IN THE CASE OF:	  

		BOARD DATE:  19 February 2014

		DOCKET NUMBER:  AR20130010381 


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 the Air Medal (AM).

2.  The applicant states the social security number (SSN) shown on the AM orders has one incorrect digit. 

3.  The applicant provides AM orders with an associated certificate and citation.  He indicates that he provided a copy of a social security benefits statement; however, it is not available.

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.  On 10 September 1968, he was inducted into the Army of the United States.  He was awarded military occupational specialty 11B (Light Weapons Infantryman) and was advanced to the rank of specialist four/pay grade E-4.

3.  His DA Form 20 shows in: 

* item 31 (Foreign Service), he was credited with service in Vietnam from 26 March 1969 through 30 April 1970
* item 38 (Record of Assignments), he was assigned to Company B, 5th Battalion, 12th Infantry, 199th Infantry Brigade, performing duties as a rifleman and automatic rifleman during the period 7 April 1969 to 29 April 1970

4.  His record contains Special Orders Number 210, issued by 2d Basic Combat Training Brigade, dated 26 October 1968, awarding him the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16). 

5.  He provides General Orders Number 1419, issued by Headquarters, U.S. Army Vietnam, dated 23 May 1970, awarding him the AM for meritorious achievement in connection with aerial flight during the period 15 April 1969 to 25 December 1969.  The SSN listed on the orders shows the second digit as one digit off from his recorded SSN.  All other pertinent data on these orders reflects that of the applicant.

6.  He was honorably released from active duty on 3 May 1970.  He completed a total of 1 year, 7 months, and 7 days of creditable active service with 17 days of time lost.  His DD Form 214 shows he was awarded or authorized the:

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

7.  A review of his record indicates entitlement to additional awards not listed on his DD Form 214.

8.  Appendix B of Army Regulation 600-8-22 22 (Military Awards) shows the campaigns for Vietnam.  During the applicant's tour of duty in Vietnam he participated in the following three campaigns.  This same regulation states that a


bronze service star will be awarded for wear on the VSM for participation in each campaign.

* Tet 69 Counteroffensive (23 February-8 June 1969)
* Vietnam Summer-Fall 1969 (9 June 1969-31 October 1969)
* Vietnam Winter - Spring 1970 (1 November 1969-30 April 1970)

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 5th Battalion, 12th Infantry, 199th Infantry Brigade was cited for award of the:

* RVN Gallantry Cross with Palm Unit Citation for the period 19 June 1968 to 31 July 1970 by Department of the Army General Order (DAGO) Number 51, dated 1971
* RVN Civil Actions Honor Medal First Class Unit Citation for the period April 1968 to 31 August 1970 by DAGO Number 51, dated 1971

DISCUSSION AND CONCLUSIONS:

1.  He provides General Orders Number 1419, issued by Headquarters, U.S. Army Vietnam, dated 23 May 1970, awarding him the AM for the period 15 April 1969 to 25 December 1969.  The SSN listed on the orders shows the second digit as one digit off from his recorded SSN.  All other pertinent data on these orders reflects that of the applicant.  Therefore, there is no reason to doubt the authenticity of the orders.  As such, he is entitled to have the AM added to his DD Form 214 and to have this award issued to him.

2.  Special Orders Number 210 awarded him the Sharpshooter Marksmanship Qualification Badge with Rifle Bar.  Therefore, he is entitled to have his DD Form 214 corrected to show this qualification badge.

3.  His records show he was awarded the VSM.  Additionally, evidence shows he participated in three campaigns while serving in Vietnam.  Therefore, he is entitled to award of three bronze service stars to be affixed to his previously-awarded VSM.

4.  Evidence shows the applicant's unit was cited for award of the RVN Gallantry Cross with Palm Unit Citation and RVN Civil Actions Honor Medal First Class Unit Citation during his period of assignment.  Therefore, he is entitled to correction of his DD Form 214 to show these unit awards.

5.  In view of the foregoing, the applicant's records should be corrected as shown below.

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 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 the VSM from his DD Form 214;

	b.  adding to his DD Form 214 the following awards:

* AM
* VSM with three bronze service stars
* RVN Gallantry Cross with Palm Unit Citation
* RVN Civil Actions Honor Medal First Class Unit Citation
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar 

	c.  issuing these awards to him.




      _______ _  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)                                         AR20130010381



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ABCMR Record of Proceedings (cont)                                         AR20130010381



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