IN THE CASE OF:	  .

		BOARD DATE:	       14 MAY 2009

		DOCKET NUMBER:  AR20080019701 


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 two awards of the Air Medal and the Combat Infantryman Badge (CIB).

2.  The applicant states that these awards were not listed on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).
 
3.  The applicant provides a copy of his DD Form 214, citations 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.  The applicant's military records show he was inducted into the Army of the United States on 6 August 1970.  He served in the Republic of Vietnam from 
5 January 1971 to 17 December 1971 and was assigned to Company A, 1st Battalion, 12th Cavalry, 1st Cavalry Division.  He was honorably released from active duty on 11 February 1972 and transferred to the U.S. Army Reserve (USAR) Control Group (Annual Training) to complete his remaining Reserve obligation.

3.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 shows the following:  National Defense Service Medal, Bronze Star Medal, Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16), Expert Marksmanship Qualification Badge with Grenade Bar, two overseas service bars, Vietnam Service Medal, and the Republic of Vietnam Campaign Medal.  This form does not show any Air Medals or the CIB.

4.  Special Orders Number 75, Headquarters, 1st Cavalry Division, dated
16 March 1971, awarded the applicant the CIB, effective 4 March 1971.

5.  General Orders Number 27, Headquarters, 3rd Brigade, 1st Cavalry Division, dated 10 January 1972 and citation show the applicant was awarded the Air Medal for meritorious achievement while participating in aerial flight in the Republic of Vietnam from 25 January 1971 to 6 July 1971.

6.  General Orders Number 34, Headquarters, 3rd Brigade, 1st Cavalry Division, dated 15 January 1972 and citation show the applicant was awarded the Air Medal (2nd Award) for meritorious achievement while participating in aerial flight in the Republic of Vietnam from 12 July 1971 to 16 November 1971.

7.  Army Regulation 600-8-22 (Military Awards) provides that Arabic numerals are now used instead of oak leaf clusters for the second and succeeding awards of the Air Medal.  The numeral 2 denotes the second award of the Air Medal.

8.  The applicant’s DA Form 20 (Enlisted Qualification Record) shows he received all "excellent" conduct and efficiency ratings.  There is no record of any Article 15's, courts-martial or any type of adverse action. 

9.  Review of the applicant's DD Form 214 indicates that he is entitled to additional awards that are not shown on this form.  

10.  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.

11.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists unit awards received by units serving in Vietnam.  This document shows that during the period that the applicant was assigned to Company A, 1st Battalion, 12th Calvary, the unit was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation by Department of the Army General Orders Number 42, dated 1972 and the Valorous Unit Award by Department of the Army General Orders Number 5, dated 1985.

12.  The applicant’s DD Form 214 shows that he was awarded the Vietnam Service Medal, but it does not show that he was awarded any bronze service stars to signify campaign participation credit.  Paragraph 2-13 of Army Regulation
600-8-22 contains the regulatory guidance on the Vietnam Service Medal.  It states, in pertinent part, that a bronze service star is authorized with this award for each Vietnam campaign a member is credited with participating in.  Appendix B, Table B-1 contains a list of Vietnam campaigns, and it shows that during the applicant's tour in Vietnam, he participated in the following three campaigns:   Vietnam Counteroffensive Phase VII (1 July 1970 – 30 June 1971), Consolidation I (1 July 1971 – 30 November 1971), and Consolidation II (1 December 1971 – 29 March 1972).

DISCUSSION AND CONCLUSIONS:

1.  Special Orders Number 75 awarded the applicant the CIB.  Therefore, his records should be corrected to show this award.

2.  General Orders Numbers 27 and 34 awarded the applicant the Air Medal for meritorious achievement.  Therefore, his records should be corrected to show the Air Medal with Numeral 2.

3.  Evidence of record shows the applicant is entitled to the award of the Army Good Conduct Medal during the period from 6 August 1970 to 11 February 1972. Therefore, his records should be corrected to show this award.

4.  The evidence also shows the applicant is entitled to wear the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Valorous Unit Award.  Therefore, his records should be corrected to show these unit awards.

5.  Additionally, the applicant participated in three campaigns during his service in Vietnam.  Therefore, he is entitled to correction of his records to three bronze service stars for wear on his Vietnam Service Medal.

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 the applicant's DD Form 214 the Vietnam Service Medal;

   b.  awarding the applicant the Army Good Conduct Medal for the period from 6 August 1970 to 11 February 1972; and

   c.  adding to item 24 of the applicant's DD Form 214 the Air Medal with Numeral 2, Army Good Conduct Medal, Vietnam Service Medal with three bronze service stars, Valorous Unit Award, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Combat Infantryman Badge.



      __________XXX____________
       	   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)                                         AR20080019701



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ABCMR Record of Proceedings (cont)                                         AR20080019701



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