IN THE CASE OF:	  

		BOARD DATE:	  9 October 2012

		DOCKET NUMBER:  AR20120007009 


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 the medals he was awarded or authorized.  

2.  He states his permanent records were lost in transit from Vietnam in April 1971 and he was discharged from the service on temporary records and his affidavit.  

3.  He provides:

* DD Form 214
* Citation for award of the Army Commendation Medal 
* DA Form 20 (Enlisted Qualification Record), page 4
* General orders awarding him the Purple Heart

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 was inducted into the Army of the United States on 30 January 1970.  At the completion of basic combat and advanced individual training, he was awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman).  

3.  His service record included the following orders indicating:

	a.  Special Orders Number 85, dated 26 March 1970, he qualified as Sharpshooter with the M-16 rifle and hand grenade and was awarded the Sharpshooter Marksmanship Qualification Badge with Rifle (M-16) and Hand Grenade Bars.

	b.  Special Orders Number 96, dated 9 May 1970, he qualified as Sharpshooter with the .45 caliber pistol and was awarded the Sharpshooter Marksmanship Qualification Badge with Pistol Bar.

	c.  Special Orders Number 218, dated 6 August 1970, he was awarded the Combat Infantryman Badge (1st Award).

	d.  General Orders Number 526, dated 1 March 1971, he was awarded the Army Commendation Medal for meritorious achievement from 29 June to 29 December 1970.

4.  He provided General Orders Number 9831, issued by Headquarters, 25th Infantry Division, on 22 September 1970, which show he was awarded the Purple Heart for wounds received in action on 19 September 1970.

5.  His DA Form 20 shows in:

   a.  item 31 (Foreign Service), he served in Vietnam from 25 June 1970 to 5 April 1971.
   
   b.  item 38 (Record of Assignments), he was assigned to Company B, 1st Battalion, 5th Infantry Regiment, 25th Infantry Division in Vietnam from 1 July 1970 to 16 May 1971.
   
   c.  item 40 (Wounds), he sustained a laceration to his right arm on 19 September 1970.
   
   d.  item 41 (Awards and Decorations), lists award of the National Defense Service Medal (not issued), Sharpshooter Marksmanship Qualification Badge with Rifle (M-16) and Hand Grenade Bars, Vietnam Service Medal (not issued), Combat Infantryman Badge, Republic of Vietnam Campaign Medal with Device (1960), overseas service bars, Army Commendation Medal, and Republic of Vietnam Gallantry Cross with Palm Unit Citation (pending, not issued).

6.  He was discharged on 9 February 1972 under the provisions of Army Regulation 635-200 (Personnel Separations – Enlisted Personnel), chapter 10 for the good of the service in lieu of trial by court-martial on temporary records and Soldier's affidavit.  He completed 1 year, 4 months, and 28 days active military service with 222 days of lost time.

7.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam.  This pamphlet shows the unit to which the applicant was assigned was cited for award of the:

	a.  Meritorious Unit Commendation for the period 1 November 1968 to 30 June 1970 by Department of the Army General Order Number 51, dated 1971.  

	b.  Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 1 September 1968 to 30 September 1970 by Department of the Army General Order Number 5, dated 1973.

8.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards.  This regulation states:

   a.  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.  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 was awarded for the Sanctuary Counteroffensive and Vietnam Counteroffensive Phase VII campaigns. 

   b.  the Republic of Vietnam Campaign Medal with Device (1960) was awarded by the Government of Vietnam to all members of the Armed Forces of the United States for qualifying service in Vietnam during the period 1 March 1961 through 28 March 1973.  Qualifying service included assignment in Vietnam for 6 months or more.
   
   c.  the National Defense Service Medal is awarded for honorable active service for any period between 27 July 1950 and 27 July 1954, 1 January 1961 and 14 August 1974, 2 August 1990 and 30 November 1995, and 11 September 2001 and a date to be determined.  
   
9.  Army Regulation 670-1 (Uniforms and Insignia) governs the requirements for the Overseas Service Bar.  It states a bar is authorized for wear for each period of active Federal service as a member of the U.S. Army outside of the continental limits of the United States for the specific time frames and areas of operation cited in Army Regulation 670-1 or appropriate Department of the Army message.  There are special provisions regarding authorization for the Overseas Service Bar for service in a hostile fire zone and for combining service to calculate award of the bars.  For Vietnam service, one overseas service bar was authorized for each period of 6 months active Federal service as a member of a U.S. Service in Vietnam from 1 July 1958 to 28 March 1973.  Both the month of arrival and the month of departure from Vietnam were counted as whole months for credit toward the overseas service bar.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's service record includes special orders which show he was awarded the Combat Infantryman Badge and Sharpshooter Marksmanship Qualification Badge with Rifle (M-16), Hand Grenade, and Pistol (.45 caliber) Bars.  Therefore, these badges should be added to his DD Form 214.

2.  General orders show he was awarded the Purple Heart for wounds received in action on 19 September 1970 and the Army Commendation Medal.  Therefore, these awards should be added to his DD Form 214.

3.  The evidence of record shows he served in Vietnam from 25 June 1970 to 5 April 1971.  Therefore, he served a period of qualifying service for award of the Vietnam Service Medal with two bronze service stars, Republic of Vietnam Campaign Medal with Device (1960), and one overseas service bar.  Therefore, these awards should be added to his DD Form 214.

4.  His unit in Vietnam was cited for award of the Meritorious Unit Commendation and Republic of Vietnam Gallantry Cross with Palm Unit Citation.  Therefore, his DD Form 214 should be corrected to show these awards.


5. He served a period of qualifying service for award of the National Defense Service Medal.  Therefore, his DD Form 214 should be amended to show this medal.

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 the 
DD Form 214 of the individual concerned be corrected by adding the following awards:

* Combat Infantryman Badge
* Sharpshooter Marksmanship Qualification Badge with Rifle (M-16), Hand Grenade, and Pistol (.45 caliber) Bars
* Purple Heart
* Army Commendation Medal
* Vietnam Service Medal with two bronze service stars
* Republic of Vietnam Campaign Medal with Device (1960)
* Overseas Service Bar
* Meritorious Unit Commendation
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* National Defense Service Medal



      _______ _   _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)                                         AR20120007009





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ABCMR Record of Proceedings (cont)                                         AR20120007009



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