IN THE CASE OF:

		BOARD DATE:    1 March 2012

		DOCKET NUMBER:  AR20110018003
 

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, Air Medal with two oak leaf clusters, and Republic of Vietnam Campaign Medal with Device (1960).

2.  The applicant states these awards were omitted from his DD Form 214 as a result of clerical error.  He was filing a claim when he noticed the awards were not listed.

3.  The applicant provides copies of his DD Forms 214 for the periods ending 15 April 1969 and 11 January 1972.

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 7 June 1968.  He completed training and was awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman).  He later enlisted in the Regular Army and reclassified into MOS 76Y (Supply Specialist).

3.  The applicant's DA Form 20 (Enlisted Qualification Record) shows:

	a.  in item 38 (Record of Assignments) he was assigned in Vietnam to Company C, 2d Battalion, 39th Infantry, from 7 November 1968 through 19 November 1968; to Company D, 2d Battalion, 39th Infantry, from 20 November 1968 to 17 April 1969; and to Battery B, 1st Battalion, 11th Artillery, from 18 April through 31 August 1969; and

	b.  in item 41 (Awards and Decorations) he was awarded or authorized the National Defense Service Medal, Vietnam Service Medal, Combat Infantryman Badge, Republic of Vietnam Campaign Medal with Device (1960), Army Commendation Medal (2nd Award), Republic of Vietnam Gallantry Cross with Palm Unit Citation, Republic of Vietnam Civil Actions Honor Medal, Air Medal with 2nd Oak Leaf Cluster, Army Good Conduct Medal, Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14), and Marksman Marksmanship Qualification Badge with Rifle Bar (M-16).

4.  The applicant's DD Form 214 for the period ending 15 April 1969 shows he was discharged from the Army of the United States for immediate enlistment in the Regular Army.

	a.  He completed 10 months and 9 days of total active service.

	b.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) shows the:

* National Defense Service Medal
* Vietnam Service Medal
* Combat Infantryman Badge
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-16)

5.  His DD Form 214 for the period ending 11 January 1972 shows he was released from active duty as a specialist five/E-5.

	a.  He completed 2 years, 8 months, and 26 days of service during the period covered by the DD Form 214 and 3 years, 7 months, and 5 days of total active service.

	b.  Item 24 shows the:

* Combat Infantryman Badge
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Army Commendation Medal
* Army Good Conduct Medal

6.  His record contains general orders for:

	a.  the Army Commendation Medal for outstanding achievement for the period October 1968 to April 1969,
 
	b.  the Air Medal with 1st Oak Leaf Cluster (indicating the second award) for the period 17 November 1968 to February 1969,

	c.  the Air Medal with 2nd Oak Leaf Cluster (indicating the third award).  The accompanying citation shows the period as 20 December 1968 to 7 February 1969; and

	d.  the Army Commendation Medal for meritorious service during the period October 1968 to June 1969.

7.  His record also contains special orders showing he qualified for the Second Class Gunner [Marksman] Marksmanship Qualification Badge with Machine Gun Bar.

8.  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 U.S. Army Human Resources Command, failed to reveal Bronze Star Medal orders pertaining to the applicant.

9.  Army Regulation 600-8-22 (Military Awards) contains the regulatory guidance for the Vietnam Service Medal.  It states a bronze service star is authorized with this award for each Vietnam campaign.  During his service in Vietnam, participation credit was awarded for the following four campaigns:

* Vietnam Counteroffensive Phase V	1 July-1 November 1968
* Vietnam Counteroffensive Phase VI	2 November 1968-22 February 1969
* Tet 69 Counteroffensive 1969	23 February-8 June 1969
* Vietnam Summer-Fall 1969	9 June-31 October 1969

10.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in the Republic of Vietnam.  This pamphlet shows his unit(s) was cited for two awards of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 1 July-13 November 1968 by Department of the Army General Orders (DAGO) Number 31, dated 1969, and for the period January-June 1969 by DAGO Number 59, dated 1969, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 19 December 1966-26 June 1969 by DAGO Number 59, dated 1969.

11.  Department of the Army Pamphlet 672-3 states not more than one Republic of Vietnam Gallantry Cross Unit Citation will be worn by any individual.  Although multiple awards of this unit citation are not authorized for wear, official military and historical records will indicate all awards received.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's record contains orders showing he was awarded two Army Commendation Medals, three Air Medals, and the Marksman Marksmanship Qualification Badge with Machine Gun Bar.  His final DD Form 214 should be corrected to show these awards.

2.  His DA Form 20 shows he qualified for the Republic of Vietnam Campaign Medal with Device (1960).  His final DD Form 214 should be corrected to show this award.

3.  Records show the applicant participated in four campaign periods during his service in Vietnam.  Therefore, he is entitled to four bronze service stars for wear on his already-awarded Vietnam Service Medal.  His final DD Form 214 should be corrected to show these bronze service stars.

4.  During the applicant's assignment in Vietnam, his unit(s) was cited for two awards of the Republic of Vietnam Gallantry Cross with Palm Unit Citation and one award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.  His final DD Form 214 should be corrected to show these unit awards.

5.  There is no available evidence showing the applicant was awarded the Bronze Star Medal.



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:

	a  deleting the "Gallantry Cross w/Palm" from item 24 of his DD Form 214 for the period ending 11 January 1972 and

	b.  adding the following awards to item 24 of his DD Form 214 for the period ending 11 January 1972:

* Air Medal (3rd Award)
* Army Commendation Medal (2nd Award)
* Vietnam Service Medal with four bronze service stars
* Republic of Vietnam Campaign Medal with Device (1960)
* Republic of Vietnam Gallantry Cross with Palm Unit Citation (2nd Award)
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation
* Marksman Marksmanship Qualification Badge with Machine Gun Bar

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 adding the Bronze Star Medal 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)                                         AR20100025029



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ABCMR Record of Proceedings (cont)                                         AR20110018003



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