IN THE CASE OF: 

		BOARD DATE:  15 October 2013

		DOCKET NUMBER:  AR20130003587


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 authorized awards. He further requests issuance of the awards. 

2.  The applicant states that he never received the awards that he earned for his service in Vietnam.

3.  The applicant provides copies of his: 

* Air Medal orders, certificate and citation
* Bronze Star Medal orders and certificate
* Army Commendation Medal with "V" Device orders and certificate
* Combat Infantryman Badge orders
* Army Commendation Medal certificate and citation (1 September 1970 to 31 January 1971)
* Army Commendation Medal orders, certificate and citation (1 October 1970 to 28 February 1971)
* Brave Eagle Coin memorandum

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 on 5 May 1969.  He held military occupational specialty 11B (Light Weapons Infantryman).

3.  His DA Form 20 (Enlisted Qualification Record) shows in:

	a.  item 38 (Record of Assignments) that he was assigned to the 3d Battalion, 187th Infantry, in Vietnam, from 10 November 1970 through 22 April 1971; and

	b.  item 41 (Awards and Decorations):

* Bronze Star Medal
* Army Commendation Medal with "V" Device
* Army Commendation Medal
* Air Medal
* Vietnam Service Medal
* Second Class Gunner Badge with Machinegun Bar
* Marksman Marksmanship Qualification Badge with Rifle Bar

4.  The applicant's DD Form 214 shows he was honorably released from active duty on 28 April 1971, as a specialist four/E-4.  He had completed 1 year, 
11 months, and 24 days of active duty service.  

5.  His DD Form 214 shows his authorized awards as the:

* National Defense Service Medal
* Bronze Star Medal
* Army Commendation Medal with "V" Device
* Air Medal
* Vietnam Service Medal
* Marksmanship Qualification Badge with Rifle Bar (M-16)
* Second Class Gunner Marksmanship Qualification Badge with Machinegun Bar

6.  His record contains a copy of General Orders Number 1696, Headquarters, 101st Airborne Division (Airmobile), dated 24 February 1971, showing he was awarded the Army Commendation Medal for meritorious achievement from 
1 September 1970 to 31 January 1971.

7.  He provided copies of:

* Air Medal orders, certificate and citation for 28 July to 31 December 1970
* Bronze Star orders and certificate for 1 May 1970 to 31 January 1971
* Army Commander Medal with "V" Device orders and certificate for 
16 November 1970 
* Combat Infantryman Badge orders
* Army Commendation Medal Certificate and Citation for 1 September 1970 to 3 January 1971
* Army Commendation Medal orders, certificate and citation for 1 October 1970 to 28 February 1971
* Headquarters, 101st Airborne Division (Airmobile) letter, Subject:  Brave Eagle Coin

8.  Army Regulation 600-8-22 (Military Awards):

	a.  contains the regulatory guidance for the Vietnam Service Medal.  It states a bronze service star is authorized with this award for each Vietnam campaign.  During his service in Vietnam, the applicant participated in the following two campaigns:  

* Sanctuary Counteroffensive                     1 May - 30 June 1970
* Vietnam Counteroffensive Phase VII       1 July 1970 - 30 June 1971

	b.  states 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.  

9.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in the Republic of Vietnam.  This pamphlet shows that the 3d Battalion, 187th Infantry was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 1 March-9 October 1971 by Department of the Army General Orders Number (DAGO) 6, dated 1974.



DISCUSSION AND CONCLUSIONS:

1.  In addition to the awards posted to his DD Form 214, general orders show the applicant was awarded two other Army Commendation Medals and special orders show he was awarded the Combat Infantryman Badge.

2.  He also participated in two campaign periods during his service in the Vietnam.  Therefore, he is entitled to two bronze service stars for wear on his already-awarded Vietnam Service Medal.

3.  The applicant served during a qualifying period for the Republic of Vietnam Campaign Medal with Device (1960).  

4.  During the applicant's service in Vietnam his unit was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation. 

5.  His DD Form 214 should be corrected to show these awards.

6.  The applicant requests issuance of his medals.  Service medals and awards are not issued by the Army Board for Correction of Military Records (ABCMR).  However, the applicant may obtain his medals by submitting his request in writing to:  National Personnel Records Center, ATTN: Army Reference Branch, 
1 Archives Drive, St. Louis, Missouri  63138.  

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____X___  ____X___  ___X__ _  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined the evidence presented is 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 adding the following awards to his DD Form 214:

* Army Commendation Medal (3d Award)
* Combat Infantryman Badge
* two bronze service stars for wear on his already-awarded Vietnam Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* Republic of Vietnam Gallantry Cross with Palm Unit Citation

2.  The Board further determined 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 issuing him the medals and badges.



      _______ _  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)                                         AR20100025029



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ABCMR Record of Proceedings (cont)                                         AR20130003587



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