IN THE CASE OF:	  

		BOARD DATE:	  1 February 2011

		DOCKET NUMBER:  AR20100019972 


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, in effect, correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show award of the Combat Infantryman Badge, Bronze Star Medal (1st Oak Leaf Cluster), and the Expert Marksmanship Qualification Badge with Rifle Bar (M-16).

2.  The applicant states the clerk at the out-processing station in Oakland, CA made mistakes when preparing his DD Form 214.

3.  The applicant 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 13 May 1969 and he was awarded military occupational specialty 11B (Light Weapons Infantryman).  He served in Vietnam where he was assigned to:

* 6th Battalion, 31st Infantry, 9th Infantry Division from on or about 20 May 1970 through 24 September 1970
* 5 Battalion, 7th Cavalry, 1st Cavalry Division (Airmobile) from
25 September 1970 to 11 March 1971

3.  Headquarters, U.S. Army Training Center, Fort Polk, LA, Special Orders Number 161, dated 7 July 1969, awarded him the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14).

4.  Headquarters, U.S. Army Training Center, Fort Polk, Special Orders Number 176, dated 22 July 1969, awarded him the Expert Marksmanship Qualification Badge with Rifle Bar (M-16).

5.  Headquarters, U.S. Army Training Center, Fort Polk, Special Orders Number 214, dated 4 September 1969, awarded him the Sharpshooter Marksmanship Qualification Badge with Machinegun Bar (M-60).

6. Headquarters, 3d Brigade, 9th Infantry Division, Special Orders Number 208, dated 27 July 1970, awarded him the Combat Infantryman Badge effective 27 July 1970.

7.  Headquarters, 1st Cavalry Division General Orders Number 22070, dated 23 December 1970, awarded him the Air Medal (2nd Award) for meritorious achievement while participating in aerial flight in Vietnam.

8.  Headquarters, 1st Cavalry Division General Orders Number 2892, dated 13 February 1971, awarded him the Bronze Star Medal (1st Oak Leaf Cluster) for meritorious service in connection with ground operations against a hostile enemy force in Vietnam for the period May 1970 - March 1971.

9.  He was honorably released from active duty on 14 March 1971 in the rank/grade of sergeant (SGT)/E-5 and he was transferred to the U.S. Army Reserve (USAR) Control Group (Annual Training) to complete his remaining Reserve obligation.  He completed 1 year, 10 months, and 1 day of total active service.

10.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the 


National Defense Service Medal, Vietnam Service Medal, Republic of Vietnam Campaign Medal with Device (1960), Air Medal, Bronze Star Medal, and the Army Commendation Medal.

11.  Item 38 (Record of Assignments) of his DA Form 20 (Enlisted Qualification Record) shows he received all "excellent" conduct and efficiency ratings throughout his service.  His record is void of any record of disciplinary actions or a commander's disqualification for the award of the Army Good Conduct Medal.

12.  Army Regulation 672-5-1 (Military Awards), in effect at the time, provided that the Army Good Conduct Medal was awarded to individuals who completed a qualifying period of active duty enlisted service.  For the first award only, an individual is eligible upon termination of service on or after 27 June 1950 of less than 3 years but more than 1 year, ending with the termination of a period of Federal military service.  The enlisted person must have had all "excellent" conduct and efficiency ratings and no convictions by a court-martial.

13.  Army Regulation 600-8-22 (Military Awards), paragraph 2-13, contains the regulatory guidance on the Vietnam Service Medal.  It states 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, he participated in the following two campaigns:

* Sanctuary Counteroffensive (1 May - 30 June 1970)
* Vietnam Counteroffensive Phase VII (1 July 1970 - 30 June 1971)

14.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows that at the time of his assignment to
6th Battalion, 31st Infantry, this unit was cited for award of the:

* Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 29 July 1969 - 20 July 1970 by Department of the Army (DAGO) Number 55, dated 1971
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 26 July 1969 - 20 July 1970, by DAGO Number 59, dated 1971

15.  Department of the Army Pamphlet 672-3 shows that at the time of his assignment to 5th Battalion, 7th Cavalry, this unit was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period
21 February 1970 - 28 February 1971.

16. Department of the Army Pamphlet 672-3, paragraph 6 (Miscellaneous Information) states that not more than one award of the Republic of Vietnam 
Gallantry Cross Unit Citation may be worn by any individual.  Although wear of multiple awards of this unit citation badge is not authorized, official military personnel and historical records will indicate all awards received.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows he was awarded the Bronze Star Medal
(1st Oak Leaf Cluster), Air Medal (2nd Award), Combat Infantryman Badge, Expert Marksmanship Qualification Badge with Rifle Bar (M-16) Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14), and the Sharpshooter Marksmanship Qualification Badge with Machinegun Bar (M-60), which are not shown on his DD Form 214,  Therefore, he is entitled to correction of his
DD Form 214 to show these awards.

2.  His record shows he honorably served from 13 May 1969 through 14 March 1971.  He received all "excellent" conduct and efficiency ratings throughout his military service and he attained the rank/grade of SGT/E-5.  His record is also void of any derogatory information that would have disqualified him from receiving the first award of the Army Good Conduct Medal.  Therefore, it would be appropriate to award him the first award of the Army Good Conduct Medal and to correction his DD Form 214 to show this award.

3.  He participated in two campaigns while serving in Vietnam.  Therefore, he is entitled to two bronze service stars for wear on his already-awarded Vietnam Service Medal and correction of his DD Form 214 to show these bronze service stars.

4.  General orders awarded his units in Vietnam two awards of the Republic of Vietnam Gallantry Cross with Palm Unit Citation and one award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation while he was assigned to Vietnam.  Although he is only authorized to wear one award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation, he is entitled to correction of his DD Form 214 to show all of these unit awards.

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 Bronze Star Medal, Air Medal, and the Vietnam Service Medal;

	b.  awarding him the Army Good Conduct Medal (1st Award) for the period 13 May 1969 through 14 March 1971; and

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

* Bronze Star Medal (1st Oak Leaf Cluster)
* Air Medal (2nd Award)
* Army Good Conduct Medal (1st Award)
* Vietnam Service Medal with two bronze service stars
* Republic of Vietnam Gallantry Cross with Palm Unit Citation (2 awards)
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation
* Combat Infantryman Badge
* Expert Marksmanship Qualification Badge with Rifle Bar (M-16)
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)
* Sharpshooter Marksmanship Qualification Badge with Machinegun Bar (M-60)



      ___________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)                                         AR20100019972



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ABCMR Record of Proceedings (cont)                                         AR20100019972



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