IN THE CASE OF:	  

		BOARD DATE:	  29 July 2010

		DOCKET NUMBER:  AR20100000797 


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 the Air Medal, the Combat Infantryman Badge, and the Republic of Vietnam Campaign Medal with Device 1960 be added to his 
DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).

2.  The applicant states the awards were not entered on his DD Form 214 upon his discharge.

3.  The applicant provides copies of:

* orders showing award of the Air Medal
* orders showing award of the Combat Infantryman Badge
* his DD Form 214
* a letter, dated 25 December 2009, from the National Personnel Records Center

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 personnel records show he was inducted into the Army of the United States on 19 January 1970.  He completed basic combat training and advanced individual training and was awarded the military occupational specialty of 11B (Light Weapons Infantryman).

3.  Headquarters, Second Advanced Infantry Training (AIT) Brigade, U.S. Army Training Center (USATC), Infantry, Fort Ord, CA Special Orders Number 83, dated 24 April 1970, awarded the applicant the Sharpshooter Marksmanship Qualification Badge with Pistol Bar.

4.  Headquarters, Second AIT Brigade, USATC, Infantry, Fort Ord Special Orders Number 93, dated 6 May 1970, awarded the applicant the Sharpshooter Marksmanship Qualification Badge with Automatic Rifle Bar.  The weapon used for this qualification was the M-16 Automatic Rifle.

5.  The applicant was in the Republic of Vietnam from 30 June 1970 to 15 June 1971.  He was assigned to Company A, 1st Battalion (Airmobile), 501st Infantry from 11 July 1970 to 12 June 1971.

6.  Headquarters, 101st Airborne Division (Airmobile) Special Order Number 32, dated 1 February 1971, awarded the applicant the Combat Infantryman Badge effective 28 January 1971.

7.  Headquarters, 101st Airborne Division (Airmobile) General Orders Number 5335, dated 29 June 1971, awarded the applicant the Air Medal.

8.  The applicant's DA Form 20 (Enlisted Qualification Record) shows he qualified for the Sharpshooter Marksmanship Qualification Badge with Rifle Bar and cites Special Order 93, Headquarters, U.S. Army Training Center (HQUSATC), Fort Ord, dated 6 May 1970.

9.  On 8 October 1971, the applicant was released from active duty.  He had completed 1 year, 8 months, and 6 days of active service that was characterized as honorable.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant’s DD Form 214
does not show he was awarded or is authorized the Air Medal, the Combat Infantryman Badge, and the Republic of Vietnam Campaign Medal with Device 1960.  Item 24 does show he was awarded the Sharpshooter Marksmanship Qualification Badge with Rifle Bar and he is authorized the Vietnam Service Medal with one bronze service star.

10.  There is no evidence the applicant received the first award of the Army Good Conduct Medal.  There also is no evidence the applicant was disqualified by his chain of command from receiving the Army Good Conduct Medal.  Records do not show indiscipline or lost time.  His records do not contain any adverse information and he received conduct and efficiency ratings of “excellent” throughout his service.

11.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists campaign participation credit, assault landing credit, unit citation emblems awarded during the Vietnam Conflict.  This document shows that, during the time of the applicant’s assignment to the 
1st Battalion, 501st Infantry the unit received the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 1 March - 9 October 1971.

12.  Based on the applicant's dates of service in Vietnam, Table B-1 of Army Regulation 600-8-22 (Military Awards) shows he served in the:

* DA Sanctuary Counteroffensive Campaign (1 May 1970 - 30 June 1970)
* Vietnam Counteroffensive Phase VII Campaign (1 July 1970 - 30 June 1971)

13.  Army Regulation 672-5-1 (Military Awards), in effect at the time, provided that the Army Good Conduct Medal was awarded to individuals who had completed a qualified period of active duty enlisted service.  This period was each 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.  Ratings of "unknown" for portions of the period under consideration were not disqualifying.  

14.  Army Regulation 600-8-22 provides for award of the Republic of Vietnam Campaign Medal with Device 1960.  This medal was awarded by the Government of the Republic of Vietnam to all members of the Armed Forces of the United States for qualifying service in Republic of Vietnam during the period 
1 March 1961 through 28 March 1973.  Qualifying service included assignment in the Republic of Vietnam for 6 months or more.  Qualifying service outside the geographical limits of the Republic of Vietnam required the individual to provide direct combat support to the Republic of Vietnam and Armed Forces.  This regulation further provides that individuals who served less than 6 months and were wounded by hostile forces are entitled to award of the Republic of Vietnam Campaign Medal with Device 1960).

15.  Army Regulation 600-8-22 authorizes award of a bronze service star based on qualifying service for each campaign listed in Appendix B of this regulation.  The regulation states that authorized bronze service stars will be worn on the appropriate campaign and service medal, which in this case is the Vietnam Service Medal.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends the Air Medal, the Combat Infantryman Badge, and the Republic of Vietnam Campaign Medal with Device 1960 should be added to his DD Form 214.

2.  Orders show the applicant was awarded the Air Medal and the Combat Infantryman Badge.  Therefore, these awards should be included on his 
DD Form 214.

3.  In the absence of evidence showing disqualification, the applicant is entitled to the first award of the Army Good Conduct Medal based on completion of qualifying service from 19 January 1970 to 8 October 1971 ending with the termination of a period of Federal military service.

4.  The applicant participated in two campaigns during his service in Vietnam.  Therefore, he is entitled to two bronze service stars to be worn on his Vietnam Service Medal.  

5.  Based on the applicant's service with the 1st Battalion, 501st Infantry he is authorized the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

6.  The applicant was assigned in the Republic of Vietnam for more than 
6 months.  Therefore, he is authorized the Republic of Vietnam Campaign Medal with Device 1960.

7.  The applicant was awarded the Sharpshooter Marksmanship Qualification Badge with Pistol Bar.  Special Order 93, HQUSATC, Fort Ord, dated 6 May 1970, awarded the applicant the Sharpshooter Marksmanship Qualification Badge with Automatic Rifle Bar and not the Rifle Bar as indicated on his DA Form 20 and DD Form 214.  Therefore, the correct entry on his DD Form 214 should read Sharpshooter Marksmanship Qualification Badge with Pistol Bar and Automatic Rifle Bar.


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 of service from 19 January 1970 to 8 October 1971;

   b.  deleting Sharpshooter (Rifle) from his DD Form 214; and

   c.  adding to item 24 of the applicant's DD Form 214 the following awards:

* Air Medal
* Army Good Conduct Medal
* Vietnam Service Medal with two bronze service stars
* Combat Infantryman Badge
* Sharpshooter Marksmanship Qualification Badge with Pistol Bar and Automatic Rifle Bar
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Campaign Medal with Device 1960



      __________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)                                         AR20100000797



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ABCMR Record of Proceedings (cont)                                         AR20100000797



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