IN THE CASE OF:	  

		BOARD DATE:	  26 November 2013

		DOCKET NUMBER:  AR20130005213 


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) to reflect all of the medals he earned in the service from October 1968 to April 1972.  He also requests correction of his records to show he held military occupational specialty (MOS) 11H (Heavy Anti-armor Weapons Infantryman) in addition to MOS 11B (Light Weapons Infantryman).

2.  The applicant states he held MOS 11H in addition to MOS 11B.  He states he has certificates for three Army Commendation Medals and achievement.  He doesn't have documentation for the Presidential Unit Citations for the two units he served with.

3.  The applicant provides:

* DD Form 214 effective 14 January 1970
* DD Form 214 effective 28 April 1972
* three Army Commendation Medal Certificates
* Certificate of Achievement, dated 27 March 1972
* letter from the National Personnel Records Center (NPRC), St. Louis, MO, dated 18 February 2013

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 ABCMR was unable to obtain the applicant's complete military personnel service records from the NPRC.  However, there were sufficient documents available for the Board to conduct a fair and impartial review of this case.

3.  On 14 October 1968, he enlisted in the Regular Army.  He completed basic combat and advanced individual training and was awarded MOS 11B.

4.  Headquarters, 173d Airborne Brigade, General Order Number 197, dated 30 January 1970, awarded the applicant the Army Commendation Medal for meritorious achievement during the period 12 May 1969 to 12 November 1969 while serving with Company C, 3d Battalion (Airborne), 503d Infantry.

5.  On 14 January 1970, he was honorably discharged for immediate reenlistment on 15 January 1970.  He completed 1 year, 3 months, and 1 day of active service.  His DD Form 214 for this period shows:

	a.  his MOS as 11B;

	b.  he was discharged at Phu Tai, Vietnam, and his last duty assignment was Company C, 3d Battalion, 503d Infantry, 173d Airborne Brigade; and

	c.  he was awarded or authorized the:

* National Defense Service Medal
* Parachutist Badge
* Vietnam Service Medal
* Combat Infantryman Badge
* Republic of Vietnam Campaign Medal with Device (1960)

6.  His DD Form 4 (Enlistment Contract – Armed Forces of the United States), dated 15 January 1970, shows he reenlisted on that date for Army Career Group Number 70 (Clerical).  Headquarters, 173d Airborne Brigade Special Orders Number 13, dated 13 January 1970, shows he reenlisted for Army Career Group Number 70 on 15 January 1970 and was reassigned to the 516th Personnel Service Company (PSC).

7.  Headquarters, U.S. Army Support Command, Da Nang, General Orders Number 545, dated 19 November 1970, awarded him the Army Commendation Medal with 1st Oak Leaf Cluster for meritorious achievement during the period May 1970 to October 1970 while assigned to the 516th PSC.  Headquarters, U.S. Army Support Command, Da Nang, General Orders Number 591, dated 17 December 1970, awarded him the Army Commendation Medal with 2nd Oak Leaf Cluster for meritorious service during the period November 1969 to November 1970 while assigned to the 516th PSC.

8.  On 28 April 1972, he was honorably released from active duty.  He completed 2 years, 3 months, and 14 days of active service with 26 days of lost time.  His DD Form 214 for this period shows:

	a.  his last duty assignment was the 516th PSC, U.S. Army Vietnam;

	b.  his MOS as 71B (Clerk Typist);

	c.  his service in the Republic of Vietnam from 18 September 1971 to 26 April 1972; and

	d.  he was awarded or authorized the:

* National Defense Service Medal
* Army Good Conduct Medal (1st Award)
* Republic of Vietnam Campaign Medal with Device (1960)
* Army Commendation Medal
* Vietnam Service Medal

9.  There are no orders in his available records awarding him MOS 11H.

10.  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.

	a.  Neither of the units to which the applicant was assigned is shown to have been awarded the Presidential Unit Citation.


	b.  The 3d Battalion, 503d Infantry, was awarded the:

