IN THE CASE OF:	  

		BOARD DATE:	  7 July 2009

		DOCKET NUMBER:  AR20090004268 


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 widow of a former service member (FSM), requests that her deceased husband be awarded all medals to which he is entitled.

2.  The applicant states, in effect, that the FSM's DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) does not show any of the qualification badges to which he is entitled.

3.  The applicant provided a copy of the FSM's DD Form 214, a copy of the FSM's DA Form 20 (Enlisted Qualification Record), and a copy of the FSM's Certificate of Death in support of her request.

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 FSM's record shows he was inducted into the Army of the United States on 11 September 1969.  He completed basic combat training at Fort Benning, Georgia, and his advanced individual training at Fort Sill, Oklahoma.  After completing all required training, he was awarded the military occupational specialty 13A (Field Artillery Basic).

3.  The FSM served in Vietnam from 2 February 1970 through 14 April 1971 with Battery A, 2nd Battalion, 11th Artillery, 101st Airborne Division.

4.  The FSM was honorably released from active duty on 15 April 1971 under the provisions of Army Regulation 635-200 (Personnel Separations - Enlisted Separations) as an overseas returnee.  He was separated in the rank of private first class, pay grade E-3.  On the date he was released from active duty he had completed 1 year, 7 months, and 5 days of total active service.

5.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of the FSM's DD Form 214 shows he was awarded the National Defense Service Medal, the Vietnam Service Medal, and the Army Commendation Medal with "V" Device.  No other awards or decorations are shown on the applicant's DD Form 214.

6.  The FSM had "excellent" conduct and efficiency ratings throughout his service in the Army.  There is no evidence of indiscipline or a breach of good order while he served on active duty.  There is no record that he was subjected to either nonjudicial punishment or to court-martial.  There is no entry in item 42 (Remarks) of the FSM's DA Form 20 to indicate that he was disqualified from award of the Army Good Conduct Medal.

7.  The FSM's DD Form 214 shows award of the Vietnam Service Medal; however, it does not show the bronze service stars to which he is entitled for his campaign participation.

8.  While in Vietnam, the FSM participated in the following three campaigns of the Vietnam War:  the Vietnam Winter-Spring 1970, which extended from 1 November 1969 through 30 April 1970; the Sanctuary Counteroffensive, which extended from 1 May 1970 through 30 June 1970; and the Vietnam Counteroffensive Phase VII, which extended from 1 July 1970 through 30 June 1971.

9.  The FSM's DD Form 214 does not show his entitlement to the Republic of Vietnam Campaign Medal with Device (1960) despite the fact he served there for the period 2 February 1970 through 14 April 1971.

10.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register), which lists unit awards received by units serving in Vietnam, shows the FSM's unit was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 1 March 1971 through 9 October 1971 by DAGO Number 6, dated 1974; and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 30 November 1968 through 2 May 1970, by DAGO Number 48, dated 1971.  These unit awards are not shown on the FSM's DD Form 214.

11.  The FSM was awarded the First Class (i.e., Expert) Marksmanship Qualification Badge with Hand Grenade Bar in Special Orders Number 256, published by Headquarters, U.S. Army Training Center, Infantry, Fort Benning, Georgia, on 20 October 1969.  This marksmanship qualification badge is not shown on the FSM's DD Form 214.

12.  The FSM was awarded the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14) in Special Orders Number 263, published by Headquarters, U.S. Army Training Center, Infantry, Fort Benning, on 28 October 1969.  This marksmanship qualification badge is not shown on the FSM's DD Form 214.

13.  The FSM was awarded the Expert Marksmanship Qualification Badge with Rifle Bar (M-16) in Special Orders Number 272, published by Headquarters, U.S. Army Training Center, Infantry, Fort Benning, on 7 November 1969.  This marksmanship qualification badge is not shown on the FSM's DD Form 214.

14.  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 and states that authorized bronze service stars will be worn on the appropriate service medal, in this case, the Vietnam Service Medal.

