IN THE CASE OF:	  

		BOARD DATE:	  15 January 2013

		DOCKET NUMBER:  AR20120011289 


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, in effect, correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for the period ending on 26 February 1969 to add the Presidential Unit Citation, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.

2.  The applicant states these awards were not added to his DD Form 214.

3.  The applicant provides:

* DD Form 214 for the period ending on 26 February 1969
* Citation for award of the Presidential Unit Citation
* Citation for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Citation for award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation
* Orders, dated 17 August 1967
* DD Form 1351-2 (Travel Voucher or Subvoucher), dated 19 August 1967

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 12 January 1949.  He held several military occupational specialties and served in a variety of stateside and overseas assignments over the course of his military career.

3.  Special Orders (SO) Number 187, issued by Headquarters, 2nd Armored Calvary, on 14 August 1950, show he qualified expert with the M-3 Sub-Machine Gun on 13 July 1950.

4.  SO Number 142, issued by Headquarters, 2nd Armored Calvary, on 18 June 1951, show he qualified marksman with the Carbine rifle.

5.  His WD AGO Form 20 (Soldier's Qualification Card) shows he qualified marksman with the .45 caliber pistol on 18 June 1951.  

6.  His DD Form 214 (Report of Separation from the Armed Forces of the United States) for the period ending on 20 October 1951 shows he was honorably discharged for immediate reenlistment.  At the time of his discharge he was assigned to Headquarters, 2nd Armored Calvary, Germany.  This form also shows he was awarded the Army of Occupation Medal with Germany clasp.

7.  He reenlisted on 21 October 1951 for a period of 6 years.  His DA Form 20 (Enlisted Qualification Record) shows he was assigned to Company A, 1st Battalion, 2nd Armored Calvary Regiment.

8.  His DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for the period ending on 20 October 1957 shows he was honorably discharged for immediate reenlistment.  At the time of his discharge he was assigned to Company A, 1st Battalion, 2nd Armored Calvary, Fort Meade, MD.  This form also shows he was awarded the Army Good Conduct Medal.

9.  He reenlisted on 21 October 1957 for a period of 6 years.  His DD Form 214 for the period ending on 20 October 1963 shows he was honorably discharged for immediate reenlistment.  This form also shows he received the:

* Army Good Conduct Medal (4th Award)
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar
* Drivers Badge

10.  His DA Form 20 (Enlisted Qualification Record) shows that SO Number 215, issued by Headquarters, 1st Reconnaissance Squad, 2nd Armored Calvary Regiment, on 15 July 1960 awarded him the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (Carbine).

11.  He reenlisted on 21 October 1963 for a period of 6 years.  His DA Form 20 shows he was assigned to Vietnam from 16 August 1967 to 8 August 1968 and served with:

* the 3rd Battalion, 47th Infantry Regiment, 9th Infantry Division from 24 August 1967 to 10 May 1968 
* the 559th Combat Support, Vietnam from 11 May 1968 to 8 August 1968

12.  His DD Form 214 for the period ending on 26 February 1969 shows he was honorably retired after completing 20 years, 1 month, and 19 days of total active service.  This form further shows he was awarded the:

* Army Good Conduct Medal (5th Award)
* Republic of Vietnam Campaign Medal with Device 1960
* Vietnam Service Medal
* National Defense Service Medal (2nd Award)
* Army Commendation Medal (2nd Award)

13.  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 3rd Battalion, 47th Infantry Regiment, 9th Infantry Division was cited for award of the:

* Presidential Unit Citation for the period 29 January 1968 through 4 March 1968, Department of the Army General Orders (DAGO) 45, 1969
* Meritorious Unit Commendation for the period 1 January 1968 through 
31 December 1968, DAGO 36, 1970
* Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 1 December 1966 through 30 June 1968, DAGO 31, 1969
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 19 December 1966 through 28 June 1969, DAGO 59, 1969

14.  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, the applicant participated in the following four campaigns:

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

15.  Army Regulation 635-5 (Separation Documents) in effect at the time, stated in effect, all decorations, service medals, campaign credits, and badges authorized.

DISCUSSION AND CONCLUSIONS:

1.  SO show he qualified as an expert with the M-3 Sub-Machine Gun on 13 July 1950.  This weapon qualification was not annotated on his DD Form 214 for the period ending on 20 October 1951 or any of his separation documents.  As a matter of clarity and equity, his last DD Form 214, ending on 26 February 1969, should be corrected to add the Expert Marksmanship Qualification Badge with Machine Gun Bar (M-3).

2.  SO show he qualified as a marksman with the Carbine rifle and .45 caliber pistol on 18 June 1951.  This weapon qualification was also not annotated on his DD Form 214 for the period ending on 20 October 1951 or any of his separation documents.  Therefore, he is entitled to correction of his DD Form 214 for the period ending on 26 February 1969 to add the Marksman Marksmanship Qualification Badge with Pistol Bar (.45 Caliber).

3.  His DA Form 20 shows he was awarded the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (Carbine) in 1960.  This badge was not listed on his DD Form 214 for the period ending on 26 February 1969 or any of his separation documents.  Therefore, he is entitled to correction of this DD Form 214 to add this badge.  

4.  His previous awards of the Army of Occupation Medal with Germany clasp and the Drivers Badge were not listed on his final DD Form 214.  Therefore, he is entitled to correction of this form to add these awards.

5.  His unit in Vietnam was cited for award of the Presidential Unit Citation, Meritorious Unit Commendation, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.  Therefore, his DD Form 214 for the period ending on 26 February 1969 should be corrected to show these unit awards.

6.  The evidence of record shows that during his service in Vietnam he participated in four campaigns.  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 service stars.

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:

	a.  deleting from his DD Form 214 the period ending on 26 February 1969 the Vietnam Service Medal; and

	b.  adding to his DD Form 214 the period ending on 26 February 1969 the:

* Army of Occupation Medal with Germany clasp
* Vietnam Service Medal with four bronze service stars
* Presidential Unit Citation 
* Meritorious Unit Commendation 
* Republic of Vietnam Gallantry Cross with Palm Unit 
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation 
* Expert Marksmanship Qualification Badge with Machine Gun Bar (M-3)
* Marksman Marksmanship Qualification Badge with Pistol Bar (.45 Caliber)
* 
Sharpshooter Marksmanship Qualification Badge with Rifle Bar (Carbine)
* Drivers Badge



      ____________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)                                         AR20120011289





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ABCMR Record of Proceedings (cont)                                         AR20120011289



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