IN THE CASE OF:	  

		BOARD DATE:  25 June 2013

		DOCKET NUMBER:  AR20120021030 


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) with an effective date of 24 July 1969 to show:

* award of the Army Commendation Medal
* his blood group as "B" instead of "A" 

2.  The applicant states his Army Commendation Medal was not included on his DD Form 214. 

3.  The applicant provides:

* Army Commendation Medal Certificate
* DD Form 214

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.  In the processing of this case the ABCMR was unable to obtain the applicant's service personnel and medical records.  This case is being considered using the documents the applicant provides and orders obtained from the Awards and Decorations Computer-Assisted Retrieval System (ADCARS), an index of general orders issued during the Vietnam era between 1965 and 1973 maintained by the Awards and Decorations Branch of the U.S. Army Human Resources Command.

3.  On 15 August 1966, he enlisted in the Regular Army.  He completed basic combat and advanced individual training and was awarded military occupational specialty 11B (Light Weapons Infantryman).

4.  ADCARS contains a copy of Headquarters, 173rd Airborne Brigade (Separate) General Orders Number 315, dated 22 January 1968, which awarded the applicant the Army Commendation Medal for meritorious service while assigned to Company B, 1st Battalion (Airborne), 503rd Infantry in the Republic of Vietnam from 15 February 1967 to 14 February 1968.

5.  On 24 July 1969, he was released from active duty.  He completed 2 years, 11 months, and 10 days of active service that was characterized as honorable.  Item 30 (Remarks) of his DD Form 214 shows his blood group as "A."  
His DD Form 214 also shows he was awarded the:

* Army of Occupation Medal (Berlin)
* Expert Marksmanship Qualification Badge with Rifle Bar
* Army Good Conduct Medal
* Parachutist Badge
* National Defense Service Medal
* Combat Infantryman Badge
* Republic of Vietnam Campaign Medal with Device (1960)
* Vietnam Service Medal

6.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists campaign participation credit, assault landing credit, unit citation emblems awarded during the Vietnam Conflict.  This pamphlet shows that, during the time of the applicant’s assignment to the 1st Battalion (Airborne), 503rd Infantry the unit was awarded the:

* Presidential Unit Citation (Army) for 6 through 23 November 1967
* Meritorious Unit Commendation (Army) for 5 May 1965 through 4 May 1967
* Republic of Vietnam Gallantry Cross with Palm Unit Citation for 5 May 1965 through 26 September 1970

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

	a.  Based on his dates of service in Vietnam, Table B-1 (Campaigns, Service Requirement, and Inscriptions Prescribed for Streamers) shows he served in:

* Vietnam Counteroffensive, Phase II Campaign (1 July 1966 - 31 May 	1967)
* Vietnam Counteroffensive, Phase III Campaign (1 June 1967 - 
	29 January 1968) 
* Tet Counteroffensive Campaign (30 January 1968 - 1 April 1968)

	b.  A bronze service star is authorized based on qualifying service for each campaign listed in Table B-1 of this regulation.  Authorized service stars will be worn on the appropriate campaign and service medal, which in this case is the Vietnam Service Medal.  

8.  Army Regulation 635-5 (Separation Documents), then in effect, stated that a service member's blood group from the Immunization Record (Standard Form 601) or the Enlisted Qualification Record (DA Form 20) was to be entered in 
Item 30 of the DD Form 214.

DISCUSSION AND CONCLUSIONS:

1.  Due to the unavailability of the applicant's service and medical records, there is insufficient evidence to make any changes to his blood group as indicated on his DD Form 214.

2.  Orders obtained from ADCARS show he was awarded the Army Commendation Medal.  Therefore, this award should be added to his 
DD Form 214.

3.  Based on his service with the 1st Battalion, 503rd Infantry, he is authorized the:

* Presidential Unit Citation (Army)
* Meritorious Unit Commendation (Army) 
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
4.  He participated in three campaigns during his service in Vietnam.  Therefore, he is authorized three bronze service stars to be worn on his Vietnam Service Medal.  

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 amending his DD Form 214 with an effective date of 24 July 1969 as follows:

	a.  Delete the Vietnam Service Medal; and

	b.  Add the:

* Army Commendation Medal
* Presidential Unit Citation (Army)
* Meritorious Unit Commendation (Army) 
* Vietnam Service Medal with 3 bronze service stars
* Republic of Vietnam Gallantry Cross with Palm Unit Citation

2.  The Board further determined that the evidence presented is 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 correction of his blood group. 



      _______ _  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)                                         AR20120021030



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ABCMR Record of Proceedings (cont)                                         AR20120021030



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