BOARD DATE:	19 October 2010  

		DOCKET NUMBER:  AR20100011175 


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 the following awards:

* Good Conduct Medal
* Bronze Star Medal

2.  The applicant states he received the medals but they are not listed on his 
DD Form 214.

3.  The applicant did not provide any additional documentary evidence. 

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 records show he was inducted into the Army of the United States on 22 January 1969 and he held military occupational specialty 11D (Armor Reconnaissance Specialist).  The highest rank/grade he attained during his military service was specialist four (SP4)/E-4.

3.  His records further show he served in the Republic of Vietnam from 21 January 1969 to 5 June 1970.  He was assigned to Troop B, 1st Squadron, 10th Cavalry.  He was injured in Vietnam and he was subsequently transferred to Walter Reed Army Medical Center for treatment.  He was honorably retired on 12 November 1970 by reason of permanent physical disability after completing   1 year, 9 months, and 21 days of creditable active service with no lost time.

4.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the Purple Heart, National Defense Service Medal, Vietnam Gallantry Cross with Palm Unit Citation, Vietnam Service Medal, Republic of Vietnam Campaign Medal with Device (1960), Combat Infantryman Badge, and Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14 and M-16).

5.  Headquarters, 4th Infantry Division, General Orders Number 3017, dated 25 November 1970, awarded him the Bronze Star Medal for meritorious achievement in connection with military operations against a hostile enemy in Vietnam.

6.  His record is void of official orders awarding him the Good Conduct Medal.  His record is also void of any derogatory information in the form of a court-martial, lost time, nonjudicial punishment, or a suspension of favorable personnel actions that would have disqualified him from receiving his first award of the Good Conduct Medal.  Additionally, item 38 (Record of Assignment) of his DA Form 20 (Enlisted Qualification Record) shows he received "excellent" conduct and efficiency ratings throughout his military service.

7.  Army Regulation 672-5-1 (Military Awards), in effect at the time, provided that the Army Good Conduct Medal was awarded to individuals who have 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 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.  

8.  Headquarters, Department of the Army General Orders Number 53, dated 1970, awarded his unit of assignment in Vietnam, the 1st Squadron, 10th Cavalry, the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, for service from 1 October 1966 to 31 October 1969.
9.  Headquarters, U.S. Army Training Center, Infantry, Fort Benning, GA, Special Orders Number 56, dated 8 March 1969, awarded him the Sharpshooter Marksmanship Qualification Badge with Grenade Bar.

10.  Headquarters, 2nd Combat Support Training Brigade, Fort Knox, KY, Special Orders Number 71, dated 3 May 1969, awarded him the Second Class (Marksman) Marksmanship Qualification Badge with Machinegun Bar (M-60).

11.  Appendix B of Army Regulation 600-8-22 (Military Awards) shows that he participated in 3 campaigns during his service in Vietnam:  The Vietnam Summer - Fall 1969 (9 June 1969 to 31 October 1969), the Vietnam Winter - Spring (1 November 1969 to 30 April 1970), and the DA Sanctuary Counteroffensive, (1 May 1970 to 30 June 1970).  This regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends his DD Form 214 should be corrected to show the Good Conduct Medal and the Bronze Star Medal.

2.  General orders awarded him the Bronze Star Medal which is not shown on his DD Form 214; therefore, he is entitled to correction of his DD Form 214 to show this award.

3.  The evidence of record confirms he served honorably from 22 January 1969 through 12 November 1970.  He received "excellent" conduct and efficiency ratings throughout this period of military service.  He was awarded the Purple Heart, Bronze Star Medal, and the Combat Infantryman Badge, and he attained the rank/grade of SP4/E-4.  In the absence of derogatory information that would have disqualified him for award of the Good Conduct Medal it would be appropriate to award him this medal based on completion of qualifying service ending with the termination of a period of Federal military service.  Therefore, he is entitled to correction of his DD Form 214 to show this award.

4.  General orders awarded the applicant's unit (the 1st Squadron, 10th Cavalry) the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation when he was assigned to the unit.  This unit award is not shown on his DD Form 214; therefore, he is entitled to correction of his DD Form 214 to show this unit award.

5.  The evidence of record shows he was awarded the Vietnam Service Medal.  He participated in three campaigns while serving in Vietnam; therefore, he is entitled to award of three bronze service stars for wear on his Vietnam Service Medal.

6.  The evidence of record shows he was awarded the Sharpshooter Marksmanship Qualification Badge with Grenade Bar and the Marksman Marksmanship Qualification Badge with Machinegun Bar (M-60).  These badges should also be added to his DD Form 214.

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 Good Conduct Medal (1st Award) for exemplary behavior, efficiency, and fidelity during the period 22 January 1969 through 12 November 1970; and 

	b.  adding to his DD Form 214, the Bronze Star Medal, Good Conduct Medal (1st Award), Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, Sharpshooter Marksmanship Qualification Badge with Grenade Bar, Marksman Marksmanship Qualification Badge with Machinegun Bar (M-60), and three bronze service stars to be affixed to his already-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)                                         AR20100011175



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ABCMR Record of Proceedings (cont)                                         AR20100011175



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