IN THE CASE OF:	  

		BOARD DATE:	  26 April 2011

		DOCKET NUMBER:  AR20100021872 


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 his rank as sergeant/pay grade E-5 and award of:

* Bronze Star Medal
* Air Medal
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Combat Infantryman Badge

2.  The applicant makes no additional statement.

3.  The applicant provides copies of his DD Form 214; a letter from the National Personnel Records Center; a DA Form 1577 (Authorization and Issuance of Awards); orders awarding him the Combat Infantryman Badge; orders, certificate, and citation for award of the Bronze Star Medal; and orders for award of 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.  On 22 March 1968, the applicant was inducted into the Army of the United States.  He completed his initial training and was awarded military occupational specialty 11B (Light Weapons Infantryman).

3.  On 26 July 1968, the applicant departed Fort Polk, Louisiana, for duty in the Republic of Vietnam.

	a.  On 3 September 1968, he was assigned as a rifleman with Company B, 2nd Battalion, 502nd Infantry Regiment.

	b.  On 22 December 1968, he was advanced to specialist four (SP4)/pay grade E-4.

	c.  On 22 December 1968, he was reassigned within his company to duty as an automatic rifleman.

4.  The applicant provided the following orders:

	a.  Special Orders Number 313, 101st Airborne Division, dated 8 November 1968, awarding him the Combat Infantryman Badge;

	b.  General Orders Number 6101, 101st Airborne Division, dated 31 May 1969, awarding him the Bronze Star Medal for meritorious service during the period 1 September 1968 to 30 April 1969; and

	c.  General Orders Number 7521, 101st Airborne Division, dated 23 June 1969, awarding him the Air Medal for meritorious achievement on 10 June 1969.

	d.  On 15 August 1969, he departed Vietnam.

5.  On 15 August 1969, the applicant departed Vietnam.  On 30 September 1969, he was assigned for duty as a military policeman at Fort Riley, Kansas.

6.  On 20 March 1970, the applicant was released from active duty.  He attained the rank of SP4/pay grade E-4 and completed 1 year, 11 months, and 29 days of creditable active duty service.

7.  The applicant's DD Form 214 shows:

	a.  in item 5a (Grade, Rate or Rank) and item 5b (Pay Grade), SP4 and E-4, respectively; and

	b.  item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized), his awards as the National Defense Service Medal, Vietnam Campaign Medal, Vietnam Service Medal, Army Commendation Medal, Sharpshooter Marksmanship Qualification Badge with Rifle (M-14) Bar, Expert Marksmanship Qualification Badge with Machine Gun (M-60) Bar, and Marksman Marksmanship Qualification Badge with Rifle (M-16) Bar.

8.  A review of the applicant's records indicates entitlement to additional awards and decorations that are not shown on his DD Form 214.

9.  Item 38 (Record of Assignments) of the applicant's DA Form 20 (Enlisted Qualification Record) shows that his conduct and efficiency ratings were "excellent."  The applicant's records do not contain any evidence of disciplinary action.  There is no evidence to show his commander took any action to deny him the Army Good Conduct Medal.

10.  Army Regulation 600-8-22 (Military Awards) shows that based on the applicant's dates of service in the Republic of Vietnam, he participated in the Vietnam Counteroffensive Phase V, the Vietnam Counteroffensive Phase VI, the Tet 69 Counteroffensive 1969, and the Vietnam Summer-Fall 1969 campaigns.  This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.

11.  Army Regulation 600-8-22 authorizes award of the Republic of Vietnam Campaign Medal with Device (1960).  This medal was awarded by the Government of Vietnam to all members of the Armed Forces of the United States for qualifying service in Vietnam during the period 1 March 1961 through 28 March 1973.  Qualifying service included assignment in Vietnam for 6 months or more.  

12.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in the Republic of Vietnam.  This pamphlet shows the 2nd Battalion, 502nd Infantry 


Regiment, was cited in Department of the Army General Orders Number 48, dated 1971, for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation during the time of the applicant's assignment.

13.  Army Regulation 672-5-1 (Decorations and Awards), in effect at the time, provided that the Army Good Conduct Medal was awarded to enlisted Soldiers who completed a qualified period of active duty enlisted service.  This period was 3 years except in those cases when the period for the first award ended 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.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 should be corrected to show his rank as sergeant/pay grade E-5 and to add:

* Bronze Star Medal
* Air Medal
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Combat Infantryman Badge

2.  The evidence of record clearly shows the applicant attained the rank of specialist four/pay grade E-4 and was released from active duty as such.  There is no documentary evidence showing he was ever promoted to any higher rank or pay grade.  Therefore, his request to show his rank as sergeant/pay grade E-5 should be denied.

3.  The special and general orders provided by the applicant are sufficiently convincing as a basis for correcting his DD Form 214 to show he was awarded the Bronze Star Medal, Air Medal, and Combat Infantryman Badge.

4.  The applicant's records clearly show he distinguished himself in the performance of his military service as evidenced by achieving all "excellent" conduct and efficiency ratings.  Therefore, it is presumed that his not receiving an Army Good Conduct Medal for his service was an oversight.  Accordingly, he should be awarded this medal.



5.  Records show the applicant participated in four campaigns during his service in the Republic of Vietnam.  Therefore, he is authorized four bronze service stars to be affixed to his Vietnam Service Medal.

6.  Records show the applicant's unit was cited in general orders for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.  Therefore, his records should be corrected to show these foreign unit awards.

7.  Records show the applicant served during a qualifying period for award of the Republic of Vietnam Campaign Medal with Device (1960).  Therefore, his records should be corrected to show this award with the device.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___X____  ____X___  ____X___  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined the evidence presented is 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.  awarding him the Army Good Conduct Medal (1st Award) for the period 22 March 1968 to 20 March 1970;

	b.  deleting the Vietnam Service Medal and the Vietnam Campaign Medal from his DD Form 214; and

	c.  adding the Bronze Star Medal, Air Medal, Army Good Conduct Medal (1st Award), Vietnam Service Medal with four bronze service stars, Republic of Vietnam Campaign Medal with Device (1960), Republic of Vietnam Gallantry Cross with Palm Unit Citation, Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, and Combat Infantryman Badge to his DD Form 214.



2.  The Board further determined 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 showing his rank as sergeant/pay grade E-5.



      __________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)                                         AR20100021872



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ABCMR Record of Proceedings (cont)                                         AR20100021872



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