BOARD DATE:	  19 April 2011

		DOCKET NUMBER:  AR20100020122 


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 DA Form 1577 (Authorization for Issuance of Awards) and DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show the:

* Air Medal
* Bronze Star Medal
* Pistol Qualification Badge
* Mortar Qualification Badge

2.  He states these awards are not listed on his DA Form 1577 or his
DD Form 214.

3.  He provides a copy of his DA Form 1577; DD Form 214; and orders, citation, and certificate for the award of the Bronze Star Medal and the Air Medal.

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 5 March 1969 for 2 years.  He served in the Republic of Vietnam from 14 March 1970 to 5 January 1971 while assigned to the 1st Battalion, 327th Infantry.  He was honorably released from active duty on 10 January 1971 as an early release for school.  He completed
1 year, 10 months, and 6 days of creditable active service.

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

* National Defense Service Medal
* Expert Marksmanship Qualification Badge with Rifle Bar (M-16)
* Combat Infantryman Badge
* Army Commendation Medal
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* one overseas service bar

4.  General Orders Number 14262, issued by Headquarters, 101st Airborne Division, dated 6 December 1970, awarded him the Bronze Star Medal for meritorious service in conjunction with ground operations against a hostile force in the Republic of Vietnam from 1 March 1970 to 30 November 1970.

5.  General Orders Number 14886, issued by the same headquarters, dated
19 December 1970, awarded him the Air Medal for meritorious achievement while participating in aerial flight in the Republic of Vietnam from 30 May 1970 to
12 November 1970.

6.  His DA Form 1577, which was generated by the, Army Personnel Center, St. Louis, MO., indicates that he should be issued the Army Good Conduct Medal, National Defense Service Medal, Vietnam Service Medal with 3 bronze service stars, and the Republic of Vietnam Campaign Medal with Device (1960).

7.  There are no orders or documentation that shows he qualified with the pistol or mortar.


8.  His DA Form 20 (Enlisted Qualification Record) shows he received all "excellent" conduct and efficiency ratings throughout his service.  There is no record of any Article 15's, courts-martial, or any type of adverse action in his available records.  There is also no record of a commander's disqualification for the Army Good Conduct Medal.

9.  Review of his DD Form 214 indicates that he is entitled to additional awards that are not shown on this form.

10.  Special Orders Number 1112, issued by Headquarters, U.S. Training Center, Infantry, Fort Bragg, NC, dated 22 April 1969, shows he qualified as a marksman with the M-14 rifle.

11.  Army Regulation 672-5-1 (Military Awards), in effect at the time, provides that the Army Good Conduct Medal is awarded to individuals who have completed a qualified 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.  The enlisted person must have had all “excellent” conduct and efficiency ratings and no convictions by a court-martial.

12.  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 that 1st Battalion, 327th Infantry, to which the applicant was assigned, was cited for award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 18 March 1968 through 2 May 1970 by Department of the Army General Orders (DAGO) Number 48, dated 1971.

13.  Department of the Army Pamphlet 672-3, paragraph 6d, states that DAGO Number 8, dated 1974, announced award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to Headquarters, U.S. Army Vietnam, and its subordinate units, during the period 20 July 1965 to 28 March 1973.

14.  Army Regulation 600-8-22 (Military Awards), 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 1970 - 30 June 1970)
* Vietnamese Counteroffensive Phase VII (1 July 1970 - 30 June 1971)

DISCUSSION AND CONCLUSIONS:

1.  General orders verify that the applicant was awarded the Bronze Star Medal and the Air Medal for service in Vietnam.  Therefore, he is entitled to correction of his DD Form 214 to show these awards.

2.  There is no evidence and he has not provided any to show that he qualified with the pistol or the mortar.  In the absence of documentation or orders awarding him the pistol or mortar qualification badges there is an insufficient basis to correct his DD Form 214 to show these qualification badges.

3.  The evidence of record shows he received "excellent" conduct and efficiency ratings and he had no adverse actions or a commander's disqualification for award of the Army Good Conduct Medal.  Therefore, he is entitled to award of the Army Good Conduct Medal (1st Award) for the period 5 March 1969 through 10 January 1971 and correction of his DD Form 214 to show this award.

4.  Orders verify that he qualified as a marksman with the M14 rifle.  Therefore, he is entitled to correction of his DD Form 214 to show this qualification badge.

5.  The applicant's unit was cited for award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation during his period of assignment.  Therefore, his DD Form 214 should be corrected to show this unit award.

6.  Headquarters, U.S. Army Vietnam, and its subordinate units were cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation during his period of service in Vietnam.  Therefore, his DD Form 214 should be corrected to show this unit award.

7.  The applicant participated in three campaigns during his service in Vietnam.  Therefore he is entitled to three 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.

8.  The DA Form 1577 shows awards the applicant is authorized to have issued.  However, the documentation used to verify his entitlement to these awards is not included.  Although this form is a permanent part of his official record, it was never intended to be a detailed historical record of his entitlement to awards and decorations, nor was the form intended for use outside, or beyond an individual's military service.  Therefore, there is no basis to correct this form.  

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___x_____  ___x_____  ___x__  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant a recommendation for partial 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;

	b.  awarding him the Army Good Conduct Medal (1st Award) for the period
5 March 1969 through 10 January 1971; and

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

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

2.  The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to correcting DA Form 1577, and adding a pistol and mortar qualification badge to 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)                                         AR20100020122



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20100020122



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1