IN THE CASE OF:	  

		BOARD DATE:	  15 July 2014

		DOCKET NUMBER:  AR20130018915 


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) for the period ending 11 May 1972 to show award of the:

* Drill Sergeant Identification Badge instead of "DI Badge"
* Valorous Unit Award

2.  The applicant states:

* he was awarded the Drill Sergeant Identification Badge at Fort Dix, NJ, in 1970
* he was reissued all of his awards and decorations and received a Diver Badge instead of the Drill Sergeant Identification Badge
* his DD Form 214 for the period ending 11 May 1972 shows the entry "DI Badge" and should read "Drill Sgt Badge"
* he earned the Valorous Unit Award for the period 1 May 1970 to 29 June 1970 while serving with C Troop, 1st Squadron, 11th Armored Cavalry Regiment in the Republic of Vietnam and it is not shown in his records
* he left the theater of operations before the citation could be added to his records

3.  The applicant provides:

* 2 self-authored letters
* 2 DD Forms 214
* record extracts
* letter from the National Personnel Records Center, St. Louis, MO, dated 11 June 2004
* Department of the Army General Orders (DAGO) Number 43, dated 29 November 1972

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 enlisted in the Regular Army on 12 November 1968.

3.  He served in Vietnam during the period 8 July 1969 through 7 July 1970.  While in Vietnam, he was assigned as follows:

* Company D, 2nd Battalion, 22nd Infantry, 25th Infantry Division from 13 July 1969 to 12 December 1969
* Company B, 2nd Battalion, 22nd Infantry, 25th Infantry Division from 13 December 1969 to 14 January 1970
* C Troop, 1st Squadron, 11th Armored Cavalry Regiment from 15 January 1970 to 4 July 1970 (interrupted by periods in a patient status from 12 April 1970 to 26 May 1970 and from 29 May 1970 to 9 June 1970)

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

* Item 22 (Military Occupational Specialty (MOS)) – primary MOS 00F4O "Drill Sgt," 18 November 1970

* Item 41 (Awards and Decorations):

* National Defense Service Medal
* Vietnam Service Medal
* Bronze Star Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* 2 Overseas Service Bars
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar 

* Item 38 (Record of Assignments) – "Drill Sgt" from 17 August 1970 to 10 May 1972

5.  Special Orders Number 113, issued by Headquarters, 3rd Basic Combat Training Brigade, U.S. Army Training Center, Infantry, and Fort Dix, Fort Dix, NJ, dated 11 June 1971, awarded the applicant the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16).

6.  On 11 May 1972, the applicant was discharged with service characterized as under honorable conditions.  He completed 3 years, 4 months, and 27 days of creditable active military service and he had 33 days of lost time.  His DD Form 214 shows award of the:

* National Defense Service Medal
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* Bronze Star Medal
* 2 Overseas Service Bars
* "DI Badge"

7.  DAGO Number 43, dated 29 November 1972, awarded the 1st Squadron, 11th Armored Cavalry the Valorous Unit Award for the period 1 May 1970 to 29 June 1970.

8.  On 6 August 2013, a DD Form 215 (Correction to DD Form 214) was issued to the applicant correcting his DD Form 214 for the period ending 11 May 1972 by adding the:

* Army Commendation Medal
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation

9.  Army Regulation 600-8-22 (Military Awards) states a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each credited campaign.  The Vietnam campaigns are listed in appendix B.  His record shows his service in Vietnam coincided with four campaigns:

* Vietnam Summer Fall 1969 (9 June 1969 – 31 October 1969)
* Vietnam Winter Spring 1970 (1 November 1969 – 30 April 1970)
* DA Sanctuary Counteroffensive (1 May 1970 – 30 June 1970)
* Vietnam Counteroffensive Phase VII (1 July 1970 – 30 June 1971)

10.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It establishes standardized policy for the preparation of the DD Form 214.  The version in effect at the time stated for item 24 to enter all enter all decorations, service medals, campaign credits, and badges awarded or authorized.

DISCUSSION AND CONCLUSIONS:

1.  Records show the applicant served with a unit that was cited for award of the Valorous Unit Award; therefore, he is entitled to correction of his DD Form 214 for the period ending 11 May 1972 to show this unit award.

2.  The applicant's participation in four campaigns during his service in Vietnam that entitles him to four bronze service stars for wear on his already-awarded Vietnam Service Medal.  Therefore, his DD Form 214 for the period ending 
11 May 1972 should be corrected to show these bronze service stars.

3.  Records show the applicant was awarded the Drill Sergeant Identification Badge; therefore, to minimize any confusion, this badge should be properly identified on his DD Form 214 for the period ending 11 May 1972.

4.  Special orders awarded the applicant the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16); therefore, he is entitled to correction of his DD Form 214 for the period ending 11 May 1972 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 for the period ending 11 May 1972 as follows:

* removing the Vietnam Service Medal and "DI Badge"
* adding the:

*	Vietnam Service Medal with 4 bronze service stars
*	Drill Sergeant Identification Badge
*	Valorous Unit Award
*	Sharpshooter Marksmanship Qualification Badge with 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)                                         AR20130018915



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ABCMR Record of Proceedings (cont)                                         AR20130018915



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