IN THE CASE OF:	  

		BOARD DATE:	        26 March 2009

		DOCKET NUMBER:  AR20080017950 


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, in effect, that his award of the Army Commendation Medal with "V" Device be added to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) and that he be awarded the Army Good Conduct Medal.

2.  The applicant states, in effect, that the Army Commendation Medal with "V" Device was not listed on his DD Form 214 and that he was never awarded the Army Good Conduct Medal. 

3.  The applicant provides copies of the general orders awarding him the Army Commendation Medal with "V" Device and his DD Form 214.

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 enlisted and entered active duty on 30 July 1965.  He completed training, including basic parachutist training, and was awarded military occupational specialty 11B1P as an airborne infantryman.  He qualified as a marksman with the service rifle, automatic rifle, and the M-60 machinegun.

3.  The applicant arrived in Vietnam on 2 February 1966 and was assigned to Headquarters and Headquarters Company, 2d Battalion (Airborne), 502d Infantry Regiment, until 27 March 1966 when he was transferred to Company A.

4.  The applicant was awarded the Combat Infantryman Badge on 29 March 
1966.  U.S. Army Vietnam General Orders Number 3038, dated 21 May 1966, awarded him the Army Commendation Medal with "V" Device for heroic action as a machine gunner on a night patrol on 1 March 1966.

5.  The applicant was advanced to specialist four/pay grade E-4 on 8 August 
1966, returned to the United States on 20 January 1967, and was promoted to sergeant/pay grade E-5 on 26 July 1967.

6.  He was released from active duty on 29 July 1968 and was transferred to the U.S. Army Reserve Control Group (Reinforcement) with an honorable characterization of service.  His DD Form 214 lists his authorized awards as the Parachutist Badge, Vietnam Service Medal, Combat Infantryman Badge, National Defense Service Medal, and Republic of Vietnam Campaign Medal with Device (1960).

7.  The applicant's DA Form 20 (Enlisted Qualification Record), item 38 (Record of Assignments), shows that his conduct and efficiency ratings were exclusively "excellent."  There is no evidence of any court-martial conviction.

8.  The following information is relevant to the applicant's awards:

	a.  Army Regulation 672-5-1 (Military Awards), in effect at the time, provides that the Army Good Conduct Medal is awarded to individuals who have completed a qualified period of active duty enlisted service.  This period is 3 years except in those cases when the period for the first award ends with the termination of a period of Federal military service.  The enlisted person must have had all "excellent" conduct and efficiency ratings and no convictions by a court-martial.  Ratings of "unknown" for portions of the period under consideration are not disqualifying.  Service and efficiency ratings based upon academic proficiency of at least "good" rendered subsequent to 22 November 
1955 are not disqualifying.

	b.  Appendix B of Army Regulation 600-8-22 (Military Awards) shows the campaigns periods for Vietnam.  During the applicant’s tour in Vietnam he participated in two campaign periods.  This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.

	c.  Army Pamphlet 672-3 (Unit Citation and Campaign Credit Register) lists the unit awards for the Vietnam era.  It shows that the 2d Battalion, 502d Infantry, was awarded the Presidential Unit Citation for action during the period 2 June 
1966 through 20 June 1966 by Department of the Army General Order (DAGO) 59, dated 1968; the Valorous Unit Award for the period from 17 January 
1966 through 25 March 1966 by DAGO 1, dated 1969; the Meritorious Unit Commendation for the period 29 July 1965 through 1 October 1966 by DAGO 1, dated October 1966; and the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the periods 1 through 31 July 1966 and 9 December 1966 through 18 January 1967 by DAGO 21, dated 1969.  Note:  Uniform regulations prohibit wearing more than one Republic of Vietnam Gallantry Cross with Palm Unit Citation.

DISCUSSION AND CONCLUSIONS:

1.  The applicant states that the Army Commendation Medal with "V" Device was omitted from his DD Form 214 and that he was never awarded the Army Good Conduct Medal.

2.  He was awarded the Army Commendation Medal with "V" Device by general orders and it should be shown on his DD Form 214.

3.  The applicant completed a qualifying period of active duty enlisted service with all "excellent" conduct and efficiency ratings and no convictions by a court-martial.  He should be awarded the Army Good Conduct Medal and it should be shown on his DD Form 214.

4.  He served in Vietnam during two designated campaign periods and is authorized to wear two bronze service stars on the Vietnam Service Medal.

5.  The applicant's weapons qualifications should be shown on his DD Form 214 as the Marksman Marksmanship Qualification Badge with Rifle Bar, Automatic Rifle Bar, and Machinegun Bar.

6.  The applicant was assigned to a unit during a period of time that unit was awarded the Presidential Unit Citation, the Valorous Unit Award, the Meritorious Unit Commendation, and two awards of the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  Although he may wear only one Republic of Vietnam Gallantry Cross with Palm Unit Citation, both (plus the other unit awards) should be added to 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:

	a.  awarding him the Army Good Conduct Medal for the period 30 July 1965 through 29 July 1968; and

	b.  showing that, in addition to the awards already listed on his DD Form 214, his authorized awards include the Army Commendation Medal with "V" Device; Army Good Conduct Medal; Presidential Unit Citation; Valorous Unit Award; Meritorious Unit Commendation; Republic of Vietnam Gallantry Cross with Palm Unit Citation (2nd Award); Marksman Marksmanship Qualification Badge with Rifle, Automatic Rifle, and Machinegun Bars; and two bronze service stars for wear on the already-awarded Vietnam Service Medal.



      ___________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)                                         AR20080017950



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ABCMR Record of Proceedings (cont)                                         AR20080017950



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