IN THE CASE OF:	

		BOARD DATE:	  17 March 2009

		DOCKET NUMBER:  AR20080012494 


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 Combat Infantryman Badge (CIB), Bronze Star Medal (BSM), and the Air Medal (AM).

2.  The applicant states the BSM, CIB, and AM awards are not listed on his DD Form 214.

3.  The applicant provides a copy of his DD Form 214 and CIB, BSM, and AM orders in support of this 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's record shows that he was inducted into the Army of the United States on 18 March 1971.  He completed basic combat and advanced individual training and was awarded military occupational specialty (MOS) 11B (light weapons infantryman).  The highest rank he attained while serving on active duty was the grade of private first class (PFC)/pay grade E-3.

3.  Item 31 (Foreign Service) of the applicant's DA Form 20 (Enlisted Qualification Record) shows he served in the Republic of Vietnam during the period 24 August 1971 through 13 April 1972.  Item 38 (Record of Assignments) of the applicant's DA Form 20 shows that during his tour of duty in the Republic of Vietnam he was assigned as a light weapons infantryman to Headquarters and Headquarters Company, 1st Battalion (Airmobile), 7th Cavalry, 3rd Brigade (Separate), 1st Cavalry Division (Airmobile); and as a rifleman to Company B, 1st Battalion (Airmobile), 7th Cavalry, 3rd Brigade (Separate), 1st Cavalry Division (Airmobile).

4.  Headquarters, 3rd Brigade (Separate), 1st Cavalry Division (Airmobile), Special Orders Number 200, dated 26 October 1971, awarded the applicant the CIB.  These orders are filed in his Official Military Personnel File (OMPF).

5.  Headquarters, 3rd Brigade (Separate), 1st Cavalry Division (Airmobile), General Orders Number 1113, dated 6 April 1972, awarded the applicant the BSM.  These orders are filed in his OMPF.

6.  Headquarters, 3rd Brigade (Separate), 1st Cavalry Division (Airmobile) General Orders Number 1481, dated 19 May 1972, awarded the applicant the AM.  These orders are filed in his OMPF.

7.  The applicant's DD Form 214 shows that on 14 April 1972 he was honorably released from active duty after completing 1 year and 27 days of creditable active service with 7 months and 20 days of foreign service and transferred to the U.S. Army Reserve (USAR) Control Group (Annual Training) to complete his remaining Reserve obligation.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 shows he was issued the National Defense Service Medal, Vietnam Service Medal, and the Republic of Vietnam Campaign Medal with Device (1960).

8.  Review of the applicant's records indicates entitlement to additional awards and decorations that are not shown on his DD Form 214.

9.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows the unit the applicant was assigned to while serving in the Republic of Vietnam was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation based on Department of the Army General Orders Number 8, dated 1974.

10.  Appendix B of Army Regulation 600-8-22 (Military Awards) shows the campaigns for Vietnam.  During the applicant's tour in Vietnam he participated in the Consolidation I (1 July 1971 – 30 November 1971); Consolidation II
(1 December 1971 – 29 March 1972); Vietnam Cease-Fire (30 March 1972 –
28 January 1973) campaigns.  This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.

11.  There is no evidence that the applicant received the first award of the Army Good Conduct Medal.  There also is no evidence the applicant was disqualified by his chain of command from receiving the Army Good Conduct Medal.  Records do not show any indiscipline or lost time.  His records do not contain any adverse information and he received "excellent" conduct and efficiency ratings throughout his service.

12.  Army Regulation 672-5-1 (Awards), in effect at the time, provided policy and criteria concerning individual military decorations.  It stated the Army Good Conduct Medal was awarded for each three 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 three years but more than one year.  At the time, a Soldier's conduct and efficiency ratings must have been rated as "excellent" for the entire period of qualifying service.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's OMPF contains orders awarding him the BSM, CIB, and the AM while serving on active duty.  Therefore, his is entitled to correction of his DD Form 214 to show these awards.

2.  General Orders awarded the applicant's unit the Republic of Vietnam Gallantry Cross with Palm Unit Citation which is not shown on his DD Form 214.  Therefore, he is entitled to correction of his records to show this foreign unit award.

3.  Record shows the applicant was awarded the Vietnam Service Medal.  Additionally, records show the applicant participated in three campaigns while serving in the Republic of Vietnam.  Therefore, he is entitled to award of three bronze service stars to be affixed to his already-awarded Vietnam Service Medal.
4.  The applicant completed a period of qualifying service ending with the termination of a period of Federal military service.  The applicant also had "excellent" conduct and efficiency ratings through his tenure of service.  Additionally, there is no record of any disciplinary action taken against the applicant or disqualification by his chain of command.  Therefore, he is entitled to award of the Army Good Conduct Medal (first award) and correction of his records to show this award.

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 item 24 of his DD Form 214 the Vietnam Service Medal;

	b.  awarding him the Army Good Conduct Medal (first award) for the period
18 March 1971 to 14 April 1972, and

	c.  adding to item 24 of his DD Form 214 the Bronze Star Medal, Air Medal, Army Good Conduct Medal (first award), Vietnam Service Medal with three bronze service stars, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Combat Infantryman Badge.



      _________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)                                         AR20080012494



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20080012494



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1