IN THE CASE OF:	  

		BOARD DATE:	  6 October 2016

		DOCKET NUMBER:  AR20150003391 


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, the sister of a deceased former service member (FSM), requests correction of the FSM's DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show the Army Commendation Medal (ARCOM) and the Air Medal (AM).

2.  The applicant states the FSM did not receive the medals and they are not listed on his DD Form 214.  

3.  The applicant provides an ARCOM Citation and orders.

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 12 July 1966, the applicant enlisted in the Regular Army.  After completing initial entry training, he was awarded military occupational specialty 11B (Light Weapons Infantryman).

3.  His DA Form 20 shows in:

* item 31 (Foreign Service), he served a tour of duty in the Republic of Vietnam (RVN) beginning on 2 December 1967
* item 38 (Record of Assignments), he was assigned to – 

* Company C, 3rd Battalion (Airborne), 187th Infantry from                     4 December 1967 to 19 December 1967
* Headquarters and Headquarters Company, 3rd Battalion, 187th Infantry, from 20 December 1967 to 26 December 1968

* item 41 (Awards and Decorations) – 

* National Defense Service Medal (NDSM)
* Vietnam Service Medal (VSM) 
* Parachutist Badge
* RVN Campaign Medal with Device (1960)
* Army Good Conduct Medal (AGCM)
* Combat Infantryman Badge (CIB)
* Bronze Star Medal (BSM)
* Expert Marksmanship Qualification Badge with Rifle Bar (M-16)
* Expert Marksmanship Qualification Badge with Machine Gun Bar (M-60)

4.  Headquarters, 101st Airborne Division issued the following orders:

   a.  General Orders (GO) Number 5822, dated 11 September 1968, awarding the applicant the ARCOM for meritorious achievement from 1 March 1968 to      31 July 1968.

   b.  GO Number 10596, dated 12 December 1968, awarding the applicant the AM for meritorious achievement while participation in aerial flight on 6 July 1968.

5.  He was released from active duty and transferred to the U.S. Army Reserve Control Group (Reinforcement) on 11 July 1969.  He completed 3 years of total active service.

6.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows he was authorized the following:

* NDSM
* VSM
* RVN Campaign Medal with Device (1960)
* Parachutist Badge
* BSM
* CIB

7.  Army Regulation 600-8-22 (Military Awards) states a bronze service star is worn on the appropriate service ribbon, to include the VSM, for each credited campaign.  A silver service star is authorized in lieu of five bronze service stars.  The Vietnam campaigns are listed in appendix B.  His service in Vietnam coincided with five campaigns:

* Vietnam Counteroffensive Phase III (1 June 1967 - 29 January 1968)
* Tet Counteroffensive (30 January - 1 April 1968)
* Vietnam Counteroffensive Phase IV (2 April - 30 June 1968)
* Vietnam Counteroffensive Phase V (1 July - 1 November 1968)
* Vietnam Counteroffensive Phase VI (2 November 1968 - 22 February 1969)

8.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam.  This pamphlet shows the 3rd Battalion, 187th Infantry, was awarded the:

* Presidential Unit Citation (PUC) for the period 13 June 1968 to                23 September 1968, by Department of the Army General Order (DAGO) 38, dated 1971
* Valorous Unit Award (VUA) for the period 16 March 1968 to                    22 March 1968, by DAGO 22, dated 1976
* Meritorious Unit Commendation (MUC) for the period 14 March 1968 to     3 October 1968, by DAGO 22, dated 1976
* RVN Gallantry Cross with Palm Unit Citation for the period 19 July 1968 to 14 May 1969, by DAGO 43, dated 1970
* RVN Civil Actions Honor Medal First Class Unit Citation for the period 3 October 1968 to 2 May 1970, by DAGO 48, dated 1971



DISCUSSION AND CONCLUSIONS:

1.  General orders awarded the applicant the ARCOM and the AM.  These awards are not listed on his DD Form 214.

2.  He was awarded the VSM and he participated in five campaigns.  His DD Form 214 does not show the one silver service star authorized for wear with his VSM.  

3.  He was awarded the Expert Marksmanship Qualification Badge with Rifle Bar (M-16) and Machine Gun Bar (M-60).  These badges are not listed on his          DD Form 214.

4.  Records show he was awarded the AGCM.  This award is not listed on his DD Form 214.

5.  He served with 3rd Battalion, 187th Infantry during periods for which the unit was awarded the PUC, VUA, MUC, RVN Civil Actions Honor Medal First Class Unit Citation and RVN Gallantry Cross with Palm Unit Citation.  These unit awards are not listed on his DD Form 214.

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 adding to his DD Form 214 –

* AM
* ARCOM 
* AGCM
* RVN Civil Actions Honor Medal First Class Unit Citation
* RVN Gallantry Cross with Palm Unit Citation
* Expert Marksmanship Qualification Badge with Rifle Bar (M-16) and Machine Gun Bar (M-60)
* one silver service star to his VSM




      _______ _   _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)                                         AR20150003391





3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20150003391



5


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1