* Republic of Vietnam Gallantry Cross with Palm Unit Citation (22 October 1967-26 September 1970)
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation (15 April 1969-16 March 1972)

	c.  The 516th PSC was awarded the:

* Meritorious Unit Commendation (1 January 1970-30 April 1971)
* Meritorious Unit Commendation (1 May 1971-27 August 1972)

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

	a.  Table B-1 (Campaigns, Service Requirement, and Inscriptions Prescribed for Streamers) includes, in part, the following campaigns:

* Tet 69 Counteroffensive 1969 (23 February-8 June 1969)
* Vietnam Summer-Fall 1969 (9 June-31 October 1969)
* Vietnam Winter-Spring 1970 (1 November 1969-30 April 1970)
* Sanctuary Counteroffensive (1 May-30 June 1970)
* Vietnam Counteroffensive Phase VII (1 July 1970-30 June 1971)
* Consolidation I (1 July-30 November 1971)
* Consolidation II (1 December 1971-29 March 1972)
* Vietnam Cease-Fire (30 March 1972-28 January 1973)

	b.  The award of a bronze service star is authorized based on qualifying service for each campaign listed in Table B-1.  A silver service star is worn in lieu of five bronze service stars.  Authorized service stars will be worn on the appropriate campaign and service medal, including the Vietnam Service Medal.

DISCUSSION AND CONCLUSIONS:

1.  His available records contain orders for three awards of the Army Commendation Medal.  Therefore, his DD Form 214 for the period ending 28 April 1972 should reflect three awards of the Army Commendation Medal.

2.  His DD Form 214 with an effective date of 14 January 1970 shows he was awarded the Parachutist Badge and the Combat Infantryman Badge.  Therefore, these awards should also be shown on his DD Form 214 with an effective date of 28 April 1972.

3.  Due to the unavailability of his complete military personnel records, his exact dates of service to assigned units in the Republic of Vietnam were not available.  However, using the available documents, the following determinations were made.

	a.  Based on his orders for the award of the Army Commendation Medal, dated 30 January 1970, and the place of his discharge shown on his DD Form 214 with an effective date of 14 January 1970, he was assigned to the 3d Battalion (Airborne), 503d Infantry, from 12 May 1969 to 14 January 1970.

		(1)  He was assigned to this unit during the period it was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation and Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.  Therefore, he is authorized these unit awards.

		(2)  During this period he participated in three campaigns.

	b.  Based on his reenlistment orders, dated 13 January 1970, and his orders for the second and third awards of the Army Commendation Medal, dated 19 November 1970 and 17 December 1970, he was assigned to the 516th PSC from 15 January 1970 to November 1970.

		(1)  He was assigned to this unit during the period it was awarded the Meritorious Unit Commendation.  Therefore, he is authorized this unit award.

		(2)  During this period he participated in two additional campaigns.

	c.  Based on entries on his DD Form 214 for the period ending 28 April 1972, he was assigned to the 516th PSC in the Republic of Vietnam from 18 September 1971 to 26 April 1972.

		(1)  He was assigned to this unit during the period it was awarded the Meritorious Unit Commendation.  Therefore, he is authorized this unit award.

		(2)  During this period he participated in three campaigns.

	d.  In view of the above, he participated in a total of eight campaigns during his service in the Republic of Vietnam.  Therefore, he is authorized one silver service star and three bronze service stars to be worn on his Vietnam Service Medal.

4.  There is no evidence in his available records showing he was awarded MOS 11H.

5.  Department of the Army Pamphlet 672-3 does not show the 3d Battalion (Airborne), 503d Infantry, or the 516th PSC was awarded the Presidential Unit Citation.

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 amending his DD Form 214 for the period ending 28 April 1972 as follows:

	a.  deleting award of the Vietnam Service Medal and

	b.  adding the following awards:

* Army Commendation Medal (3rd Award)
* Vietnam Service Medal with one silver service star and three bronze service stars
* Meritorious Unit Commendation (2nd Award)
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation
* Combat Infantryman Badge
* Parachutist Badge

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 MOS 11H and award of the Presidential Unit Citation.



      _______ _   _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)                                         AR20130005213



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20130005213



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1