IN THE CASE OF:	  

		BOARD DATE:	  22 July 2010

		DOCKET NUMBER:  AR20100000140 


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 correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show two awards of the Bronze Star Medal and the Combat Infantryman Badge.

2.  The applicant states these awards were never entered on his DD Form 214.

3.  The applicant provides copies of his DD Form 214 and orders for each Bronze Star Medal and the Combat Infantryman Badge.

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.  On 15 April 1968, the applicant was inducted into the Army of the United States for 2 years.  He completed his initial training and was awarded military occupational specialty 11D (Armor Reconnaissance Specialist).  He was subsequently assigned to Fort Knox, Kentucky.

3.  Special Orders Number 44, U.S. Army Training Center, Armor, Fort Knox, Kentucky, dated 13 February 1969, awarded the applicant the Expert Marksmanship Qualification Badge with Rifle Bar.

4.  On 18 February 1969, the applicant departed Fort Knox for duty in the Republic of Vietnam.

5.  On 30 March 1969, he was assigned to the 2nd Battalion (Mechanized), 2nd Infantry Regiment, 1st Infantry Division.

6.  The 1st Infantry Division published the following orders:

	a.  Special Orders Number 147, dated 27 May 1969, awarding the applicant the Combat Infantryman Badge;

	b.  General Orders Number 15887, dated 23 November 1969, awarding him the Bronze Star Medal for meritorious achievement; and

	c.  General Orders Number 1100, dated 27 January 1970, awarding him the Bronze Star Medal with First Oak Leaf Cluster for meritorious service.

7.  On 16 March 1970, the applicant returned to the United States.

8.  On 20 March 1970, the applicant was released from active duty.  He had attained the rank of sergeant/pay grade E-5 and had completed 1 year, 11 months, and 6 days of creditable active duty service.

9.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 lists his awards as the National Defense Service Medal, Vietnam Service Medal, Vietnam Campaign Medal, and the Army Commendation Medal with First Oak Leaf Cluster.

10.  A review of the applicant's records indicates entitlement to additional awards and decorations that are not shown on his DD Form 214.

11.  Item 38 (Record of Assignments) of the applicant's DA Form 20 (Enlisted Qualification Record) shows that his conduct and efficiency ratings were "excellent."  The applicant's records do not contain any evidence of disciplinary action.  There is no evidence to show his commander took any action to deny him the Army Good Conduct Medal.

12.  Army Regulation 672-5-1 (Military Awards), in effect at the time, provided that the Army Good Conduct Medal was awarded to enlisted Soldiers who completed a qualified period of active duty enlisted service.  This period was 3 years except in those cases when the period for the first award ended 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.

13.  Appendix B of Army Regulation 600-8-22 (Military Awards) shows that based on the applicant's dates of service in the Republic of Vietnam, participation credit was awarded for the following three campaign periods:  the Tet 69 Counteroffensive, the Vietnam Summer-Fall 1969, and the Vietnam Winter-Spring 1970.  This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.

14.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in the Republic of Vietnam.  This pamphlet shows that the 2nd Battalion, 1st Infantry Regiment, was cited in Department of the Army General Orders Number 42, dated 1972, for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation and in Department of the Army General Orders Number 43, dated 1972, for award of the Valorous Unit Award during the time of the applicant's assignment.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 should be corrected to show two awards of the Bronze Star Medal and the Combat Infantryman Badge.

2.  The applicant's records clearly show he distinguished himself in the performance of his military service as evidenced by his attaining the rank of sergeant, receiving multiple awards for meritorious service, and achieving "excellent" conduct and efficiency ratings.  Therefore, it is presumed that not receiving an Army Good Conduct Medal for his service was an oversight.  Accordingly, he should be awarded this medal.

3.  General orders show the applicant was awarded the Bronze Star Medal and Bronze Star Medal with Oak Leaf Cluster.  Therefore, his records should be corrected to show these awards.

4.  Records show the applicant participated in three campaign periods during his service in the Republic of Vietnam.  Therefore, he is eligible for award of three bronze service stars to be affixed to his already-awarded Vietnam Service Medal.

5.  Special orders show the applicant was awarded the Combat Infantryman Badge and the Expert Marksmanship Qualification Badge with Rifle Bar.  Therefore, his records should be corrected to show these two badges.

6.  The applicant's unit was cited in general orders for award of 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.

BOARD VOTE:

___X____  ___X____  ___X____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined 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 15 April 1968 to 20 March 1970 and

	b.  showing that, in addition to the awards already shown on his DD Form 214, his awards include the Bronze Star Medal with 1st Oak Leaf Cluster, Army Good Conduct Medal, three bronze service stars to be affixed to his already-awarded Vietnam Service Medal, Republic of Vietnam Gallantry Cross 


with Palm Unit Citation, Valorous Unit Award, Combat Infantryman Badge, and Expert Marksmanship Qualification Badge with Rifle Bar.



      ___________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)                                         AR20100000140



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ABCMR Record of Proceedings (cont)                                         AR20100000140



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