IN THE CASE OF:	  

		BOARD DATE:	  11 June 2014

		DOCKET NUMBER:  AR20130018056 


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 his award of the Bronze Star Medal, Air Medal, Army Commendation Medal, and Combat Infantryman Badge 

2.  He states they are not listed on his DD Form 214.

3.  He provides award certificates for the Air Medal, Bronze Star Medal, and Army Commendation Medal, and orders awarding him the Combat Infantryman Badge.

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 on 17 September 1969.  At the completion of basic combat and advanced individual training, he was awarded military occupational specialty 11B (Light Weapons Infantryman).

3.  He served in Vietnam from 23 February 1970 to 3 January 1971 while assigned to Troop C, 3rd Squadron, 17th Air Cavalry.

4.  His service record contains the following orders:

	a.  Headquarters, 1st Aviation Brigade, General Orders Number 10221, dated 15 October 1970, awarding him  the Air Medal for meritorious achievement while participating in aerial flight from 2 March to 20 April 1970.

	b.  General Orders Number 661 issued by the same headquarters, dated 
29 January 1971, awarding him the Army Commendation Medal for meritorious achievement in connection with military operations against a hostile force from 
15 July 1970 to 15 December 1971.

	c.  General Orders Number 258 issued by Headquarters, 1st Infantry Brigade, 5th Infantry Division (Mechanized), dated 6 March 1971, awarding him  the Bronze Star Medal for meritorious service in connection with military operations against a hostile force from February 1970 to February 1971.

5.  He provided Special Orders Number 253, issued by the Headquarters, U.S Army Vietnam dated 10 September 1970, awarding him the Combat Infantryman Badge.

6.  He was honorably released from active duty on 2 September 1971.  He completed 1 year, 11 months, and 16 days of total active service.  His DD Form 214 shows he was awarded or authorized the:

* National Defense Service Medal
* Vietnam Service Medal with two bronze service stars
* Republic of Vietnam Campaign Medal with Device (1960)
* One Overseas Service Bar
* Army Good Conduct Medal (1st Award)
* Marksman Marksmanship Qualification Badge with Rifle (M-14) Bar 
* Sharpshooter Marksmanship Qualification Badge with Rifle (M-16) Bar 
* Expert Marksmanship Qualification Badge with Machine Gun Bar (M-60)

7.  Army Regulation 600-8-22 (Military Awards) states a bronze service star is worn on the appropriate service ribbon, to include the Vietnam Service Medal, for each credited campaign.  Appendix B shows that during his service in Vietnam, he participated in the following three campaigns:

* 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)

8.  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 3rd Squadron, 17th Air Cavalry was cited for award of the Republic of Vietnam Civil Action Honor Medal First Class Unit Citation for the period  May 1969 through 15 May 970 by Department of the Army General Orders (DAGO) Number 55, dated 1971.

9.  DAGO Number 8, dated 1974, announced award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to Headquarters, U.S. Army Vietnam, and its subordinate units, during the period 20 July 1965 to 28 March 1973.

DISCUSSION AND CONCLUSIONS:

1.  Orders show the applicant was awarded the Air Medal, Army Commendation Medal, Bronze Star Medal, and Combat Infantryman Badge.  Therefore, these awards should be added to his DD Form 214.

2.  The applicant's DD Form 214 shows he was awarded the Vietnam Service Medal with two bronze service stars.  However, he participated in three campaign phases during the Vietnam Conflict.  Therefore, he is entitled to three bronze service stars for wear on his already-awarded Vietnam Service Medal.

3.  All units in Vietnam were cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation during the applicant's period of service in Vietnam.  The applicant's unit was also cited for award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation during his period of assignment. Therefore, his DD Form 214 should be corrected to show these unit awards.









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:

	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
* Army Commendation Medal
* Bronze Star Medal
* Combat Infantryman Badge
* 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



      _______ _   _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)                                         AR20130018056





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ABCMR Record of Proceedings (cont)                                         AR20130018056



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