IN THE CASE OF:	  

		BOARD DATE:  6 September 2012

		DOCKET NUMBER:  AR20120003642 


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 (Report of Transfer or Discharge) to show the Army Commendation Medal with Oak Leaf Clusters, a Republic of Vietnam unit citation, the Parachutist Badge, and correction of his last unit duty assignment.

2.  The applicant states that the awards never got recorded on his DD Form 214.  His entire unit was awarded the unit citation during his tour of duty.  His last assignment was Headquarters and Headquarters Battery, 1st Battalion, 321st Field Artillery, 101st Airborne Division.

3.  The applicant provides copies of the orders for two Army Commendation Medals (he stated he provided orders for three), his DD Form 214, and pages     1 and 4 of his 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 enlisted in the Regular Army on 23 September 1965.  During training he was awarded the Marksman Marksmanship Qualification Badge with (M-14) Rifle Bar, the Parachutist Badge, and the Sharpshooter Marksmanship Qualification Badge with (M-16) Rifle Bar.

3.  He served in Vietnam with Headquarters and Headquarters Battery, 1st Battalion, 321st Artillery from 16 December 1967 until his release from active duty on 15 August 1968. 

4.  101st Airborne Division General Orders 5321 of 4 September 1968 awarded him the Army Commendation Medal for the period 1 March to 31 July 1968 and 101st Airborne Division General Orders 9325 of 13 November 1968 awarded him the Army Commendation Medal for the period 30 January through 10 March 1968.

5.  Except for the Parachutist Badge his DA Form 20 lists no awards that are not shown on his DD Form 214.

6.  The applicant was released from active duty as a specialist five/E-5.  He was separated early to attend college.  His DD Form 214 lists his authorized awards as the National Defense Service Medal, Vietnam Service Medal, Good Conduct Medal, and the Vietnam Campaign Medal.  Item 12 (Last Duty Assignment and Major Command) contains the entry, “HHB 1ST BN 32 ARTY 1OST ACD APO 96383.”

7.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows the 1st Battalion, 321st Artillery was authorized the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 19 April through 15 August 1968 by Department of the Army General Order (DAGO) Number 21 of 1969 and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 18 March 1968 through 2 May 1970 by DAGO Number 48 of 1971.
   
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.  A bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.  Campaign periods that coincide with the applicant's tour of duty are the Vietnam Counteroffensive Phase III from 1 June 1967 through 29 January 1968, Tet Counteroffensive from 30 January through   1 April 1968, Vietnam Counteroffensive Phase IV from 2 April through 30 June 1968, and the Vietnam Counteroffensive Phase V from 1 July through  1 November 1968. 

DISCUSSION AND CONCLUSIONS:

1.  The applicant requests his DD Form 214 show the Army Commendation Medal with Oak Leaf Cluster, a Republic of Vietnam unit citation, the Parachutist Badge and correction of his last unit.

2.  During or immediately following training he was awarded the Parachutist Badge, Sharpshooter Marksmanship Qualification Badge with (M-16) Rifle Bar, and the Marksman Marksmanship Qualification Badge with (M-14) Rifle Bar.
 
3.  The available orders show he was twice awarded the Army Commendation Medal.  Orders for a third Army Commendation Medal were not filed in his records or provide by him.

4.  The applicant's unit was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.

5.  He is entitled to wear four bronze service stars on the Vietnam Service Medal.

6.  He was last assigned to the 321st Artillery, not the 32d Artillery as shown on his DD Form 214.

7.  His record should be corrected by showing the above awards as recommended below.
 
BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___X ___  ___X____  ___X  ___  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION



BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was 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 changing his DD Form 214 item:

     a.  item 12 to read, “HHB, 1st BN, 321st ARTY, 101st ABN, APO 96383”; and

     b.  adding, the Army Commendation Medal with One Oak Leaf Cluster, Republic of Vietnam Gallantry Cross with Palm Unit Citation, Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, Parachutist Badge, Sharpshooter Marksmanship Qualification with (M-16) Rifle Bar, Marksman Marksmanship Qualification Badge with (M-14) Rifle Bar, and four bronze service stars for wear on the Vietnam Service Medal to his DD Form 214.

2.  The Board further determined that the evidence presented was 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 a third Army Commendation 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)                                         AR20120003642



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ABCMR Record of Proceedings (cont)                                         AR20120003642



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