard Form 88 (Report of Medical Examination)
* Standard Form 89 (Report of Medical History)




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 records show he enlisted in the Regular Army on 4 November 1966 and he held military occupational specialty 11B (Light Weapons Infantryman).  He served in Vietnam as follows:

* 14 March to 30 April 1969, while assigned to Company D, 1st Battalion, 28th Infantry, 1st Infantry Division
* 1 May 1969 to1 March 1970, while assigned to Company B, 1st Battalion, 2nd Infantry, 1st Infantry Division

3.  He was honorably released from active duty on 1 March 1970 and he was transferred to the U.S. Army Reserve.  He completed 2 years, 7 months, and 18 days of creditable active service with 250 days of time lost.

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

* National Defense Service Medal
* Vietnam Service Medal
* Vietnam Campaign Medal
* Combat Infantryman Badge
* Army Commendation Medal (1st Oak Leaf Cluster)
* Air Medal

5.  Item 29 (Qualification in Arms) of his DA Form 20 shows he was awarded the Expert Marksmanship Qualification Badge with Rifle Bar (M-16), Marksman Marksmanship Qualification Badge with Rifle Bar (M-14), and the Sharpshooter Marksmanship Qualification Badge with Machine Gun Bar (M-60).

6.  Item 41 (Awards and Decorations) of his DA Form 20 shows he was awarded the Parachutist Badge.

7.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows that at the time of his assignment to Company D, 1st Battalion, 28th Infantry, this unit was cited for award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 1 October 1965 to 7 April 1970 by Department of the Army General Orders (DAGO) Number 53, dated 1970.

8.  Department of the Army Pamphlet 672-3 also shows that at the time of his assignment to Company B, 1st Battalion, 2nd Infantry, this unit was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 23 September 1969 to 15 February 1970 by DAGO Number 2, dated 1971.

9.  Army Regulation 600-8-22 (Military Awards), paragraph 2-13, contains the regulatory guidance for the Vietnam Service Medal.  It states a bronze service star is authorized with this award for each Vietnam campaign a member is credited with participating in.  Appendix B shows that during his service in Vietnam, participation credit was awarded for the following three campaigns:

* TET 69 Counteroffensive 1969 (23 February-8 June 1969)
* Vietnam Summer-Fall 1969 (9 June-31 October 1969)
* Vietnam Winter-Spring 1970 (1 November 1969-30 April 1970)

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record confirms the applicant was awarded the Expert Marksmanship Qualification Badge with Rifle Bar (M-16), Marksman Marksmanship Qualification Badge with Rifle Bar (M-14), Sharpshooter Marksmanship Qualification Badge with Machine Gun Bar (M-60), and the Parachutist Badge which are not on shown on his DD Form 214.  Therefore, he is entitled to correction of his DD Form 214 to show these badges.

2.  General orders awarded his units in Vietnam the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation and Republic of Vietnam Gallantry Cross with Palm Unit Citation during the period he was assigned to each unit.  Therefore, he is entitled to correction of his DD Form 214 to show these unit awards.

3.  His record confirms he participated in three campaigns while serving in Vietnam.  Therefore, he is entitled to three bronze service stars for wear on his already-awarded Vietnam Service Medal and correction of his DD Form 214 to show these bronze service stars.

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:

* Deleting from item 24 of his DD Form 214 the Vietnam Service Medal
* Adding to item 24 of his DD Form 214 the:

* Expert Marksmanship Qualification Badge with Rifle Bar (-M16)
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-14)
* Sharpshooter Marksmanship Qualification Badge with Machine Gun Bar (M-60)
* Parachutist Badge
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation
* Republic of Vietnam Gallantry Cross with Palm 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)                                         AR20110017503





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ABCMR Record of Proceedings (cont)                                         AR20110017503



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