BOARD DATE:	  23 October 2014

		DOCKET NUMBER:  AR20140005191 


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 award of:

* Army Commendation Medal (ARCOM)
* Vietnam Service Medal with four bronze service stars
* Republic of Vietnam (RVN) Gallantry Cross with Palm Unit Citation
* Expert Marksmanship Qualification Badge with Rifle Bar (M-16)
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)

2.  The applicant states the above medals and badges were omitted from his 
DD Form 214.

3.  The applicant provides no additional documentation.

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 18 January 1968, the applicant was inducted into the Army of the United States.  He completed his initial training as an aircraft armament repairman.

3.  Special Orders Number 68, Fort Knox, KY, dated 8 March 1968, announced the applicant’s award of the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14).

4.  Special Orders Number 204, Aberdeen Proving Ground, dated 20 September 1968, announced the applicant’s award of the Expert Marksmanship Qualification Badge with Rifle Bar (M-16).

5.  On or about 28 September 1968, the applicant departed the United States for duty in the RVN.

   a.  On 24 October 1968, he was assigned to B Troop, 7th Squadron, 1st Cavalry Regiment with principal duty as an aircraft armament repairman.

	b.  General Orders Number 4492, 1st Aviation Brigade, dated 11 September 1969, announced award of the ARCOM to the applicant for meritorious service in connection with military operations in the RVN during the period October 1968 to October 1969.

	c.  On 16 October 1969, he departed the RVN and returned to the United States.

6.  On 19 October 1969, 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 completed 1 year,  
9 months, and 2 days of creditable active service.

7.  The applicant's DD Form 214 lists his awards as:

* National Defense Service Medal
* Vietnam Service Medal
* Vietnam Campaign Medal
* Good Conduct Medal



8.  Army Regulation 600-8-22 (Military Awards) provides that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.  Based on the applicant's dates of service in the RVN, he participated in the following four campaign periods:

* Vietnam Counteroffensive, Phase V
* Vietnam Counteroffensive, Phase VI
* Tet 69 Counteroffensive
* Vietnam Summer-Fall 1969

9.  Department of the Army General Orders 8, dated 1974, announced award of the RVN Gallantry Cross with Palm Unit Citation for service in the RVN to Headquarters, U.S. Military Assistance Command and its subordinate units during the period 8 February 1962 to 28 March 1973.  Headquarters, U.S. Army Vietnam and its subordinate units were authorized this medal for the period 
20 July 1965 to 28 March 1973.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends his DD Form 214 should be corrected to show award of:

* ARCOM
* Vietnam Service Medal with four bronze service stars
* RVN Gallantry Cross with Palm Unit Citation
* Expert Marksmanship Qualification Badge with Rifle Bar (M-16)
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)

2.  General orders show the applicant was awarded the ARCOM.  Therefore, his DD Form 214 should be corrected to show this award.

3.  Records show the applicant participated in four campaign periods during his service in the RVN.  Therefore, he is eligible for award of four bronze service stars to be affixed to his already-awarded Vietnam Service Medal.

4.  Records show the applicant's unit was cited in general orders for award of the RVN Gallantry Cross with Palm Unit Citation.  Therefore, his DD Form 214 should be corrected to show this foreign unit award.

5.  Special orders show the applicant was awarded the Expert Marksmanship Qualification Badge with Rifle Bar (M-16).  Therefore, his DD Form 214 should be corrected to show this badge.

6.  Special orders show the applicant was awarded the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14).  Therefore, his 
DD Form 214 should be corrected 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:

	a.  deleting from his DD Form 214 the Vietnam Service Medal; and

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

* Army Commendation Medal
* Vietnam Service Medal with four bronze service stars
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Expert Marksmanship Qualification Badge with Rifle Bar (M-16)
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (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)                                         AR20140005191



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ABCMR Record of Proceedings (cont)                                         AR20140005191



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