IN THE CASE OF:	  

		BOARD DATE:	  13 March 2014

		DOCKET NUMBER:  AR20130011346 


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 award of the Air Medal.

2.  He states:

* he was awarded the Air Medal
* it was not annotated on his DD Form 214
* he received the certificate for the Air Medal after he was discharged, but it was lost over the years

3.  He provides no supporting documents.

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 into the Army of the United States on 11 June 1969.  He served in Vietnam from 11 November 1969 to 26 October 1970.

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

	a.  item 38 (Record of Assignments) he was assigned to:

		(1)  Company C, 4th Battalion, 21st Infantry Regiment, 11th Brigade from 29 November to 18 December 1969, as excess personnel; and 

		(2)  Company E, 4th Battalion, 21st Infantry Regiment, 11th Brigade from 18 December 1969 to 26 October 1970, as a scout observer.

	b.  item 41 (Awards and Decorations) shows award of the National Defense Service Medal, Vietnam Service Medal, Combat Infantryman Badge, Republic of Vietnam Campaign Medal with "1960" Device, Good Conduct Medal, Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16), and Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14).  

4.  A review of 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 Military Awards Branch of the U.S. Army Human Resources Command, revealed:

	a.  General Orders Number 13978 issued by Headquarters, Americal Division, dated 20 October 1970, which show he was awarded the Bronze Star Medal for meritorious service in connection with military operations against a hostile force from November 1960 to November 1970; and

	b.  General Orders Number 94 issued by Headquarters, 23d Infantry Division, dated 5 January 1971, which show he was awarded the Air Medal for the period 21 December 1969 to 12 September 1970.

5.  He was honorably released from active duty on 10 June 1971 and transferred to the U.S. Army Reserve (Reinforcement) to complete his remaining Reserve obligation.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of the DD Form 214 shows he was awarded the National Defense Service Medal, Vietnam Service Medal with two bronze service stars, Republic of Vietnam Campaign Medal, Combat Infantryman Badge, Good Conduct Medal, and Sharpshooter Marksmanship Qualification Badge with Rifle Bar.  

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

	a.  The Vietnam Service Medal is awarded to all members of the Armed Forces of the United States for qualifying service in Vietnam after 3 July 1965 through 28 March 1973.  Qualifying service included attachment to or assignment for 1 or more days with an organization participating in or directly supporting military operations.

	b.  A bronze service star is authorized with the Vietnam Service Medal for each Vietnam campaign a member is credited with participating in.  Appendix B shows during his service in Vietnam participation credit was awarded for the following campaigns:

* Vietnam Summer-Fall 1969 (1 November 1969 - 30 April 1970)
* Sanctuary Counteroffensive (1 May - 30 June 1970)
* Vietnam Counteroffensive, Phase VII, (1 July 1970 to 30 June 1971)

7.  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 unit to which the applicant was assigned was cited for award of the Republic of Vietnam (RVN) Gallantry Cross with Palm Unit Citation for the period 24 August to 31 December 1969 by Department of the Army General Orders Number 42, dated 1972.

DISCUSSION AND CONCLUSIONS:

1.  General orders show the applicant was awarded the Air Medal and Bronze Star Medal during the tenure of his assignment.  Therefore, he is entitled to have his DD Form 214 corrected to show the awards.

2.  General orders show his unit was awarded the RVN Gallantry Cross with Palm Unit Citation.  Therefore, he is entitled to have his DD Form 214 corrected to shows this unit award.

3.  Records show the applicant participated in three campaigns during his service in the RVN.  Therefore, he is entitled to three bronze service stars for his already-awarded Vietnam Service Medal.

4.  Records show the applicant qualified sharpshooter with both the M-14 and 
M-16 rifle.  Therefore, his DD Form 214 should be corrected to show award of the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14) and Sharpshooter Marksmanship Qualification Badge with Automatic Rifle Bar 
(M-16).
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 Vietnam Service Medal with two bronze service stars; and

	b.  adding to his DD Form 214 the:

* Air Medal 
* Bronze Star Medal 
* Vietnam Service Medal with three bronze service stars
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)
* Sharpshooter Marksmanship Qualification Badge with Automatic Rifle Bar (M-16)




      _____________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)                                         AR20130011346





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ABCMR Record of Proceedings (cont)                                         AR20130011346



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