BOARD DATE:	  20 March 2014

		DOCKET NUMBER:  AR20130012545 


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 Bronze Star Medal, Army Commendation Medal, and any other personal or unit awards missed on his DD Form 214.

2.  The applicant states the decorations were never added at the time of his separation. 

3.  The applicant provides:

* DD Form 214
* Army Commendation Medal Certificate
* Citation and Certificate for Award of the Army Commendation Medal
* Citation and Certificate for Award of the Bronze Star Medal
* Certificate of Appreciation

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 September 1967.

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

	a.  Item 31 (Foreign Service) – service in Germany from 23 February 1968 through 25 September 1968 and Vietnam from 24 November 1968 through 
27 August 1969.

	b.  Item 38 (Record of Assignments):

*	Headquarters and Headquarters Battery, 101st Airborne Division (Artillery) from 8 December 1968 through 24 March 1969
*	Headquarters and Headquarters Battery, 2nd Battalion, 319th Artillery (Airmobile) from 25 March 1969 through 30 April 1969
*	Headquarters and Headquarters Battery, 101st Airborne Division (Artillery) from 1 May 1969 through 27 August 1969

	c.  Item 41 (Awards and Decorations):

*	National Defense Service Medal
*	Vietnam Service Medal
*	Republic of Vietnam Campaign Medal with Device (1960)
*	Sharpshooter Marksmanship Qualification Badge with Rifle Bar 
   (M-14)

4.  On 25 August 1969, Headquarters, 101st Airborne Division (Airmobile), issued:  

* General Orders Number 11194 awarding him the Army Commendation Medal for the period 3 December 1968 to 3 April 1969
* General Orders Number 11195 awarding him the Bronze Star Medal for the period 3 December 1968 to 3 August 1969

5.  On 28 August 1969, he was honorably released from active duty and transferred to the U.S. Army Reserve Control Group (Annual Training).  His DD Form 214 shows he completed 1 year, 11 months, and 18 days of creditable active military service.  His DD Form 214 also shows award of the:
* National Defense Service Medal
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)

6.  Army Regulation 600-8-22 (Military Awards) states a bronze service star is worn on the appropriate service ribbon for each credited campaign, to include the Vietnam Service Medal.  The Vietnam campaigns are listed in appendix B.  His record shows his service in Vietnam coincided with three campaigns:

* Vietnam Counteroffensive Phase VI (2 November 1968 – 22 February 1969)
* Tet 69 Counteroffensive (23 February 1969 – 8 June 1969)
* Vietnam Summer-Fall 1969 (9 June 1969 – 31 October 1969)

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 101st Airborne Division was cited for award of the:

* Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 19 July 1968 to 14 May 1969 by Department of the Army GO (DAGO) Number 43, dated 1970
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 18 March 1968 to 2 May 1970, by DAGO Number 48, dated 1971

DISCUSSION AND CONCLUSIONS:

1.  General orders awarded the applicant the Army Commendation Medal and the Bronze Star Medal; therefore, he is entitled to correction of his DD Form 214 to show these awards.

2.  The applicant was awarded the Vietnam Service Medal and he served in Vietnam during three campaigns; therefore, he is entitled to correction of his 
DD Form 214 to show this award with three bronze service stars.

3.  He was assigned to a unit in Vietnam during a period for which 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.  He is entitled to correction of his DD Form 214 to show these unit awards.

4.  The evidence of record shows that the applicant was awarded the Sharpshooter Marksmanship Qualification Badge with Rifle Bar; therefore, he is entitled to correction of his DD Form 214 to show this badge.

BOARD VOTE:

__X____  ____X____  __X______  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that 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 amending his DD Form 214 as follows:

	a.  Removing the Vietnam Service Medal from his DD Form 214.

	b.  Adding the following to his DD Form 214:

		*	Bronze Star Medal
		*	Army Commendation Medal
		*	Vietnam Service Medal with three bronze service stars
		*	Republic of Vietnam Gallantry Cross with Palm Unit Citation
   *	Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation
   *	Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)



      __________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)                                         AR20130012545



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ABCMR Record of Proceedings (cont)                                         AR20130012545



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