IN THE CASE OF:	  

		BOARD DATE:	    24 September 2015

		DOCKET NUMBER:  AR20150002004


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 19 awards of the Air Medal, the Meritorious Unit Commendation, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and his weapons qualification awards.

2.  The applicant states that as a result of his research on his Vietnam unit he discovered an Army Board for Correction of Military Records (ABCMR) Record of Proceedings (ROP) on another Soldier that showed his unit awards and weapons qualification badges.  He noticed his DD Form 214 only listed two Air Medals, no unit citations, and no weapons qualification awards.  He has orders showing 19 awards of the Air Medal.  He requests correction of his DD Form 214 to show his authorized awards.

3.  The applicant provides:

* his DD Form 214
* the ROP for another Soldier in his Vietnam unit
* orders, certificate and citation showing 19 awards of the Air Medal

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 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 21 November 1969.  He held military occupational specialty 67N (UH-1 Helicopter Repairman).  He reenlisted on 15 January 1970.

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

	a.  item 31 (Foreign Service), he served in Vietnam from 1 April 1970 through 27 May 1972.

	b.  item 38 (Record of Assignments) that during his service in Vietnam he was assigned to the 236th Medical Detachment from 6 April 1970 to 26 March 1972 and to the 571st Medical Detachment from 27 March 1972 to 26 May 1972. 

	c.  item 41 (Awards and Decorations), he was awarded the:

* National Defense Service Medal
* Air Medal (2 Awards)
* Republic of Vietnam Campaign Medal with Device (1960)
* Army Good Conduct Medal (1st Award)
* Gallantry Cross with Bronze Star
* Silver Star
* Army Commendation Medal
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar

4.  He was honorably released from active duty on 11 December 1972 in the rank of specialist five/E-5.  He had completed 4 years and 29 days of total active service.  His DD Form 214 does not list his requested awards and among other awards it lists the Vietnam Service Medal with four bronze service stars. 

5.  He provides 

	a.  ABCMR ROP AR 20090019380, dated 18 May 2010, showing a Soldier from his Vietnam unit was granted correction of his DD Form 214 to show, in part, he was awarded the Air Medal with Numeral 19, the Meritorious Unit Commendation, and the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

	b.  General orders, certificate and citation showing he was awarded the Air Medal (19 Awards) (now to be shown as the Air Medal with Numeral 19). 

6.  A review of the Awards and Decorations Computer-Assisted Retrieval System, an index of general orders issued during the Vietnam era between 1965 and 1973 maintained by the U.S. Army Human Resources Command Military Awards Branch, failed to reveal any additional award orders pertaining to the applicant. 

7.  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 campaign.  A silver service star is authorized in lieu of five bronze service stars. During his service in Vietnam, the applicant participated in the following six 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
* Consolidation I                                     1 July - 30 November 1971
* Consolidation II                                    1 December 1971 - 29 March 1972
* Vietnam Ceasefire Campaign              30 March 1972 - 28 January 1973

8.  Department of the Army Pamphlet 672-3 (Unit Citations and Campaign Participation Credit Register) lists the awards received by units serving in the Republic of Vietnam.  This pamphlet shows the 326th Medical Detachment was awarded the Meritorious Unit Commendation for the period July 1970 - November 1971 by Department of the Army General Orders Number 5, dated 1973.

9.  Department of the Army General Orders Number 8, dated 1974, announced award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to Headquarters, U.S. Military Assistance Command and its subordinate units during the period 8 February 1962 to 28 March 1973.

DISCUSSION AND CONCLUSIONS:

1.  Orders show he was awarded the Air Medal with Numeral 19, and his DA Form 20 shows he was awarded the Sharpshooter Marksmanship Qualification Badge with Rifle Bar.
2.  He participated in six campaigns during his service in Vietnam.  Therefore, he is authorized one silver service star and one bronze service star with his already-awarded Vietnam Service Medal.

3.  During his service in Vietnam, his unit was awarded the Meritorious Unit Commendation and the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

4.  His DD Form 214 should be corrected to show the aforementioned awards.

BOARD VOTE:

___x____  ___x____  ____x___  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined the evidence presented is 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 the Air Medal (2nd Award) and the Vietnam Service Medal from his DD Form 214 for the period ending 11 December 1972; and

	b.  adding the following awards to the same DD Form 214: 

* Air Medal with Numeral 19
* Meritorious Unit Commendation
* Vietnam Service Medal with one silver service star and one bronze service star 


* Sharpshooter Marksmanship Qualification Badge with Rifle Bar
* Republic of Vietnam Gallantry Cross with Palm 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)                                         AR20100025029





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ABCMR Record of Proceedings (cont)                                         AR20150002004



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