BOARD DATE:	  16 December 2010

		DOCKET NUMBER:  AR20100016483 


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 (Report of Transfer or Discharge) to show award of the Army Commendation Medal. 

2.  The applicant states he was awarded this medal in Vietnam in 1971.

3.  The applicant provides no documentary evidence in support of his application.

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 was inducted into the Army of the United States on 25 August 1970.  He arrived in Vietnam on 16 February 1971.  He served as a light weapons infantryman assigned to Company A, 1st Battalion, 327th Infantry in Vietnam from 4 March 1971 to 21 January 1972.  On 24 January 1972, he was released from active duty in the rank of specialist four after completing 1 year and 5 months of creditable active service with no time lost.

3.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 shows the National Defense Service Medal, Vietnam Service Medal with two bronze service stars, Republic of Vietnam Campaign Medal with Device (1960), and Air Medal as authorized awards.

4.  Headquarters, 101st Airborne Division (Airmobile) Special Orders Number 139, dated 18 May 1971, show the applicant received the Combat Infantryman Badge.

5.  Headquarters, 101st Airborne Division (Airmobile) General Orders Number 12118, dated 14 December 1971, show the applicant received the Army Commendation Medal for meritorious service during the period March 1971 to February 1972.

6.  There is no evidence the applicant received the first award of the Good Conduct Medal.  There also is no evidence the applicant was disqualified by his chain of command from receiving the Good Conduct Medal.  His records show he received conduct and efficiency ratings of "excellent" throughout his service.

7.  Records show the applicant participated in three campaigns during his assignment in Vietnam.

8.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in Vietnam.  This document shows the applicant's unit at the time of his assignment was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation  by Department of the Army General Orders 48, dated 1971.

9.  Army Regulation 672-5-1 (Awards), in effect at the time, provided policy and criteria concerning individual military decorations.  It stated that 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 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.  At the time, a Soldier's conduct and efficiency ratings must have been rated as "excellent" for the entire period of qualifying service.


10.  Army Regulation 600-8-22 (Military Awards) authorizes award of a bronze service star based on qualifying service for each campaign listed in appendix B and states that authorized bronze service stars will be worn on the appropriate service medal, including the Vietnam Service Medal.

DISCUSSION AND CONCLUSIONS:

1.  Orders show the applicant received the Army Commendation Medal and Combat Infantryman Badge.  Therefore, his DD Form 214 should be corrected to show these awards.

2.  The applicant was separated in the rank of specialist four with 17 months of creditable active service with no time lost.  It appears the applicant met the eligibility criteria for the first award of the Army Good Conduct Medal for the period 25 August 1970 through 24 January 1972 based on completion of a period of qualifying service ending with the termination of a period of Federal military service.  Therefore, his DD Form 214 should be corrected to show this award.

3.  The applicant's DD Form 214 shows the Vietnam Service Medal with two bronze service stars.  However, he participated in three campaigns during his assignment in Vietnam which entitles him to award of the Vietnam Service Medal with three bronze service stars.  Therefore, his DD Form 214 should be corrected to show the authorized service stars.

4.  The applicant's unit was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation while he was assigned to it.  Therefore, his DD Form 214 should be corrected to show this unit award.

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 first award of the Good Conduct Medal for the period 
25 August 1970 through 24 January 1972; 

	b.  deleting the entry "VIETNAM SERVICE MEDAL W/2 STARS" in item 24 of his DD Form 214; and 

	c.  adding the Army Commendation Medal, Combat Infantryman Badge, Good Conduct Medal, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and Vietnam Service Medal with three bronze service stars to item 24 of his DD Form 214.      



      _______ _   _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)                                         AR20100016483





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ABCMR Record of Proceedings (cont)                                         AR20100016483



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