15.  Army Regulation 600-8-22 provides, in pertinent part, for award of the Republic of Vietnam Campaign Medal.  The Government of Vietnam awarded this medal to all members of the Armed Forces of the United States for qualifying service in Vietnam during the period 1 March 1961 through 28 March 1973.  Qualifying service included assignment in Vietnam for 6 months or service outside the geographical limits of the Republic of Vietnam that contributed direct combat support to the Republic of Vietnam and its Armed Forces.  Individuals who qualified for award of the Vietnam Service Medal or the Armed Forces Expeditionary Medal and were evacuated prior to completing 6 months of service due wounds resulting from hostile action were entitled to award of the Vietnam Campaign Medal.

16.  Army Regulation 670-1 (Wear and Appearance of Army Uniforms and Insignia), chapter 29, prescribes policy and guidance for wear of U.S. and foreign unit awards.  This regulation states that a Soldier may wear the unit award permanently if the individual was assigned to and present for duty with the unit any time during the period cited or was attached by competent orders to and present for duty with the unit during the entire period, or for at least 30 consecutive days of the period cited.

17.  Army Regulation 672-5-1 (Awards), in effect at the time of the applicant's separation, provides that the Army Good Conduct Medal is awarded to individuals who distinguish themselves by their conduct, efficiency, and fidelity during a qualifying 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.  Although there is no automatic entitlement to the Army Good Conduct Medal, disqualification must be justified.  To be eligible for award of the Army Good Conduct Medal, Soldiers must meet all of the following criteria.  All conduct (character) and efficiency ratings must be recorded as "excellent," except that ratings of "unknown" for portions of the period under consideration are not disqualifying.  Service school efficiency ratings based upon academic proficiency of at least "good" rendered subsequent to 22 November 1955 are not disqualifying.

18.  A Review of the Awards and Decorations Computer-Assisted Retrieval System, an index of general orders issued during the Vietnam era between 1965 and 1973 maintained by the Military Awards Branch of the United States Army Human Resources Command, was conducted to determine if orders were published awarding other awards to the FSM while he served in Vietnam.  No additional award orders were found.

DISCUSSION AND CONCLUSIONS:

1.  The FSM consistently had "excellent" conduct and efficiency ratings throughout his active duty service.  He attained the rank and pay grade of private first class, E-3, and earned the Army Commendation Medal with "V" Device on the battlefield in Vietnam.  The FSM remained in Vietnam in excess of 1 year, which was considered a normal tour of duty.  Based on this excellent record of service, he is eligible for award of the Army Good Conduct Medal for the period 11 September 1969 through 15 April 1971 and to have it added to his DD Form 214.

2.  The FSM participated in three campaigns during his tour of duty in Vietnam.  He is therefore entitled to award of three bronze service stars to be affixed to his already-awarded Vietnam Service Medal and to have them shown on his DD Form 214.
3.  The FSM served in Vietnam for 1 year, 2 months, and 13 days and met the criteria for award of the Republic of Vietnam Campaign Medal with Device (1960).  The FSM is therefore entitled to award of the Republic of Vietnam Campaign Medal with Device (1960) and to have it added to his DD Form 214.

4.  The FSM served in a unit at the time the unit was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.  He is therefore entitled to these unit awards and to have them added to his DD Form 214.

5.  The FSM was awarded the First Class (i.e., Expert) Marksmanship Qualification Badge with Hand Grenade Bar, the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14), and the Expert Marksmanship Qualification Badge with Rifle Bar (M-16).  These marksmanship qualification badges are not shown on his DD Form 214.  He is entitled to have these already-awarded badges 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 the FSM the Army Good Conduct Medal for the period 11 September 1969 through 15 April 1971 and adding this award to his DD Form 214;

	b.  adding the Expert Marksmanship Qualification Badge with Hand Grenade Bar, the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14 Rifle), and the Expert Marksmanship Qualification Badge with Rifle Bar (M-16 Rifle) to the FSM's DD Form 214; and

	c.  adding the Republic of Vietnam Campaign Medal with Device (1960), the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Republic of 
Vietnam Civil Actions Honor Medal First Class Unit Citation, and three bronze service stars to be affixed to his already-awarded Vietnam Service Medal to the FSM's DD Form 214.



      ___________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)                                         AR20090004268



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ABCMR Record of Proceedings (cont)                                         AR20090004268



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