BOARD DATE:	 24 September 2015 

		DOCKET NUMBER:  AR20150002289 


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 the Air Medal.

2.  The applicant states he received award of the Air Medal; however, it was erroneously omitted from his DD Form 214.

3.  The applicant provides a copy of his DD Form 214 and a certificate awarding him 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 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 was inducted into the Army of the United States on 6 May 1969. He completed training and he was awarded military occupational specialty      11B (Light Weapons Infantryman).

3.  His DA Form 20 (Enlisted Qualification Record) shows he served in the Republic of Vietnam from 25 October 1969 through 18 October 1970.  He 
was assigned to Company D, 1st Battalion, 14th Infantry Regiment.  Item 41 (Awards and Decorations) does not show award of the Air Medal.

4.  The applicant's record contains General Orders Number 3844, issued by Headquarters, 4th Infantry Division, dated 13 July 1970, which awarded him the Air Medal for meritorious achievement while participating in aerial flight in the Republic of Vietnam (RVN) for the period 10 November 1969 to 2 July 1970.

5.  Special Orders Number 173, issued by Headquarters, U.S. Army Training Center, Infantry, Fort Bragg, NC, dated 22 June 1969, show he qualified for the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M14).

6.  Special Orders Number 201, issued by Headquarters, U.S. Army School/Training Center, Fort McClellan, AL, dated 8 September 1969, show he qualified for the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M16).

7.  Special Orders Number 202, issued by Headquarters, U.S. Army School/Training Center, Fort McClellan, AL, dated 9 September 1969, show he qualified for the Second Class Gunner (now known as Marksman) Marksmanship Qualification Badge with Machine Gun Bar (M60).

8.  On 3 May 1971, he was honorably released from active duty and transferred to the U.S. Army Reserve Control Group (Annual Training).  He completed
2 years of total active service.  The DD Form 214 he was issued at the time shows he was awarded or authorized the:

* National Defense Service Medal
* Vietnam Service Medal
* Combat Infantryman Badge
* RVN Campaign Medal with Device (1960)
* Army Good Conduct Medal
* Army Commendation Medal

9.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in the RVN.  During the period in which the applicant was assigned to Company D, 1st Battalion, 14th Infantry Regiment his unit was cited for award of the:
   RVN Gallantry Cross with Palm Unit Citation, for the period 29 July 1969 through 17 November 1970 by Department of the Army General Order (DAGO) Number 52, dated 1971; and 

   b  RVN Civil Actions Honor Medal, First Class Unit Citation, for the period 1 August 1967 through 31 October 1969 by DAGO Number 53, dated 1970.

10.  Army Regulation 600-8-22 (Military Awards) states a bronze service star is authorized with the Vietnam Service Medal award for each Vietnam campaign a member is credited with participating in.  Appendix B shows that during his service in Vietnam, participation credit was awarded for the following four campaigns:

* Vietnam Summer - Fall 1969 
* Vietnam Winter - Spring 1970
* DA Sanctuary Counteroffensive
* Vietnam Counteroffensive, Phase VII

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request has been carefully considered and found to have merit.

2.  General orders awarded him the Air Medal; therefore, he is entitled to correction of his DD Form 214 to show this award.

3.  Special orders awarded him the Sharpshooter Marksmanship Qualification Badge with Rifle Bars (M14 and M16) and the Marksman) Marksmanship Qualification Badge with Machine Gun Bar (M60).  Therefore, his record should be corrected to show these badges.

4.  Department of the Army Pamphlet 672-3 shows his unit was cited for award of the RVN Gallantry Cross with Palm Unit Citation and the RVN Civil Actions Honor Medal, First Class Unit Citation during his period of assignment.  Therefore, his DD Form 214 should be corrected to show these unit citations.

5.  The record shows the applicant participated in four campaigns during his service in the Republic of Vietnam.  Therefore, he is entitled to four bronze service stars for wear on his previously-awarded Vietnam Service Medal and correction of his DD Form 214 to show these service stars.

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. adding to his DD Form 214 the:

* Air Medal
* Sharpshooter Marksmanship Qualification Badge with Rifle Bars        (M14 and M16)
* Marksman Marksmanship Qualification Badge with Machine Gun Bar (M60)
* RVN Gallantry Cross with Palm Unit Citation
* RVN Civil Actions Honor Medal, First Class Unit Citation
* Vietnam Service Medal with four bronze service stars



      __________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)                                         AR20150002289





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ABCMR Record of Proceedings (cont)                                         AR20150002289



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