IN THE CASE OF:	  

		BOARD DATE:	    30 April 2014

		DOCKET NUMBER:  AR20130015812 


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 (Report of Transfer or Discharge) to show his last duty assignment as the 5th Infantry Division and to list all his awards.

2.  The applicant states he was awarded the Bronze Star Medal, Army Commendation Medal, Good Conduct Medal, and the Combat Medical Badge by the 1st Brigade, 5th Infantry Division.

3.  The applicant provides copies of the orders.

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 14 November 1969, the applicant enlisted in the Regular Army.  He completed initial training, basic airborne training, and was awarded military occupational specialty (MOS) 91A1P as a parachute-qualified medical aidman. 

3.  His DA Form 20 (Enlisted Qualification Record) shows in item 38 (Record of Assignments) service in Vietnam – 

* from 23 September 1970 to 4 May 1971 as a medical aidman with Company B, 75th Support Battalion, 1st Brigade, 5th Infantry Division
* from 5 May to 4 August 1971 as an ambulance orderly with Company B, 75th Support Battalion, 1st Brigade, “6th” Infantry Division

	b.  item 41 (Awards and Decorations) – 

* National Defense Service Medal
* Parachutist Badge
* Vietnam Service Medal
* Sharpshooter Marksmanship Qualification Badge with Rifle (M-14) Bar

4.  1st Brigade, 5th Infantry Division general orders awarded him the – 

* Bronze Star Medal on 14 July 1971
* Army Commendation Medal on 23 July 1971
* Army Good Conduct Medal on 20 April 1971

5.  1st Brigade, 5th Infantry Division special orders awarded him the Combat Medical Badge on 8 May 1971.

6.  On 5 August 1971, the applicant was honorably released from active duty.  His DD Form 214 shows the same authorized awards as his DA Form 20.

7.  Army Regulation 600-8-22 (Military Awards) states 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.  A bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.  Campaign periods for service stars that coincide with the applicant's tour of duty are – 

* Vietnam Counteroffensive Phase VII (1 July 1970 - 30 June 1971)
* Consolidation I (1 July - 30 November 1971)



8.  Army Regulation 600-8-22 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.  Army Pamphlet 672-3 (Citation and Campaign Credit Participation Register)
shows the 75th Support Battalion was authorized the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 8 February through 30 April 1971 and the Republic of Vietnam Civil Action Honor Medal First Class Unit Citation for 30 October 1970.

10.  Internet searches reveal no connection between the 75th Support Battalion and the 6th Infantry Division.  The 6th Infantry Division was deactivated in 1968 and did not serve in Vietnam.

DISCUSSION AND CONCLUSIONS:

1.  Orders show the 1st Brigade. 5th Infantry Division awarded the applicant the Bronze Star Medal, Army Commendation Medal, Good Conduct Medal, and the Combat Medical Badge, all after his DA Form 20 shows he was transferred to the same 75th Support Battalion with the “6th” Infantry Division.

2.  There is no evidence that the applicant's unit was transferred to a 6th Infantry Division in May 1971.  That entry in his DA Form 20 was erroneous and unfortunately carried forward onto his DD Form 214.  That entry on the DD Form 214 should be corrected.

3.  The applicant served in Vietnam during two designated campaign periods and is authorized to wear two bronze service stars on the Vietnam Service Medal.  He is also eligible for the Republic of Vietnam Campaign Medal with Device (1960).

4.  The applicant's unit was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Action Honor Medal First Class Unit Citation.

5. The above awards should be added to his DD Form 214.



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 by:

	a.  changing item 12 (Last Duty Assignment and Major Command) to read "5th Inf Div" vice "6th” Inf Div; and                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                              

	b.  adding to item 24 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) – 

* Bronze Star Medal
* Army Commendation Medal
* Army Good Conduct Medal (1st Award)
* Combat Medical Badge
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Action Honor Medal First Class Unit Citation
* two bronze service stars for wear on the Vietnam Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)



      _______ _   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)                                         AR20130015812





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ABCMR Record of Proceedings (cont)                                         AR20130015812



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