IN THE CASE OF:	  

		BOARD DATE:  20 March 2012

		DOCKET NUMBER:  AR20110018484 


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 of the awards he is entitled to for his service in the Republic of Vietnam.

2.  The applicant states his records contain an incomplete listing of awards for his military service.

3.  The applicant provides his DD Form 214.

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 enlisted in the Regular Army on 14 November 1969.  He completed training and was awarded military occupational specialty 11B (Light Weapons Infantryman).  He was stationed in the Republic of Vietnam from 7 May 1970 through 18 March 1971.  Initially he was assigned to Company C, 4th Battalion, 9th Infantry Regiment, 25th Infantry Division and later he was assigned to 2nd Battalion, 12th Infantry Regiment, 25th Infantry Division.  The highest rank/grade he attained during this period of service was specialist four/E-4.  

3.  On 3 September 1971, he was honorably released from active duty and transferred to the U.S. Army Reserve Control Group (Annual Training).  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows:

* National Defense Service Medal
* Vietnam Service Medal
* Combat Infantryman Badge
* Air Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* Army Commendation Medal

4.  His record contains Special Orders Number 022, issued by Headquarters,
U.S. Army Training Center, Infantry and Fort Polk, dated 23 January 1970, which show he was awarded the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16).

5.  His record contains General Orders Number 148, issued by Headquarters,
12th Support Brigade, Fort Bragg, dated 10 August 1971, which show he was awarded the Army Good Conduct Medal.

6.  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.  The same regulation states that a bronze service star is authorized with this award for each Republic of Vietnam campaign a member is credited with participating in. Appendix B shows that during his service in the Republic of Vietnam, participation credit was awarded for the following two campaigns:

* DA Sanctuary Counteroffensive
* Vietnam Counteroffensive Phase VII

7.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) was published to assist commanders and personnel officers in determining or establishing the eligibility of Soldiers for campaign participation credit, assault landing credit, and unit citation badges awarded during the Vietnam Conflict.  Department of the Army General Orders (DAGO) Number 5, dated 1973, announced award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to his unit during the period 1 September 1968 to 30 September 1970.

DISCUSSION AND CONCLUSIONS:

1.  General orders contained in the applicant’s record awarded him the Army Good Conduct Medal; therefore, it would be appropriate to correct his
DD Form 214 to show this award.

2.  Special orders awarded him the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16).  Therefore, he is entitled to correction of his
DD Form 214 to show this badge.

3.  Records show he was previously awarded the Vietnam Service Medal.  Evidence shows he participated in two campaign phases during his Republic of Vietnam service.  Therefore, he is entitled to correction of his DD Form 214 to show two bronze service stars for wear with his previously-awarded Vietnam Service Medal.  

4.  General orders awarded his unit in Vietnam the Republic of Vietnam Gallantry Cross with Palm Unit Citation; therefore, his DD Form 214 should be corrected to show this unit award.

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:

   a.  deleting from item 24 of his DD Form 214 Vietnam Service Medal; and 

   b.  adding to item 24 of his DD Form 214 the Army Good Conduct Medal, Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16), Vietnam Service Medal with two bronze service stars, and Republic of Vietnam Gallantry Cross with Palm Unit Citation.




      _______ _   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)                                         AR20110018484



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ABCMR Record of Proceedings (cont)                                         AR20110018484



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