BOARD DATE:	  14 October 2014

		DOCKET NUMBER:  AR20140004151 


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) by showing award of:

* Bronze Star Medal (BSM)
* Army Commendation Medal (ARCOM)
* All other awards he is authorized

2.  The applicant states these awards were not recorded on his DD Form 214.

3.  The applicant provides copies of:

* DD Form 214 (Copy Number 1)
* General Orders Number 1490, Headquarters, 3rd Brigade, 82nd Airborne Division, dated 11 September 1969 with Citation
* General Orders Number 1635, Headquarters, 3rd Brigade, 82nd Airborne Division, dated 16 October 1969 with Citation

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 27 August 1968, the applicant enlisted in the Regular Army.  He was trained as a Field Artillery Operations and Intelligence Assistant.

3.  Special Orders Number 302, Headquarters, U.S. Army Training Center Infantry, Fort Dix, NJ, dated 23 October 1968 announced the applicant’s award of the Expert Marksmanship Qualification Badge with Rifle Bar (M-16).

4.  On or about 10 March 1969, the applicant was assigned for duty in the Republic of Vietnam (RVN).  On 24 March 1969, he was assigned to Battery B, 2nd Battalion, 321st Artillery Regiment, 3rd Brigade, 82nd Airborne Division.

	a.  General Orders Number 1490, Headquarters, 3rd Brigade, 82nd Airborne Division, dated 11 September 1969, announced the applicant’s award of the ARCOM for meritorious achievement during the period 31 March through 
31 August 1969.

   b.  General Orders Number 1635, 3rd Brigade, 82nd Airborne Division, dated 16 October 1969, announced the applicant’s award of the BSM for meritorious achievement during the period 2 June through 15 October 1969.

	c.  On or about 31 October 1969, the applicant departed the RVN.

5.  On 5 December 1969, the applicant was assigned to Fort Sill, OK.

6.  Special Orders Number 23, Headquarters, 2d Battalion, 36th Artillery, Fort Sill, OK, dated 12 February 1970, announced the applicant’s award of the Expert Marksmanship Qualification Badge with Rifle Bar (M-14).

7.  General Orders Number 34, Headquarters, 2d Battalion, 36th Artillery, Fort Sill, OK, dated 27 July 1970 announced the applicant’s award of the Good Conduct Medal (GCMDL).

8.  On 27 August 1970, the applicant was released from active duty and transferred to the U.S. Army Reserve Control Group (Annual Training).  He had attained the rank of specialist five, pay grade E-5 and had completed 2 years of creditable active duty service.

9.  The applicant's DD Form 214 indicates his awards as:

* National Defense Service Medal
* Republic of Vietnam Campaign Medal
* Vietnam Service Medal with bronze service star
* “EXP QUAL BADGE”

10.  Army Regulation 600-8-22 (Military Awards), Appendix B, indicates, based on the applicant's dates of service in the RVN, he participated in the following two campaign periods:

* Tet 69 Counteroffensive
* Vietnam Summer-Fall 1969

11.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in the Republic of Vietnam.  This publication shows that the 2nd Battalion, 321st Artillery Regiment, during the time of the applicant's assignment, was cited in Department of the Army General Orders Number 43, dated in 1970 for award of the RVN Gallantry Cross with Palm Unit Citation.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 should be corrected by showing award of:

* BSM
* ARCOM
* All other awards he is authorized

2.  General orders announced the applicant’s award of the BSM, ARCOM, and GCMDL.  Therefore, these three medals should be shown on his DD Form 214.

3.  Special orders announced the applicant’s qualification as expert with two different service rifles.  Therefore, his DD Form 214 should be corrected by removing a partial entry “EXP QUAL BADGE” and replacing it with Expert Marksmanship Qualification Badge with Rifle Bar (M-16 and M-14).

4.  Records show that the applicant participated in two campaign periods during his service in the RVN.  Therefore, he is authorized to wear two bronze service stars on his already-awarded Vietnam Service Medal.

5.  Records show that the applicant's unit was cited in general orders for award of the RVN Gallantry Cross with Palm Unit Citation.  Therefore, his records should be corrected to show this foreign unit award.

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 entry “EXP QUAL BADGE”; and

	b.  showing, in addition to the awards already-shown on his DD Form 214, that his awards include:

* Bronze Star Medal
* Army Commendation Medal
* Good Conduct Medal
* Vietnam Service Medal with two bronze service stars
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Expert Marksmanship Qualification Badge with Rifle Bar (M-16 and 
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)                                         AR20140000220



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ABCMR Record of Proceedings (cont)                                         AR20140004151



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