IN THE CASE OF:	 

		BOARD DATE:	  5 August 2010

		DOCKET NUMBER:  AR20100007620 


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 Bronze Star Medal, the Air Medal, the Army Commendation Medal with "V" Device and Oak Leaf Cluster, and the Combat Infantryman Badge be added to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).

2.  The applicant states these awards failed to be included on his DD Form 214.

3.  The applicant provides the following in support of his application:

* DD Form 214, effective 20 January 1971
* Headquarters, 1st Cavalry Division (Airmobile) Special Orders Number 
77, dated 18 March 1970
* Headquarters, 1st Cavalry Division (Airmobile) General Orders Number 19256 dated 6 November 1970
* Headquarters, 1st Cavalry Division (Airmobile) General Orders Number 20227, dated 19 November 1970
* Headquarters, 1st Cavalry Division (Airmobile) General Orders Number 10664, dated 20 June 1970

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 record shows that he enlisted in the Regular Army on 
5 February 1969.  He completed basic and advanced individual training and was awarded military occupational specialty 11B (Light Weapons Infantryman).

3.  On 25 September 1969, the applicant accepted nonjudicial punishment under Article 15, Uniform Code of Military Justice, for failing to obey a lawful order to secure all valuables.  

4.  Item 31 (Foreign Service) of his DA Form 20 (Enlisted Qualification Record) shows he served in the Republic of Vietnam during the period 11 February 1970 through 19 November 1970, during the following three campaigns:

* Vietnam Winter-Spring, 1 November 1969 to 30 April 1970
* DA Sanctuary Counteroffensive, 1 May 1970 to 30 June 1970
* Vietnam Counteroffensive, Phase VII, 1 July 1970 to 30 June 1971

5.  Item 38 (Record of Assignments) of his DA Form 20 shows that during his tour of duty in the Republic of Vietnam he was assigned to Company H, 75th Infantry,1st Cavalry Division (Airmobile) performing duties in MOS 
11B (Rifleman).

6.  Item 24 of his DD Form 214 shows he earned the National Defense Service Medal, the Vietnam Service Medal, the Army Commendation Medal with "V" device, and an unknown level of a Marksmanship Qualification Badge with Rifle Bar.

7.  His record contains official orders for the following awards:

	a.  Combat Infantryman Badge, Headquarters, 1st Cavalry Division (Airmobile) Special Orders Number 77, dated 18 March 1970;

	b.  Army Commendation Medal with "V" device for heroism in connection with military operations against a hostile force in the Republic of Vietnam on 
19 May 1970, Headquarters, 1st Cavalry Division (Airmobile) General Orders Number 10664 dated 20 June 1970;
	c.  Army Commendation Medal with "V" device for heroism in connection with military operations against a hostile force in the Republic of Vietnam on 
24 September 1970, Headquarters, 1st Cavalry Division (Airmobile) General Orders Number 19256 dated 6 November 1970;

	d.  Air Medal for the period January to July 1970, Headquarters, 1st Cavalry Division (Airmobile) General Orders Number 20227, dated 19 November 1970; and

	e.  Bronze Star Medal (1st Oak Leaf Cluster) for the period January 1970 to January 1971, Headquarters, 1st Cavalry Division (Airmobile) General Orders number 20710, dated 29 November 1970.

8.  He was honorably released from active duty in the pay grade of E-5 on 
20 January 1971 and was transferred to the U. S. Army Reserve Control Group (Reinforcement) to complete his remaining Reserve obligation.

9.  Item 38 of his DA Form 20 shows he received primarily "excellent" conduct and efficiency ratings during his military service with one "good" efficiency rating in academics.

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

11.  Army Regulation 672-5-1 provides that the Good Conduct Medal is awarded to individuals who have completed a qualified 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.  The enlisted person must have had all “excellent” conduct and efficiency ratings and no convictions by a court-martial.  Service and efficiency ratings based upon academic proficiency of at least "Good" rendered subsequent to 22 November 1955 are not disqualifying.

12.  Paragraph 2-13 of this regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.

13.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows that H Company, 75th Infantry was awarded the Valorous Unit Award from 1 May 1970 to 29 June 1970 based on Department of the Army General Orders 43, dated 1972; and the Republic of Vietnam Gallantry Cross with Palm Unit Citation from 1 May 1969 to 28 February 1970 and 21 February 1970 to 28 February 1971 based on Department of the Army General Orders Number 42, dated 1972.

14.  Paragraph 6 of Department of the Army Pamphlet 672-3 states not more than one Vietnam Gallantry Cross Unit Citation will be worn by any individual, thereby precluding wear of the Vietnamese Fourragere that represents multiple awards of the Vietnam Gallantry Cross.  The regulation provides that, although multiple awards of this unit citation are not authorized for wear, official military and historical records will indicate all awards received.  However, the regulation also states that in the case of duplicate awards covering the same period of time only one award will be recorded in official military and historical records.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request to have the Bronze Star Medal, the Air Medal, the Army Commendation Medal with "V" Device and Oak Leaf Cluster, and the Combat Infantryman Badge added to his DD Form 214 was carefully considered and there is sufficient evidence to grant relief.

2.  The evidence confirms the applicant participated in three campaigns while serving in Vietnam.  Therefore, he is also entitled to award of three bronze service stars to be affixed to his previously-awarded Vietnam Service Medal.

3.  The record contains general orders awarding him the Bronze Star Medal (1st Oak Leaf Cluster), the Air Medal, two Army Commendation Medals with "V" Device, and the Combat Infantryman Badge.  It is appropriate to correct his record to show these awards.

4.  General orders awarded his unit the Valorous Unit Award.  Therefore, it would also be appropriate to correct his records to show this unit award.

5.  General orders twice awarded the applicant's unit the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  In accordance with regulatory guidance, no individual will wear more than one of this award.  The regulation provides that, although multiple awards of this unit citation are not authorized for wear, official military and historical records will indicate all awards received.  Therefore, the applicant's records should be corrected to show both awards of this foreign unit award.

6.  The evidence of record clearly shows the applicant had "excellent" conduct and efficiency ratings, with only one "good" academic rating, throughout his service in the Army.  Although there is evidence of minor indiscipline on one occasion during his service, this minor indiscipline should not over-shadow his achievements while in the Republic of Vietnam.  While in the Army, he attained the rank and pay grade of sergeant/E-5, and was awarded two awards for heroism.  He should be awarded the Army Good Conduct Medal for the period 
5 February 1969 to 20 January 1971 and it should be added to his DD Form 214.

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

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 item 24 of the applicant's DD Form 214 be corrected by:

	a.  awarding him the Army Good Conduct Medal for the period from 
5 February 1969 to 20 January 1971;

	b.  deleting the Army Commendation Medal with "V" device; and

	c.  adding the Bronze Star Medal with Oak Leaf Cluster, the Air Medal, the Combat Infantryman Badge, the Army Commendation Medal with "V" device and Oak Leaf Cluster, the Army Good Conduct Medal, the Valorous Unit Award, two awards of the Republic of Vietnam Gallantry Cross with Palm Unit Citations; and three bronze service stars to be affixed to his previously-awarded Vietnam Service Medal.



      _______ _   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)                                         AR20100007620





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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


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ABCMR Record of Proceedings (co