BOARD DATE:	  22 May 2012

		DOCKET NUMBER:  AR20110023600 


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 his unit of assignment at the time of separation as "25th Administration Company, 25th Infantry Division" instead of "A Company, 2nd Battalion, 3rd Infantry, 199th Infantry Brigade" and awards of the:

* Bronze Star Medal (2nd Oak Leaf Cluster (OLC)) and "V" Device
* Army Commendation Medal (2nd OLC) and "V" Device
* Combat Infantryman Badge
* Purple Heart
* Good Conduct Medal
* Air Medal
* Republic of Vietnam Cross of Gallantry (2nd Award)
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation
* Four bronze service stars with the Vietnam Service Medal

2.  He states he earned the awards but his DD Form 214 does not show them. 

3.  The applicant provides:

* DD Form 214
* DA Form 20 (Enlisted Qualification Record)
* Extract of Department of the Army (DA) Pamphlet 672-3 ((Unit Citation and Campaign Participation Credit Register)
* General Orders (GO) 1888 showing award of the Bronze Star Medal 
(1st OLC) with "V" Device
* GO Number 3771 showing award of the Army Commendation Medal 
(1st OLC)

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 28 March 1968 and he held military occupational specialty 11B (Light Weapons Infantryman).  

3.  Special Orders (SO) Number 77, issued by Headquarters, 1st Basic Combat Training Brigade, Fort Lewis, WA, on 13 May 1969, awarded him the Marksman Marksmanship Qualification Badge with Rifle Bar (M-14).

4.  SO Number 197, issued by Headquarters, U.S. Army Training Center, Infantry, Fort Lewis, WA, on 16 July 1969, awarded him the Expert Marksmanship Qualification Badge with Machine Gun Bar (M-60).

5.  SO Number 199, issued by Headquarters, U.S. Army Training Center, Infantry, Fort Lewis, WA, on 18 July 1969, awarded him the Expert Marksmanship Qualification Badge with Rifle Bar (M-16).

6.  He served in Vietnam from 7 October 1969 to 29 October 1970.  He was assigned to:

* Company E, 1st Battalion, 28th Infantry, 1st Infantry Division, from 16 October to 30 March 1970
* Company A, 2nd Battalion, 3rd Infantry, 199th Infantry Brigade, from 31 March 1970 to 5 October 1970
* 25th Administration Company, 25th Infantry Division, from 5 October 1970 to 29 October 1970

7.  Headquarters, 1st Infantry Division, published the following GO/SO:

* SO Number 337, on 3 December 1969, awarding him the Combat Infantryman Badge
* GO Number 1587, on 6 February 1970, awarding him the Bronze Star Medal for achievement from 3 October 1969 to 29 January 1970

8.  Headquarters, U.S. Army Vietnam (USARV), published the following GO:

* GO Number 1451, on 23 May 1970, awarding him the Army Commendation Medal for achievement from 8 October 1969 to 7 March 1970
* GO Number 1888, on 18 June 1970, awarding him the Bronze Star Medal with "V" Device for heroism on 31 May 1970
* GO Number 3771, on 17 August 1970, awarding him the Army Commendation Medal (1st OLC) for achievement from 8 March to 7 August 1970
* GO Number 4075, on 2 September 1970, awarding him the Air Medal for achievement from 9 January to 13 August 1970
* GO Number 4111, on 4 September 1970, awarding him the Bronze Star Medal (2nd OLC) for service from October 1969 to October 1970
* GO Number 4281, on 14 September 1970, awarding him the Army Commendation Medal (2nd OLC) and "V" Device for heroism on 18 July 1970

9.  Headquarters, 199th Infantry Brigade, published the following GO:

* GO Number 893, on 5 June 1970, awarding him the Purple Heart for wounds received in action on 31 May 1970
* GO Number 947, on 2 August 1970, awarding him the Army Good Conduct Medal for service during the period 28 March 1969 through 29 October 1970

10.  He was honorably released from active duty in the rank/grade of specialist four/E-4 on 14 April 1971.  His DD Form 214 show in:

* Item 12 (Last Duty Assignment and Major Command) - Company A, 
2nd Battalion, 3rd Infantry, USARV
* 
Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) the –

* National Defense Service Medal
* Vietnam Service Medal
* Vietnam Campaign Medal
* Army Commendation Medal
* Good Conduct Medal
* Bronze Star Medal

