IN THE CASE OF:	  

		BOARD DATE:	  15 May 2012

		DOCKET NUMBER:  AR20110023583 


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 that his DD Form 214 (Report of Transfer or Discharge) be corrected to show all of his awards and all of his training.

2.  The applicant states his award of the Bronze Star Medal with "V" Device, Good Conduct Medal, Sharpshooter Marksmanship Qualification Badge, Republic of Vietnam Campaign Medal with Device (1960), and the Republic of Vietnam Gallantry Cross with Palm Unit Citation were omitted from his 
DD Form 214.  He also states his completion of the Airborne training course is not on his DD Form 214.

3.  The applicant provides copies of his DD Form 214, citation for the Bronze Star Medal with "V," orders for the Good Conduct Medal, two National Personnel Records Center (NPRC) award letters, orders to and a completion certificate for the Basic Airborne Course. 

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 30 June 1965, completed training, and was awarded the military occupational specialty 11B (Light Weapons Infantryman).

3.  1st Infantry Division General Orders Number 2616, dated 26 April 1967, awarded the applicant the Bronze Star Medal with "V" Device.

4.  He completed the Army Projectionist Course on 4 February 1968 and the Basic Airborne Course on 25 September 1968.

5.  47th Engineer Battalion General Order Number 2, dated 22 May 1969, awarded the applicant the Good Conduct Medal.

6.  His DA Form 20 (Enlisted Qualification Record) shows:

	a.  service in Vietnam with assignment to:

		(1)  Company B, 2nd Battalion, 18th Infantry Regiment from 29 September 1966 through 23 April 1967; and 

		(2)  593rd General Support Group from 24 April 1967 through 8 October 1967;

	b.  service in Vietnam during one campaign period;

	c.  his authorized awards are the Vietnam Service Medal, National Defense Service Medal, Combat Infantryman Badge, Vietnam Campaign Medal, Sharpshooter Marksmanship Qualification Badge with Rifle Bar (with the M-14), Marksman Marksmanship Qualification Badge with Rifle Bar (with the M-16), and the Sharpshooter Marksmanship Qualification Badge with Machinegun Bar; and 

	d.  promotion to sergeant, E-5, on 28 March 1969.

7.  The applicant was released from active duty on 27 June 1969.  His DD Form 214 shows award of the National Defense Service Medal, "Vietnam Campaign Medal", Combat Infantryman Badge, and the "Vietnam Service Medal".   It does not include a notation of his completion of the Basic Airborne course or the Army Projectionist Course.

8.  A 13 January 2005 NPRC letter lists the applicant's authorized awards as the Bronze Star Medal with "V" Device, National Defense Service Medal, Vietnam Service Medal, Combat Infantryman Badge, Republic of Vietnam Campaign Medal with Device (1960), Sharpshooter Marksmanship Qualification Badge with Machinegun and Rifle Bars, Marksman Marksmanship Qualification Badge with Rifle Bar, and the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  

9.  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 document shows that while the applicant was assigned to the 2nd Battalion, 18th Infantry Regiment, it was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation. 

10.  Army Regulation 600-8-22 (Military Awards) provides the following:

	a.  the correct complete name for the "Vietnam Campaign Medal" is the Republic of Vietnam Campaign Medal with Device (1960);

	b.  the correct complete name for a marksmanship badge includes the level of award followed by Marksmanship Qualification Badge and ending in the title for the weapons system for which the qualification was earned;

	c.  a bronze service star is authorized, based on qualifying service, for each designated campaign listed in Appendix B of the regulation and states that authorized service stars will be worn on the appropriate campaign or service medal.  The regulation also lists the designated campaign periods for which a bronze service star is authorized for wear on the Vietnam Service Medal.  Based on the applicant's dates of service in Vietnam, Appendix B indicates he participated during the following three campaign periods: the Vietnam Counteroffensive, 25 December 1965 - 30 June 1966; Counteroffensive Phase II, 1 July 1966 - 31 May 1967; and the Counteroffensive Phase III, 1 June 1967 - 29 January 1968.

11.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, release from active duty service, or control of the Active Army.  It establishes standardized policy for preparing and distributing the DD Form 214 and states, as then in effect, all awards and decorations for all periods of service are to be listed in the priority sequence at item 24.  Each entry will be verified by the Soldier's records and abbreviations are not to be used.


DISCUSSION AND CONCLUSIONS:

1.  The applicant's completion of the Army Projectionist Course and the Basic Airborne Course were omitted from item 25 on the DD Form 214.  

2.  The applicant's award of the Bronze Star Medal with "V" Device, Good Conduct Medal, and all of his three marksmanship qualification badges were omitted from the DD Form 214.  

3.  The applicant served in Vietnam during three campaign periods and is authorized to wear three bronze service stars on his Vietnam Service Medal.

4.  The DD Form 214 shows incomplete entries for the award of the Vietnam Service Medal and the Vietnam Campaign Medal.  These entries should be deleted and replaced with complete names and appurtenances (devices).

5.  In addition to the awards noted above and listed on the DD Form 214, the applicant is also authorized award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.

6.  Based on the above facts and finding, it is appropriate to correct the applicant's DD Form 214 by:

	a.  deleting the Vietnam Service Medal and the Vietnam Campaign Medal;

	b.  adding at item 25 the Army Projectionist Course and the Basic Airborne Course; and  

	c.  adding the Bronze Star Medal with "V" Device, Good Conduct Medal,  Vietnam Service Medal with three bronze service stars, Republic of Vietnam Campaign Medal with Device (1960), Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, Sharpshooter Marksmanship Qualification Badge with Machinegun and Rifle Bar (M-14), Marksman Marksmanship Qualification Badge with Rifle Bar (M-16).


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 correcting the applicant's DD Form 214 as follows:

	a.  deleting the Vietnam Service Medal and the Vietnam Campaign Medal;

	b.  adding, at item 25, the Army Projectionist Course and the Basic Airborne Course; and  

	c.  adding, at item 24, the Bronze Star Medal with "V" Device, Good Conduct Medal, Vietnam Service Medal with three bronze service stars, Republic of Vietnam Campaign Medal with Device (1960), Republic of Vietnam Gallantry Cross with Palm Unit Citation, Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, Sharpshooter Marksmanship Qualification Badge with Machinegun and Rifle Bars (M-14), and the Marksman Marksmanship Qualification Badge with Rifle Bar (M-16).



      _______ _   _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)                                         AR20110023583





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ABCMR Record of Proceedings (cont)                                         AR20110023583



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