BOARD DATE:	  9 November 2010

		DOCKET NUMBER:  AR20100011530 


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 award of the Bronze Star Medal and the Expert Marksmanship Qualification Badge with Rifle (M-16) Bar.

2.  The applicant states that his Bronze Star Medal was omitted from his DD Form 214.  He further contends that he had qualified as an expert with the M-16 rifle while assigned at Fort Leonard Wood, Missouri.

3.  The applicant provides copies of his DD Form 214, orders awarding him the Bronze Star Medal, and a list of the campaigns during the war in the Republic of Vietnam. 

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 7 May 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 11B (Light Weapons Infantryman).

3.  Item 41 (Awards and Decorations) of the applicant's DA Form 20 (Enlisted Qualification Record) indicates that he qualified as a marksman with the M-14 rifle in basic training.  While in advanced individual training, he qualified as a marksman with the M-16 rifle and as an expert with the M-60 machine gun.

4.  On 14 September 1968, the applicant departed Fort Leonard Wood, Missouri, for duty in the Republic of Vietnam.

5.  On 24 October 1968, the applicant was assigned to D Company, 4th Battalion, 21st Infantry Regiment, 11th Infantry Brigade.

6.  General Orders Number 8327, Americal Division, dated 22 August 1969, awarded the applicant the Air Medal for meritorious achievement while participating in aerial flight during the period from 11 February to 15 July 1969.

7.  General Orders Number 12568, Americal Division, dated 12 December 1969, awarded the applicant the Bronze Star Medal for meritorious service during the period from October 1968 to December 1969.

8.  On 6 December 1969, the applicant returned to the United States.

9.  On 8 December 1969, the applicant was released from active duty.  He had attained the rank of sergeant, pay grade E-5, and had completed 1 year, 
7 months and 2 days of creditable active duty.

10.  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, Republic of Vietnam Campaign Medal, Combat Infantryman Badge, Army Commendation Medal, Marksman Marksmanship Qualification Badge with Rifle (M-14 and M-16) Bar, and the Expert Marksmanship Qualification Badge with Machinegun (M-60) Bar.

11.  Item 38 (Record of Assignments) of the applicant's DA Form 20 shows that his conduct and efficiency ratings were always excellent.

12.  Army Regulation 672-5-1 (Awards), in effect at the time, provided that the [Army] Good Conduct Medal was awarded to enlisted Soldiers who had 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.  Ratings of "unknown" for portions of the period under consideration are not disqualifying.  Service school efficiency ratings based upon academic proficiency of at least "good" rendered subsequent to 22 November 1955 are not disqualifying.

13.  Appendix B of Army Regulation 600-8-22 shows that based on the applicant's dates of service in the Republic of Vietnam, he participated in the following five campaign periods: the Vietnam Advisory; the Vietnam Counteroffensive, Phase V; the Vietnam Counteroffensive, Phase VI; 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.  A silver service star denotes participation in five campaigns.

14.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in the Republic of Vietnam.  This publication shows that the 4th Battalion, 21st Infantry Regiment, during the time of the applicant's assignment, was cited in Department of the Army General Orders Number 2, dated in 1971, for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 should be corrected to show award of the Bronze Star Medal and the Expert Marksmanship Qualification Badge with Rifle (M-16) Bar.

2.  There is no evidence of record showing that the applicant had qualified as an expert with the M-16 rifle.  Therefore, his request to show award of the Expert Marksmanship Qualification Badge with Rifle Bar should be denied.

3.  General orders awarded the applicant the Air Medal and the Bronze Star Medal.  Therefore, these two awards should be shown on his DD Form 214.

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

5.  Records show that the applicant participated in five campaign periods during his service in the Republic of Vietnam.  Therefore, he is eligible for award of a silver service star to be affixed to his already-awarded Vietnam Service Medal

6.  The applicant's unit was cited in general orders for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  Therefore, his records should be corrected to show this foreign unit award.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___x____  ____x___  ____x___  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant a recommendation for partial 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 from 7 May 1968 to 8 December 1969; and

	b.  showing, in addition to the awards already shown on his DD Form 214, that his awards include the Air Medal, Bronze Star Medal, Army Good Conduct Medal, a silver service star to be affixed to his already-awarded Vietnam Service Medal, and the Republic of Vietnam Gallantry Cross with Palm Unit Citation.











2.  The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to the 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)                                         AR20100011530





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ABCMR Record of Proceedings (cont)                                         AR20100011530



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