IN THE CASE OF:	  

		BOARD DATE:  25 OCTOBER 2012

		DOCKET NUMBER:  AR20120008041 


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 service in the Republic of Vietnam (RVN) with the 1st Battalion, 50th Infantry Regiment, as well as award of the:

* Purple Heart 
* Army Commendation Medal
* Air Medal
* RVN Gallantry Cross with Palm Unit Citation
* Army Good Conduct Medal 

2.  The applicant states he needs to ensure his record is complete and accurate in order to obtain veterans benefits.

3.  The applicant provides:

* DD Form 214
* General Orders Number 5362, issued by Headquarters, 1st Cavalry Division (Airmobile), dated 20 June 1968
* General Orders Number 6996, issued by the same headquarters, dated
1 July 1968
* General Orders Number 1873, issued by Headquarters, 173rd Airborne Brigade, dated 9 July 1968


* General Orders Number 2063, issued by the same headquarters, dated
5 August 1968
* Special Orders Number 244, issued by Headquarters, U.S. Army Personnel Center, Fort Lewis, WA, dated 31 August 1968
* DA Form 1811 (Physical and Mental Status on Release from Active Service), dated 31 August 1968
* Purple Heart Certificate, dated 20 October 1968
* Army Commendation Certificate, dated 10 August 1968
* Air Medal Certificate, dated 16 January 1968
* RVN Certificate of Service for the period September 1967 to August 1968

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 requested that his service in the RVN with the 1st Battalion, 50th Infantry Regiment, as well as award of the Army Commendation Medal, Air Medal, and the Army Good Conduct Medal be added to his DD Form 214.  His DD Form 214 shows in:

* item 12 (Last Duty Assignment and Major Command) the entry "CO A 1ST BN (M) 50TH INF 173 ABN BDE APO 96250  USARV" indicating his last duty assignment was with Company A, 1st Battalion (Mechanized),
50th Infantry, 173rd Airborne Brigade in U.S. Army, Vietnam
* item 24 (Decorations, Medals Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) the:

* "ACM" – Army Commendation Medal
* "AM" – Air Medal
* "GCMDL" – Army Good Conduct Medal

Therefore this portion of the applicant's request will not be discussed further in these Proceedings.
3.  The applicant was inducted into the Army of the United States on
13 September 1966.  He completed training and he was awarded military occupational specialty (MOS) 11C (Infantry Indirect Fire Crewman).  The highest rank/grade he attained during this period of service was sergeant (SGT)/E-5.  He served in the RVN from 1 September 1967 to 31 August 1968 while assigned to Company A, 1st Battalion, 50th Infantry Regiment, 1st Cavalry Division (Airmobile).

4.  Special Orders Number 18, issued by Headquarters, 2d Armored Division, Fort Hood, TX, dated 18 January 1967, awarded him the Expert Marksmanship Qualification Badge with Machinegun Bar (M-60).

5.  Special Orders Number 131, issued by the same headquarters, dated 11 May 1967, awarded him the Expert Marksmanship Qualification Badge with Rifle Bar (M-14).

6.  Special Orders Number 200, issued by same headquarters, dated 19 July 1967, awarded him the Expert Marksmanship Qualification Badge with Grenade Bar.

7.  On 31 August 1968, he was honorably released from active duty as an overseas returnee and he was transferred to the U.S. Army Reserve (USAR) Control Group (Annual Training) to complete his remaining service obligation.  He completed 1 year, 11 months, and 19 days of total active service.  The
DD Form 214 he was issued at the time shows in item 24 the:

* National Defense Service Medal
* Army Good Conduct Medal
* Expert Marksmanship Qualification Badge with Rifle Bar (M-16)
* Vietnam Service Medal
* RVN Campaign Medal with Device (1960)
* 2 Overseas Service Bars
* Bronze Star Medal with oak leaf cluster
* Air Medal
* Army Commendation Medal
* Combat Infantryman Badge

8.  General Orders Number 2623, issued by Headquarters, 173rd Airborne Brigade, dated 17 October 1968, awarded him the Purple Heart for wounds received in connection with military operations against a hostile force in the RVN on 21 November 1967.


9.  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 1st Battalion, 50th Infantry Regiment,
1st Cavalry Division (Airmobile) was cited for award of the RVN Gallantry Cross with Palm Unit Citation for the period 5 April 1968 through 6 October 1969 by Department of the Army General Order (DAGO) Number 51, dated 1971.

10.  Army Regulation 600-8-22 (Military Awards), paragraph 2-13, contains the regulatory guidance on the Vietnam Service Medal.  It states that a bronze service star is authorized with this award for each Republic of Vietnam campaign a member is credited with participating in.  Appendix B shows that during his service in the Republic of Vietnam, the applicant participated in the following four campaigns:

* Vietnam Counteroffensive Phase III (1 June 1967 - 29 January 1968)
* Tet Counteroffensive (30 January - 1 April 1968)
* Vietnam Counteroffensive Phase IV (2 April - 30 June 1968)
* Vietnam Counteroffensive Phase V (1 July - 1 November 1968)

DISCUSSION AND CONCLUSIONS:

1.  General orders awarded him the Purple Heart for wounds received in connection with military operations against a hostile force in the RVN on
21 November 1967.  Therefore, his DD Form 214 should be corrected to show this award.

2.  Special orders awarded him the Expert Marksmanship Qualification Badge with Machinegun Bar (M-60), Expert Marksmanship Qualification Badge with Rifle Bar (M-14), and the Expert Marksmanship Qualification Badge with Grenade Bar.  Therefore, his DD Form 214 should be corrected to show these weapons qualification badges.

3.  The applicant's unit in the RVN was cited for award of the RVN Gallantry Cross with Palm Unit Citation during his period of assignment.  Therefore, his
DD Form 214 should be corrected to show this unit award.

4.  Records show the applicant participated in four campaigns during his service in the RVN.  Therefore, he is entitled to four bronze service stars for wear on his already-awarded Vietnam Service Medal and correction of his DD Form 214 to show these bronze service stars.


BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

___X____  ____X __  ____X___  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:

	a.  deleting from his DD Form 214 the Vietnam Service Medal; and

	b.  adding to his DD Form 214 the:

* Purple Heart
* Vietnam Service Medal with 4 bronze service stars
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Expert Marksmanship Qualification Badge with Machinegun Bar (M-60)
* Expert Marksmanship Qualification Badge with Rifle Bar (M-14)
* Expert Marksmanship Qualification Badge with Grenade Bar



      _______ _   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)                                         AR20120008041



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ABCMR Record of Proceedings (cont)                                         AR20120008041



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