IN THE CASE OF:	  

		BOARD DATE:	  8 February 2011

		DOCKET NUMBER:  AR20100019873 


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 to his DD Form 214 (Armed Forces of the United States report of Transfer or Discharge) to show award of the Army Good Conduct Medal and all and any unit citations he is entitled to.

2.  He states the Army Good Conduct Medal is missing from his DD Form 214 and unit citations were not indicated as well.  He is very proud of his service to his country.  He earned and received the Army Good Conduct Medal and he would like to have it indicated on his DD Form 214 and his unit citations as well.

3.  He provides his DD Form 214.

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 26 June 1969.  He completed training and he was awarded military occupational specialty 11C (Infantryman Indirect Fire Crewman).  He served in Vietnam from
3 December 1969 to 5 November 1970.  He was assigned to Company D,
1st Battalion, 7th Cavalry, 1st Cavalry Division (Airmobile).

3.  He was honorably released from active duty on 25 June 1971 at the expiration of his term of service in the rank/grade of sergeant (SGT)/E-5.

4.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaigns Ribbons Awarded or Authorized) of his 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)
* Combat Infantryman Badge
* Purple Heart
* Bronze Star Medal with Oak Leaf Cluster and “V” Device
* Army Commendation Medal
* Air Medal

5.  Item 38 (Record of Assignments) of his DA Form 20 (Enlisted Qualification Record) shows he received "excellent" conduct and efficiency ratings throughout his service.  There is no evidence of any disciplinary action during his period of active service.  There also is no evidence of a commander's disqualification for the first award of the Army Good Conduct Medal.  

6.  Item 41 (Awards and Decorations) of his DA Form 20 also shows he was awarded the Sharpshooter Marksmanship Qualification Badge with Rifle Bar
(M-16).

7.  Army Regulation 672-5-1 (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 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.  There must have been no convictions by a court-martial.

8.  Army Regulation 600-8-22, paragraph 2-13, contains the regulatory guidance on the Vietnam Service Medal.  It states, in pertinent part, that a bronze service star is authorized with this award for each Vietnam campaign a member is credited with participating in.  Appendix B shows that during his service in Vietnam, the applicant participated in the following three campaigns:

* Vietnam Winter - Spring 1970 (1 November 1969 - 30 April 1970)
* Sanctuary Counteroffensive (1 May - 30 June 1970)
* Vietnam Counteroffensive Phase VII (1 July 1970 - 30 June 1971)

9.  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 his unit, Company D, 1st Battalion, 7th Cavalry, 1st Cavalry Division, was cited for the:

* Valorous Unit Award for the period 1 May - 29 June 1970 by Department of Army General Orders (DAGO) Number 43, dated 1972
* Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 17 September 1965 - June 1972 by DAGO Number 54, dated 1974
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period January 1969 - 1 February 1970 by DAGO Number 42, dated 1972

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record appears to show the applicant met the criteria for the first award of the Army Good Conduct Medal; however, for unknown reasons he was not awarded this award.  There is no evidence of record which shows he was disqualified by his commander for this award.  Therefore, he is entitled to the Army Good Conduct Medal (1st Award) for the period 26 June 1969 through
25 June 1971 and correction of his DD Form 214 to show this award.

2.  The evidence of record also shows he was awarded the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16) and this award is not shown on his DD Form 214.  Therefore, he is also entitled to correction of his DD Form 214 to show this weapon qualification.

3.  He participated in three campaigns while he served in the Vietnam.  Therefore, he is entitled to award of three bronze service stars for wear on his already-awarded Vietnam Service Medal and correction of his DD Form 214 to show the additional bronze service star.

4.  The applicant's unit in Vietnam during his period of assignment was cited for award of the Valorous Unit Award, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.  Therefore, his DD Form 214 should be corrected to show these unit awards.

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 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.  deleting from item 24 of his DD Form 214 the Vietnam Service Medal with two bronze service stars;

	b.  awarding him the Army Good Conduct Medal (1st Award) for the period 26 June 1969 through 25 June 1971; and

	c.  adding to Item 24 of his DD Form 214 the:

* Army Good Conduct Medal (1st Award)
* Vietnam Service Medal with three bronze service stars
* 
Valorous Unit Award
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)




      ___________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)                                         AR20100019873



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ABCMR Record of Proceedings (cont)                                         AR20100019873



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