IN THE CASE OF:	  

		BOARD DATE:	  7 December 2010

		DOCKET NUMBER:  AR20100013348 


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 he was awarded the Bronze Star Medal, three Presidential Unit Citations, and any other medals not listed on his DD Form 214.

2.  The applicant states he received all of the requested awards; however, they were never listed on his DD Form 214.

3.  The applicant provides copies of his DD Form 214, dated 5 January 1971, and State of Illinois Department of Veterans Affairs Form 200, dated 13 April 2010.

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.  He was inducted into the Army of the United States on 6 January 1969 and completed training as a light weapons infantryman.

3.  On 11 March 1969, Special Orders Number 070 were published awarding the applicant the Expert Marksmanship Qualification Badge with Rifle and Hand Grenade Bars.

4.  Special Orders Number 72 were published on 9 April 1969 awarding the applicant the Sharpshooter Marksmanship Qualification Badge with Automatic Rifle Bar.

5.  Special Orders Number 81 were published on 21 April 1969 awarding him the Expert Marksmanship Qualification Badge with Machine Gun Bar.

6.  He arrived in Vietnam on 5 June 1969 and he was assigned to Company A, 1st Battalion (Airmobile), 12th Cavalry, 1st Cavalry Division.  While in Vietnam, the applicant participated in the following four campaigns:

* Tet 69 Counteroffensive Campaign which extended from 23 February 1969 through 8 June 1969
* Vietnam Summer-Fall 1969 Campaign which extended from 9 June 1969 through 31 October 1969
* Vietnam Winter-Spring 1970 Campaign which extended from 1 November 1969 through 30 April 1970
* Sanctuary Counteroffensive Campaign which extended from 1 May 1970 through 30 June 1970

7.  The applicant departed Vietnam en route to the United States on 4 June 1970.  He was honorably released from active duty on 5 January 1971 and he was transferred to the U.S. Army Reserve Control Group (Annual Training) to complete his service obligation.

8.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of the DD Form 214 he received shows the:

* National Defense Service Medal
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* Air Medal
* Combat Infantryman Badge

9.  The applicant's conduct and efficiency ratings were "excellent" while he was in the Army and there is no evidence in his records of any court-martial convictions, personnel actions, or statements that would justify his disqualification for award of the Army Good Conduct Medal.

10.  There are no orders in his record showing he was awarded the Bronze Star Medal.

11.  A review of the Awards and Decorations Computer-Assisted Retrieval System, an index of general orders issued during the Vietnam Era between 1965 and 1973 maintained by the Military Awards Branch of the U.S. Army Human Resources Command, failed to reveal any orders awarding him the Bronze Star Medal.

12.  Army Regulation 600-8-22 (Military Awards) states the Presidential Unit Citation is awarded for extraordinary heroism in action.  A unit must display such gallantry, determination, and esprit de corps in accomplishing its mission as would warrant award of the Distinguished Service Cross to an individual.

13.  Army Regulation 600-8-22 states that a bronze service star is worn on the appropriate service ribbon, to include the Vietnam Service Medal, for each credited campaign.

14.  Army Regulation 672-5-1 (Military Awards), in effect at the time, stated the Army Good Conduct Medal was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940; for the first award only, 1 year served entirely during the period 7 December 1941 to 2 March 1946; and, for the first award only, upon termination of service on or after 27 June 1950 of less than 3 years but more than 1 year.  The enlisted person must have had all "excellent" conduct and efficiency ratings.  Ratings of "unknown" for portions of the period under consideration were not disqualifying.  Service school efficiency ratings based upon academic proficiency of at least "good" rendered subsequent to 22 November 1955 were not disqualifying.  There must have been no convictions by a court-martial.  However, there was no right or entitlement to the medal until the immediate commander made a positive recommendation for its award and until the awarding authority announced the award in general orders.

15.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam.  This pamphlet shows the unit to which the applicant was assigned was cited for award of the:

* Valorous Unit Award for the period 1 May 1970 through 29 June 1970 by Department of the Army General Orders (DAGO) Number 43, dated 1972
* Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period May 1969 through February 1970 by DAGO Number 11, dated 1973, as amended by DAGO Number 42, dated 1972
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 1 January 1969 through 1 February 1970 by DAGO Number 42, dated 1972

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contentions have been noted.  However, there is no evidence in the available record, nor has he provided any evidence, showing he was awarded the Bronze Star Medal and three Presidential Unit Citations.  Therefore, these awards should not be included on his DD Form 214.

2.  The applicant's conduct and efficiency ratings were "excellent" while he was in the Army and there is no evidence in his records of any court-martial convictions, personnel actions, or statements that would justify his disqualification for award of the Army Good Conduct Medal.  Therefore, he should be awarded the Army Good Conduct Medal for exemplary service from 6 January 1969 through 5 January 1971 and this award should be added to his DD Form 214.

3.  The applicant is authorized the following awards that should be added to his DD Form 214:

* Valorous Unit Award
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation
* Expert Marksmanship Qualification Badge with Rifle, Machine Gun, and Hand Grenade Bars
* Sharpshooter Marksmanship Qualification Badge with Automatic Rifle Bar
* four bronze service stars to be affixed to his already-awarded Vietnam Service Medal


BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____X___  ___X____  ___X____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined the evidence presented is 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 exemplary service from 6 January 1969 through 5 January 1971 and

	b.  amending his DD Form 214, dated 5 January 1971, to add the:

* Army Good Conduct Medal
* Valorous Unit Award
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation
* Expert Marksmanship Qualification Badge with Rifle, Machine Gun, and Hand Grenade Bars
* Sharpshooter Marksmanship Qualification Badge with Automatic Rifle Bar
* four bronze service stars to be affixed to his already-awarded Vietnam Service Medal

2.  The Board further determined 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 amending his DD Form 214 to show he was awarded the Bronze Star Medal and three Presidential Unit Citations.



      _____________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)                                         AR20100013348



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ABCMR Record of Proceedings (cont)                                         AR20100013348



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