11.  Army Regulation 600-8-22 (Military Awards), paragraph 2-13, contains the regulatory guidance on 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, campaign participation credit was awarded for the:

* Vietnam Summer - Fall 1969; 9 June - 31 October 1969
* Vietnam Winter - Spring 1970; 1 November 1969 - 30 April 1970
* Sanctuary Counteroffensive; 1 May - 30 June 1970
* Vietnam Counteroffensive Phase VII; 1 July 1970 - 30 June 1971

12.  DA Pamphlet 672-3 shows during his tenure with various units in Vietnam, these units were cited for awards of the:

	a.  1st Battalion, 28th Infantry, cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for service from 23 September 1969 to 15 February 1970, based on DAGO Number 2, dated 1971; and the Republic of Vietnam Civil Actions Honor Medal with First Class Unit Citation for service from October 1965 to 7 April 1970, based on DAGO Number 53, dated 1970

	b.  2nd Battalion, 3rd Infantry was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for service from 19 June 1968 to 31 July 1970, based on DAGO Number 51, dated 1971, and for service from 15 to 30 September 1970, based on DAGO Number 5, dated 1973; and the Republic of Vietnam Civil Actions Honor Medal with First Class Unit Citation for service from 12 December 1966 to 31 August 1970, based on DAGO Number 31, dated 1971. 

	c.  25th Administration Company was cited for award of the Meritorious Unit Commendation for service from 1 January to 3 December 1970, based on DAGO Number 6, dated 1974.

13.  DA Pamphlet 672-3 states not more than one Republic of Vietnam Gallantry Cross Unit Citation or Republic of Vietnam Civil Actions Honor Medal with First Class 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.  However, in the case of duplicate awards covering the same period of time only one award will be recorded in official military and historical records.

DISCUSSION AND CONCLUSIONS:

1.  SO awarded the applicant the Marksman Marksmanship Qualification Badge with Rifle Bar (M-14), Expert Marksmanship Qualification Badge with Machine Gun Bar (M-60), Expert Marksmanship Qualification Badge with Rifle Bar (M-16), and the Combat Infantryman Badge which are not shown on his DD Form 214; therefore, he is entitled to correction of his DD Form 214 to show these badges. 

2.  GO awarded him three awards of the Bronze Star Medal, one of which with a "V" Device and three awards of the Army Commendation Medal, one of which with a "V" Device.  His DD Form 214 only listed one award of each.  Therefore, he is entitled to correction of his DD Form 214 to show all six awards. 

3.  GO awarded him the Purple Heart and the Air Medal; however, his 
DD Form 214 did not list either award.  Therefore, he is entitled to correction of his DD Form 214 to show both awards. 

4.  GO awarded his units in Vietnam the Meritorious Unit Commendation, three awards of the Republic of Vietnam Gallantry Cross w/Palm Unit Citation, and two awards of the Republic of Vietnam Civil Actions Honor Medal with First Class Unit Citation.  Therefore, he is entitled to correction of his records to show these unit awards.

5.  He was awarded the Vietnam Service Medal.  Additionally, he participated in four campaigns while serving in the Republic of Vietnam.  Therefore, he is entitled to four bronze service stars to be affixed to the Vietnam Service Medal.

6.  He was assigned to the 25th Administration Company at the time of his separation.  Therefore, his DD Form 214 should be corrected to show this unit of assignment. 


BOARD VOTE:

__X___  ___X_____  ___X_____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined the evidence presented is 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 12 the entry "CO A, 2ND BN 3rd INF USARV" and adding the entry "25th ADMIN CO USARV" 
* deleting from item 24 of his DD Form 214 the Bronze Star Medal, Army Commendation Medal, and Vietnam Service Medal and adding the:

* Purple Heart
* Bronze Star Medal (3rd Award) and "V" Device 
* Army Commendation Medal (3rd Award) and "V" Device
* Air Medal
* Combat Infantryman Badge
* Vietnam Service Medal with four bronze service stars
* Meritorious Un it Commendation
* Republic of Vietnam Gallantry Cross with Palm Unit Citation (3rd Award)
* Republic of Vietnam Civil Actions Honor Medal with First Class Unit Citation (2nd Award)
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-14)
* 
Expert Marksmanship Qualification Badge with Machine Gun Bar     (M-60)
* Expert 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)                                         AR20110023600





3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20110023600



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1