IN THE CASE OF:	  

		BOARD DATE:	  12 July 2012

		DOCKET NUMBER:  AR20110024387 


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 Army Good Conduct Medal and any other unit awards. 

2.  The applicant states he served in Vietnam with the 3rd Battalion, 506th Infantry, from April 1969 to February 1970.  He believes he earned other awards which are not reflected on his DD Form 214.

3.  The applicant provides his DD Form 214 and DA Form 20 (Enlisted Qualification Record).

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 was inducted into the Army of the United States on 28 October 1968.  He completed basic combat and advanced individual training and he was awarded military occupational specialty 11B (Light Weapons Infantryman). 

3.  Headquarters, U.S. Army Training Center, Fort Campbell, KY, published the following Special Orders (SO):

* SO Number 323, on 18 December 1968 awarded him the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)
* SO Number 23, on 28 January 1969 awarded him the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16)

4.  SO Number 49, issued by Headquarters, U.S. Army Training Center, Fort Lewis, WA, on 18 February 1969, awarded him the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16).

5.  He served in Vietnam from 7 April 1969 to 5 February 1970.  He was assigned to Company D, 3rd Battalion, 506th Infantry, 101st Airborne Division. 

6.  General Orders (GO) Number 1389, issued by Headquarters, 2nd Armored Division, Fort Hood, TX, on 24 September 1970, awarded him the Army Good Conduct Medal.

7.  He was honorably released from active duty on 27 October 1970.  His DD Form 214 shows the:

* National Defense Service Medal
* Vietnam Service Medal with one bronze service star
* Combat Infantryman Badge
* Republic of Vietnam Campaign Medal
* Purple Heart
* Army Commendation Medal
* “Expert (M-60 MG)”
* “Sharpshooter (Rifle)” 

8.  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.  Appendix B shows during the applicant's service in Vietnam, participation credit was awarded for the below campaigns.  This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.

* Tet 69/Counteroffensive, 23 February - 8 June 1969
* Vietnam Summer - Fall 1969, 9 June - 31 October 1969
* Vietnam Winter - Spring 1970, 1 November 1969 - 30 April 1970

9.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows, during the period he served with the 3rd Battalion, 506th Infantry in Vietnam, this unit was cited for awards of the:

* Republic of Vietnam Gallantry Cross with Palm Unit Citation for service from 19 July 1968 to 14 May 1969, based on DAGO Number 43, dated 1970
* Republic of Vietnam Civil Actions Honor Medal with First Class Unit Citation for service from 18 March 1968 to 31 May 1970, based on DAGO Number 48, dated 1971

DISCUSSION AND CONCLUSIONS:

1.  GO awarded him the Army Good Conduct Medal (1st Award) which is not shown on his DD Form 214; therefore, he is entitled to correction of his DD Form 214 to show this award.

2.  He was awarded the Vietnam Service Medal.  He also participated in three campaigns during his service in Vietnam.  Therefore, he is entitled to three bronze service stars (in lieu of one) to be affixed to his already-awarded Vietnam Service Medal.

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

4.  SO awarded him the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14) and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16).  He was also awarded the Expert Marksmanship Qualification Badge with Machine Gun Bar (M-60).  As a matter of clarity, his DD Form 214 should be corrected to show all marksmanship badges with the correct bar.






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 the Vietnam Service Medal with one bronze service star and the entries "Sharpshooter Rifle" and "Expert M-60 MG" from his DD Form 214
* Adding to his DD Form 214 the:

* Army Good Conduct Medal (1st Award)
* Vietnam Service Medal with three bronze service stars
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal with First Class Unit Citation
* Expert Marksmanship Qualification Badge with Machine Gun Bar     (M-60)
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)
* Sharpshooter 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)                                         AR20110024387





3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20110024387



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1