IN THE CASE OF:	  

		BOARD DATE:	  27 January 2011

		DOCKET NUMBER:  AR20100018579 


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 Air Medal, Army Good Conduct Medal, and authorized unit citations.

2.  He states he did not know these medals had been awarded to him when the DD Form 214 was completed.  He would like to have his DD Form 214 brought up to date.

3.  He provides:

* Air Medal orders and certificate
* DA Form 1577 (Authorization for Issuance of Awards)
* list of the 3rd Battalion, 21st Infantry, awarded citations

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 military records show he was inducted into the Army of the United States on 19 May 1970.  He completed training and was awarded military occupational specialty 11B (Light Weapons Infantryman).

3.  He served in Vietnam from 9 November 1970 through 8 November 1971 during two campaigns.  He was assigned to the 23rd Administrative Company, Replacement Detachment from 14 to 21 November 1970; Company A, 3rd Battalion, 21st Infantry, 196th Infantry Brigade from 22 November 1970 to 24 September 1971; and Headquarters and Headquarters Company, 3rd Battalion, 21st Infantry, 196th Infantry Brigade from 25 September to 6 October 1971.

4.  General Orders Number 00261, issued by the 196th Infantry Brigade on 28 December 1971 awarded him the Air Medal for meritorious achievement from 11 November 1970 to 27 June 1971.  He also provided the resulting certificate.

5.  He was honorably released from active duty as an overseas returnee in pay grade E-4 on 14 December 1971 and he was transferred to the U.S. Army Reserve Control Group.

6.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows he was awarded the National Defense Service Medal, the Combat Infantryman Badge, the Bronze Star Medal, the Army Commendation Medal, the Republic of Vietnam Campaign Medal, and the Vietnam Service Medal, and an overseas bar..

7.  Item 41 (Awards and Decorations) of his DA Form 20 (Enlisted Qualification Record) shows he was awarded the Sharpshooter Marksmanship Qualification Badge with Rifle Bar and Expert Marksmanship Qualification Badge with Machine Gun Bar (M-60).

8.  His record shows he received ratings of "excellent" in conduct and efficiency throughout his military service.

9.  He provided a list of the 3rd Battalion, 21st Infantry, awarded citations extracted from Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) showing the unit awards authorized for service from May 1969 to 9 October 1971.  He also provided a DA Form 1577, dated 30 August 1989, which advised him of his entitlement to the Army Good Conduct Medal.
10.  Army Regulation 600-8-22 (Military Awards) states the Army Good Conduct Medal is awarded to individuals who distinguish themselves by their conduct, efficiency, and fidelity during a qualifying 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.  Although there is no automatic entitlement to the Army Good Conduct Medal, disqualification must be justified.

11.  Army Regulation 600-8-22 also states a bronze service star is authorized with the Vietnam Service Medal for each Vietnam campaign a member is credited with participating in.

12.  Department of the Army Pamphlet 672-3 shows the 3rd Battalion, 21st Infantry, was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation from 1 March 1971 to 9 October 1971 based on Department of the Army General Orders Number 6, dated 1974.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record confirms the applicant was awarded the Air Medal and this award is not shown on his DD Form 214.  Therefore, it would be appropriate to correct his DD Form 214 to show this award.

2.  The applicant attained pay grade E-4, served in Vietnam, and received "excellent" conduct and efficiency ratings throughout his service.  He is therefore entitled to award of the Army Good Conduct Medal (1st Award) for the period 19 May 1970 through 14 December 1971 and to have it added to his DD Form 214.

3.  The evidence of record further confirms he was awarded the Sharpshooter Marksmanship Qualification Badge with Rifle Bar and Expert Marksmanship Qualification Badge with Machine Gun Bar (M-60).  He is also entitled to two bronze service stars to be affixed to his already-awarded Vietnam Service Medal. 
Therefore, it is appropriate to correct his DD Form 214 to show these awards.

4.  General orders awarded his unit the Republic of Vietnam Gallantry Cross with Palm Unit Citation during his period of assignment.  Therefore, it is appropriate to correct his records to show this unit award.

5.  In view of the foregoing, his records should be corrected as recommended below.


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 Army Good Conduct Medal (1st Award) for his honorable period of service from 19 May 1970 through 14 December 1971;

	b.  adding the Air Medal, Army Good Conduct Medal, two bronze service stars to be affixed to his already-awarded Vietnam Service Medal, Expert Marksmanship Qualification Badge with Rifle Bar (M-60), Sharpshooter Marksmanship Qualification Badge with Rifle Bar, and Republic of Vietnam Gallantry Cross with Palm Unit Citation to item 24 of his DD Form 214; and

	c.  providing him a corrected separation document.



      ____________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)                                         AR20100018579



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20100018579



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1