BOARD DATE:	  13 August 2009

		DOCKET NUMBER:  AR20090006285 


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, award of the Good Conduct Medal and correction to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to list his award of the Expert Marksmanship Qualification Badge with Rifle Bar (M-14) and the Marksman Marksmanship Qualification Badge with Rifle Bar (M-16) and all awards he may be entitled to.  

2.  The applicant states, in effect, that his DD Form 214 shows he was awarded the Expert Marksmanship Qualification Badge with Rifle Bar (M-16) and it should show he was awarded the Expert Marksmanship Qualification Badge with Rifle Bar (M-14), the Marksman Marksmanship Qualification Badge with Rifle Bar (M-16), and the Marksman Marksmanship Qualification Badge with Machinegun Bar (M-60).  He also states that the Good Conduct Medal was never reflected on his DD Form 214.    

3.  In support of his application, the applicant provides copies of his DA Form 20 (Enlisted Qualification Record) 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's military records show he enlisted in the Regular Army, in pay grade E-1, on 31 January 1968, for 3 years.  He completed basic combat and advanced training and was awarded military occupational specialty 11B (light weapons infantryman).  He served in Vietnam from 8 August through 9 December 1968, with Company A, 1st Battalion, 12th Infantry, 4th Infantry Division, for 2 campaigns.

3.  On 28 March 1968, the applicant was awarded the Expert Marksmanship Qualification Badge with Rifle Bar (M-14).  On 16 May and 17 May 1968, respectively, he was awarded the Marksman Marksmanship Qualification Badge with Machinegun Bar (M-60) and the Expert Marksmanship Qualification Badge with Rifle Bar (M-16).  

4.  The applicant's DA Form 20 shows that he received ratings of "excellent" in conduct and efficiency.  Item 42 (Remarks) contains the entry, "RE-3B, Not Qualified for Reenlistment.  Item 44 (Time Lost Under Section 972, Title 10, United States Code and Subsequent to Normal Date ETS) of his DA Form 20 shows he was absent without leave (AWOL) 2 days.

5.  The applicant was honorably released from active duty at the expiration of his term of service, in pay grade E-3, on 1 February 1971, and was transferred to the United States Army Reserve Control Group (Reinforcement).  He was assigned a Reentry Eligibility (RE) Code 3B.  Item 26a (Non-Pay Period Time Lost (Preceding Two Years) shows the entry 20 October 1969 – 21 October 1969.

6.  The applicant's DD Form 214, Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized), lists the following awards:  the National Defense Service Medal, the Vietnam Service Medal with one bronze service star, the Marksman Marksmanship Qualification Badge with Machinegun Bar (M-60), and the Expert Marksmanship Qualification Badge with Rifle Bar (M-16).  The Good Conduct Medal, the Expert Marksmanship Qualification Badge with Rifle Bar (M-14), and the Marksman Marksmanship Qualification Badge with Rifle Bar (M-16) are not listed.

7.  The applicant's records and Item 41 (Awards and Decorations) of his DA Form 20 do not show he was awarded the Marksman Marksmanship Qualification Badge with Rifle Bar (M-16).  

8.  Army Regulation 635-5 (Personnel Separation – Separation Documents), in effect at the time, provided that the inclusive dates of non-pay/time lost during the preceding 2 years would be listed in Item 26a.

9.  Army Regulation 672-5-1 (Awards), in effect at the time, provided that the Good Conduct Medal was awarded for exemplary behavior, efficiency, and fidelity in active Federal military service.  The Good Conduct Medal was awarded to any member of the United States military who completed 3 consecutive years of "honorable and faithful service."  Such service implied that a standard enlistment was completed without any non-judicial punishments, disciplinary infractions, or court-martial offenses.  If a service member committed an offense, the 3-year mark "reset" and a service member was required to perform an additional 3 years before the Good Conduct Medal could be authorized.  

10.  Army Regulation 600-8-22 (Military Awards) authorizes 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 campaign or service medal including the Vietnam Service Medal.  

11.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows that the applicant's unit, 1st Battalion, 12th Infantry, was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period October 1966 to 20 July 1969, by Department of the Army General Orders Number 3, dated 1970; and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 1 October 1966 to 31 October 1969, by Headquarters, Department of the Army General Orders Number 53, dated 1970.  These unit awards are not shown on the applicant's DD Form 214.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant received "excellent" conduct and efficiency ratings from 31 January 1968 through 1 February 1971; however, his DA Form 20 and DD Form 214 show he incurred 2 days of lost time, was found disqualified for reenlistment, and was assigned a RE Code of 3B.  In the absence of evidence to the contrary, it appears he was found disqualified for award of the Good Conduct Medal during this period of service.  Therefore, the available evidence is not sufficient to support award of the Good Conduct Medal and to add it to the applicant’s DD Form 214. 
2.  There is no evidence the applicant was awarded the Marksman Marksmanship Qualification Badge with Rifle Bar (M-16).  Therefore, he is not entitled to correction to his DD Form 214 to show this badge.

3.  The evidence of record confirms the applicant was awarded the Expert Marksmanship Qualification Badge with Rifle Bar (M-14) on 28 March 1968.  Therefore, he is entitled to correction to his DD Form 214 to show this badge.

4.  The available evidence also confirms the applicant is entitled to award of one additional bronze service star to be affixed to his already-awarded Vietnam Service Medal with one bronze service star and correction to his DD Form 214 to show this additional bronze service star for a total of two bronze service stars.

5.  General Orders show the applicant is entitled to wear the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.  Therefore, it would be appropriate to correct his records to show these foreign unit awards on his DD Form 214.

6.  In view of the foregoing, the applicant’s records should be corrected as recommended below.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____x___  ___x____  ____x___  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

   a.  amending the applicant's DD Form 214 to add award of the Expert Marksmanship Qualification Badge with Rifle Bar (M-14);

	b.  issuing the applicant one additional bronze service star to be affixed to his already-awarded Vietnam Service Medal with one bronze service star, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation; and 

	c.  providing him a corrected separation document to add the above awards.

2.  The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to award of the Good Conduct Medal and amending his DD Form 214 to show award of the Good Conduct Medal and the Marksman Marksmanship Qualification Badge with Rifle Bar 
(M-16). 



      _______ _   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)                                         AR20090006285



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ABCMR Record of Proceedings (cont)                                         AR20090006285



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