IN THE CASE OF:	  

		BOARD DATE:	  6 January 2011

		DOCKET NUMBER:  AR20100016754 


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 Air Medal.  He also requests the issuance of the Air Medal.

2.  The applicant states:

* he is trying to receive the medals he didn't get
* he only has the Combat Infantryman Badge, Bronze Star Medal, and Vietnam Campaign Medal
* he has an award certificate for the Air Medal, but not the medal

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 enlisted in the Regular Army on 16 June 1964 for a period of 3 years.  He arrived in Vietnam on 20 December 1965.  He served as a light weapons infantryman assigned to Company C, 2nd Battalion, 8th Cavalry, 1st Cavalry Division, in Vietnam from 26 December 1965 to 23 December 1966.  On 15 June 1967, the applicant was released from active duty in the temporary rank of sergeant after completing 3 years 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, Combat Infantryman Badge, Republic of Vietnam Campaign Medal with Device (1960), two overseas service bars, and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar as authorized awards.

4.  Headquarters, 1st Cavalry Division (Airmobile), General Orders Number 3941, dated 2 December 1966, show the applicant received the Bronze Star Medal for meritorious service during the period 20 December 1965 to 19 December 1966.

5.  Headquarters, 1st Cavalry Division (Airmobile), General Orders Number 3961, dated 4 December 1966, show the applicant received the Air Medal for the period 12 December 1965 to 13 October 1966.

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

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

8.  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 2nd Battalion, 8th Cavalry, was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation based on Department of the Army General Orders Number 59, dated 1969.



9.  Army Regulation 672-5-1 (Military 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) states the Vietnam Service Medal is awarded to all members of the Armed Forces of the United States for qualifying service in Vietnam after 3 July 1965 through 28 March 1973.  This same regulation states a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each credited campaign.

DISCUSSION AND CONCLUSIONS:

1.  Orders show the applicant received the Bronze Star Medal and Air Medal.  Therefore, his DD Form 214 should be corrected to show these medals.

2.  The applicant was released from active duty in the temporary rank of sergeant after completing 3 years of honorable active service with no time lost and no record of any disciplinary actions taken against him.  Therefore, it appears he met the eligibility criteria for the first award of the Army Good Conduct Medal based on completion of a period of qualifying service of 3 years from 16 June 1964 through 15 June 1967.  Therefore, he should be awarded the Army Good Conduct Medal and his DD Form 214 should be corrected to show this award.

3.  Based on the applicant's service in Vietnam and participation in three campaigns, he is entitled to award of the Vietnam Service Medal with three bronze service stars.  Therefore, his DD Form 214 should be corrected to show this award.

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 the evidence presented is 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 Army Good Conduct Medal for the period 16 June 1964 through 15 June 1967; 

	b.  adding the Bronze Star Medal, Air Medal, Army Good Conduct Medal, Vietnam Service Medal with three bronze service stars, and Republic of Vietnam Gallantry Cross with Palm Unit Citation to item 24 of his DD Form 214; and

	c.  issuing to him all awards to which he is entitled.




      _______ _   _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)                                         AR20100016754



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ABCMR Record of Proceedings (cont)                                         AR20100016754



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