IN THE CASE OF:	  

		BOARD DATE:	  26 August 2014

		DOCKET NUMBER:  AR20140000890 


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, in effect, correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for the period ending on 22 April 1972 to add the Bronze Star Medal, the Expert Marksmanship Qualification Badge with Rifle Bar (M-16), and the Expert Marksmanship Qualification Badge with Pistol Bar (.45 caliber).  He also requests issuance of these medals and badges.

2.  The applicant states, in effect, these awards were not listed on his DD Form 214.

3.  The applicant provides:

* DD Form 214 for the period ending on 21 August 1969
* Special Orders (SO) Number 104, dated 12 May 1971
* SO Number 111, dated 20 May 1971
* General Orders (GO) Number 47, dated 31 March 1972
* DD Form 214 for the period ending on 22 April 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.  After having previous enlisted service, the applicant was appointed as a commissioned officer on 22 August 1969 and entered active duty that same day.

3.  SO Number 104, issued by Headquarters, 171st Infantry Brigade (Separate) (Light), on 12 May 1971 awarded him the Expert Marksmanship Qualification Badge with Pistol Bar (.45 caliber).

4.  SO Number 111, issued by Headquarters, 171st Infantry Brigade (Separate) (Light), on 20 May 1971 awarded him the Expert Marksmanship Qualification Badge with Rifle Bar (M-16).

5.  His record does not contain a DA Form 66 (Officer Qualification Record); however, it does contain a VA Form 29-8286 (Servicemen's Group Life Insurance Election), dated 2 November 1971, showing he was assigned to Headquarters, U.S. Military Assistance Command, Vietnam.

6.  GO Number 47, Headquarters, Delta Regional Assistance Command (previously called the Delta Military Assistance Command), Vietnam, on 
31 March 1972 awarded him the Bronze Star Medal for service from November 1971 to April 1972.

7.  He was honorably released from active duty on 22 April 1972.  His DD Form 214 shows his last duty assignment and major command as the Civil Operations 
and Revolutionary Development Support, IV Corps and Military Region IV, Military Assistance Command, Vietnam.  He served in Vietnam from 28 October 1971 to 18 April 1972.  Additionally, he was awarded or authorized the:

* National Defense Service Medal
* Army Good Conduct Medal
* Vietnam Service Medal
* Expert Infantryman Badge
* 1 overseas service bar

8.  Army Regulation 600-8-22 (Military Awards), paragraph 2-13 contains the regulatory guidance on the Vietnam Service Medal and states a bronze service star is authorized with this award for each Vietnam campaign a member is credited with participating in.  Appendix B shows that during his service in Vietnam, he was awarded participation credit for three campaigns.

9.  Department of the Army (DA) Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam.  This pamphlet shows Headquarters, United States Military Assistance Command and its subordinate units were cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 8 February 1962 to 28 March 1973, by DAGO Number 8, dated 1974.

DISCUSSION AND CONCLUSIONS:

1.  GO awarded the applicant the Bronze Star Medal.  Therefore, he is entitled to the issuance of this medal and correction of his DD Form 214 to add this award.

2.  SO awarded him the Expert Marksmanship Qualification Badge with Rifle Bar (M-16) and the Expert Marksmanship Qualification Badge with Pistol Bar (.45 caliber).  Therefore, he is entitled to issuance of these badges and correction of his DD Form 214 to add these badges. 

3.  His unit in Vietnam was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation during the period of his assignment; therefore, he is entitled to correction of his DD Form 214 to add this unit award.

4.  The evidence of record shows he participated in three campaigns during his assignment to Vietnam.  Therefore, he is entitled to issuance of this medal and correction of his DD Form 214 to show three bronze service stars affixed to his previously-awarded Vietnam Service Medal.

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 for the period ending on 22 April 1972 the Vietnam Service Medal;

	b.  adding to his DD Form 214 for the period ending on 22 April 1972 the:

* Bronze Star Medal
* Vietnam Service Medal with three bronze service stars
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Expert Marksmanship Qualification Badge with Rifle Bar (M-16)
* Expert Marksmanship Qualification Badge with Pistol Bar (.45 caliber)

	c.  issuing him the medals and badges being added to his DD Form 214, if available.



      _______ _   _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)                                         AR20140000890





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ABCMR Record of Proceedings (cont)                                         AR20140000890



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