BOARD DATE:	  10 June 2010

		DOCKET NUMBER:  AR20090021186 


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, correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show the Bronze Star Medal (BSM) and the Army Commendation Medal (ARCOM). 

2.  The applicant states, in effect, the awards are not included in his DD Form 214.

3.  The applicant provides a copy of his DD Form 214, orders for the BSM, and ARCOM Citation 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 was inducted into the Army of the United States on 24 June 1968 and upon completion of initial entry training he was awarded military occupational specialty 11D (Armor Reconnaissance Specialist).

3.  Item 31 (Foreign Service) of the applicant's DA Form 20 (Enlisted Qualification Record) shows he served in the Republic of Vietnam (RVN) from 
23 November 1968 to 22 November 1969.  Item 38 (Record of Assignments) shows he was assigned to Headquarters and Headquarters Company (HHC), 2nd Battalion (Mechanized), 2nd Infantry, 1st Infantry Division from 1 December 1968 to 14 August 1969 and to HHC, 1st Brigade, 1st Infantry Division from 
15 August 1969 to 13 November 1969.  Item 38 further shows that he received "excellent" conduct and efficiency ratings at all of his active duty assignments.  

4.  On 23 June 1970, the applicant was honorably released from active duty, in the rank of specialist four (SP4)/E-4, after completing 2 years of creditable active military service with no lost time.  His DD Form 214 shows he earned the following awards:

* National Defense Service Medal
* Combat Infantryman Badge
* Vietnam Service Medal with three bronze service stars
* Vietnam Campaign Medal with device 1960

5.  Headquarters, 1st Infantry Division, General Orders Number 10891, dated 
18 September 1969, awarded the applicant the BSM with "V" (Valor) device for actions on 27 May 1969.

6.  Headquarters, 1st Infantry Division, General Orders Number 13451, dated 
21 October 1969, awarded the applicant the ARCOM for service from December 1968 to August 1969.

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

8.  Headquarters, US Army Training Center, Infantry, Fort Polk, Louisiana, Special Orders Number 205, dated 13 August 1968, awarded the applicant the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14).

9.  Headquarters, 2nd Combat Support Training Brigade, Fort Knox, Kentucky, Special Orders Number 114, dated 15 October 1968, awarded the applicant the Expert Marksmanship Qualification Badge with Machinegun Bar (M-60).

10.  Headquarters, US Army Training Center, Armor, Fort Knox, Kentucky, Special Orders Number 305, dated 31 October 1968, awarded the applicant the Expert Marksmanship Qualification Badge with Rifle Bar (M-16).

11.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in the RVN.  This publication shows that 2nd Battalion, 2nd Infantry, during the time of the applicant's assignment, was cited for the following unit awards:

* Valorous Unit Award by Department of the Army General Orders (DAGO) Number 50, dated in 1971, for the period 23-25 May 1969
* Republic of Vietnam Gallantry Cross with Palm Unit Citation by DAGO Number 2, dated 1971, for the period 5 June to 6 September 1969 
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation by DAGO Number 53, dated 1970, for the period October 1965 to 7 April 1970

12.  Department of the Army Pamphlet 672-3 shows that during the applicant's assignment to HHC, 1st Brigade, 1st Infantry Division, it was cited for the Republic of Vietnam Gallantry Cross with Palm Unit Citation by DAGO Number 2, dated 1971, for the period 23 September 1969 to 15 February 1970.

13.  Army Regulation 672-5-1 (Military Awards), in effect at the time, provided policy and criteria concerning individual military decorations.  It stated that the Army Good Conduct Medal was awarded for each 3 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 3 years but more than 1 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 contention that his DD Form 214 should be corrected to show award of the BSM and ARCOM has been carefully reviewed and found to have merit.

2.  Orders show the applicant was awarded the BSM with "V" device and the ARCOM.  Therefore, he is entitled to have his records corrected to show these awards.

3.  Orders show the applicant was awarded the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14), the Expert Marksmanship Qualification Badge with Machinegun Bar (M-60), and the Expert Marksmanship Qualification Badge with Rifle Bar (M-16).  Therefore, these badges should be added to his DD Form 214.

4.  The applicant was assigned to a unit during a period of time that unit was awarded the Valorous Unit Award , the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.  These unit awards should also be added to his DD Form 214.

5.  The applicant was also assigned to a different unit during a period of time that unit was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  Therefore, he is entitled to have his DD Form 214 corrected to show two awards of the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

6.  The applicant was released from active duty in the rank of SSP4/E-4 with       2 years of creditable active service with no lost time.  He has no derogatory information in his records and his conduct and efficiency were rated as "excellent' throughout his service.  Therefore, it appears the applicant met the eligibility criteria for award of the Army Good Conduct Medal for the period 24 June 1968 to 23 June 1970.

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 24 June 1968 23 June 1970;

	b.  amending his DD Form 214 by adding the Bronze Star Medal with "V" device, Army Commendation Medal, Army Good Conduct Medal, Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14), Expert Marksmanship Qualification Badge with Machinegun Bar (M-60), Expert Marksmanship Qualification Badge with Rifle Bar (M-16), Valorous Unit Award, the Republic of Vietnam Gallantry Cross with Palm Unit Citation (2nd award), and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.

	c.  providing him a corrected document that shows the above corrections.




      _______ _   _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)                                         AR20090021186





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ABCMR Record of Proceedings (cont)                                         AR20090021186



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