IN THE CASE OF:	   

		BOARD DATE:	        7 October 2008

		DOCKET NUMBER:  AR20080011426 


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 (Report of Transfer or Discharge) to show award of the Combat Infantryman Badge, the Bronze Star Medal, and the Air Medal.

2.  The applicant states that he does not understand why these medals were not added to his DD Form 214; perhaps because of his swift discharge from Vietnam.

3.  The applicant provides a copy of his DD Form 214, in support of his application.

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 on 20 May 1968.  He arrived in Vietnam on 1 May 1969.  He served as a light weapons infantryman assigned to Company C, 5th Battalion, 46th Infantry of the 198th Infantry Brigade in Vietnam from 15 May 1969 through 8 April 1970.  On 8 April 1970, the applicant was released from active duty in the rank of sergeant after completing 1 year, 10 months, and 
19 days of creditable active service with no time lost.

3.  The applicant’s DD Form 214 shows the National Defense Service Medal, the Vietnam Service Medal, the Republic of Vietnam Campaign Medal with Device (1960), two awards of the Overseas Service Bar, and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar as authorized awards.  

4.  Headquarters, Americal Division Special Orders Number 162, dated 11 June 1969, show the applicant received the Combat Infantryman Badge.

5.  Headquarters, Americal Division General Orders Number 9970, dated 
25 September 1969, show the applicant received the Army Commendation Medal for meritorious achievement in connection with military operations against a hostile force in the Republic of Vietnam on 10 June 1969.

6.  Headquarters, Americal Division General Orders Number 2570, dated 
16 March 1970, show the applicant received the Air Medal for meritorious achievement while participating in aerial flight during the period 29 May 1969 -
8 December 1969.

7.  Headquarters, Americal Division General Orders Number 2760, dated 
20 March 1970, show the applicant received the Bronze Star Medal for meritorious service in connection with military operations against a hostile force in the Republic of Vietnam during the period May 1969 - April 1970.

8.  There is no evidence the applicant received the first award of the Good Conduct Medal.  There also is no evidence the applicant was disqualified by his chain of command from receiving the Good Conduct Medal.  His records show he received conduct and efficiency ratings of “excellent” throughout his service.

9.  Records show the applicant participated in three campaigns during his assignment in Vietnam.

10.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in Vietnam.  This document shows the applicant's unit is eligible for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation based on Department of the Army General Orders Number 11, dated 1973.
11.  Army Regulation 672-5-1, in effect at the time, provided policy and criteria concerning individual military decorations.  It stated that the Army Good Conduct Medal was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940 and, for the first award only, upon termination of service on or after 27 June 1950 of less than 3 years but more than 1 year.  At the time, a Soldier's conduct and efficiency ratings must 
have been rated as "excellent" for the entire period of qualifying service except that a service school efficiency rating based upon academic proficiency of at least "good" rendered subsequent to 22 November 1955 was not disqualifying.  However, there was no right or entitlement to the medal until the immediate commander made positive recommendation for its award and until the awarding authority announced the award in General Orders.

12.  Army Regulation 600-8-22 (Military Awards), in pertinent part, authorizes award of a bronze service star, based on qualifying service, for each campaign listed in Appendix B of this regulation and states that authorized bronze service stars will be worn on the appropriate service medal.  

DISCUSSION AND CONCLUSIONS:

1.  Orders show the applicant received the Combat Infantryman Badge, the Bronze Star Medal, the Air Medal, and the Army Commendation Medal. 

2.  The applicant was released from active duty in the rank of sergeant with almost 2 years of creditable active service with no time lost.  It appears the applicant met the eligibility criteria for the first award of the Good Conduct Medal for the period 20 May 1968 through 8 April 1970 based on completion of a period of qualifying service ending with the termination of a period of Federal military service.  Therefore, his record should be corrected to show this award.

3.  The applicant participated in three campaigns during his assignment in Vietnam which makes him eligible for award of the Vietnam Service Medal with three bronze service stars.

4.  The applicant’s unit received the Republic of Vietnam Gallantry Cross with Palm Unit Citation while he was assigned to it.







BOARD VOTE:

___XX_____  ___XX_____  ___XX____  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.  awarding him the first award of the Good Conduct Medal for the period 
20 May 1968 through 8 April 1970; and

	b.  adding the Good Conduct Medal, the Combat Infantryman Badge, the Bronze Star Medal, the Air Medal, the Army Commendation Medal, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and three bronze service stars for wear on his already-awarded Vietnam Service Medal to his DD Form 214.



      ______XXXX________________
               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)                                         AR20080011426



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ABCMR Record of Proceedings (cont)                                         AR20080011426



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