IN THE CASE OF:	  

		BOARD DATE:	  22 March 2011

		DOCKET NUMBER:  AR20100022002 


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 the following awards be added to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge):

* Bronze Star Medal
* Army Good Conduct Medal
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Campaign Medal with Device (1960)

2.  The applicant states these awards are missing from his DD Form 214.

3.  The applicant provides:

* orders for the Bronze Star Medal
* his DD Form 214
* DA Form 1577 (Authorization for Issuance of Awards) 

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 17 January 1969.  He completed basic combat training and advanced individual training and was awarded the military occupational specialty of 11B (Light Weapons Infantryman).

3.  Headquarters, 1st Advanced Individual Training Brigade, U.S. Army Training Center, Infantry, Fort Dix, NJ Special Orders Number 94, dated 29 April 1969, listed him as qualifying with the M60 Machinegun as 1st Gunner (now known as sharpshooter).

4.  He was assigned to the Republic of Vietnam on 14 January 1970 and he served with 1st Battalion, 11th Infantry from 24 January to 2 December 1970.  He was promoted to sergeant/pay grade E-5 effective 5 October 1970.

5.  Headquarters, 1st Infantry Brigade, 5th Infantry Division (Mechanized) General Orders Number 2062, dated 28 November 1970, awarded him the Bronze Star Medal for meritorious service.

6.  On 3 December 1970, he was released from active duty.  He had completed
1 year, 10 months, and 17 days of active service that was characterized as honorable.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows he was awarded or is authorized the:

* National Defense Service Medal
* Vietnam Service Medal
* Combat Infantryman Badge
* Army Commendation Medal
* Marksman Marksmanship Qualification Badge (M-14)

7.  There is no evidence the applicant received the Army Good Conduct Medal (1st Award).  There also is no evidence the applicant was disqualified by his chain of command from receiving the medal.  His records do not show any indiscipline, lost time, or adverse information, and he received conduct and efficiency ratings of “excellent” throughout his period of service.


8.  Based on the applicant's dates of service in Vietnam, Table B-1 of Army Regulation 600-8-22 (Military Awards) shows he served in the:

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

9.  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 all units assigned in Vietnam from 
8 February 1962 through 28 March 1973 were awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

10.  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 
* first award only, upon termination of service on or after 27 June 1950 of less than 3 years but more than 1 year 

11.  The enlisted person must have had all "excellent" conduct and efficiency ratings.  Ratings of "Unknown" for portions of the period under consideration were not disqualifying.  Service school efficiency ratings based upon academic proficiency of at least "Good" rendered subsequent to 22 November 1955 were not disqualifying.  There must have been no convictions by a court-martial. However, there was no right or entitlement to the medal until the immediate commander made a positive recommendation for its award and until the awarding authority announced the award in general orders.

12.  Army Regulation 600-8-22 states the Republic of Vietnam Campaign Medal with Device (1960) was awarded by the Government of the Republic of Vietnam to all members of the Armed Forces of the United States who served in Vietnam for 6 months during the period 1 March 1961 through 28 March 1973.  

13.  Army Regulation 600-8-22 authorizes award of a bronze service star based on qualifying service for each campaign listed in Appendix B of this regulation.  The regulation states that authorized bronze service stars will be worn on the appropriate campaign and service medal, which in this case is the Vietnam Service Medal.  


DISCUSSION AND CONCLUSIONS:

1.  Orders show the applicant was awarded the Bronze Star Medal.  Therefore, this award should be added to his DD Form 214.

2.  His records do not show indiscipline or lost time, he received conduct and efficiency ratings of "excellent" throughout his period of military service, and he was promoted to sergeant in less than 2 years.  Therefore, the preponderance of evidence shows the applicant is entitled to the Army Good Conduct Medal (1st Award) based on completion of qualifying service from 17 January 1969 to 
3 December 1970 ending with termination of a period of Federal military service.

3.  Based on his service in the Republic of Vietnam he is authorized the:

* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Campaign Medal with Device (1960)

4.  He participated in three campaigns during his service in the Republic of Vietnam. Therefore, he is authorized three bronze service stars to be worn on his Vietnam Service Medal.

5.  Based on his qualification with the M60 machine gun he is entitled to the Sharpshooter Marksmanship Qualification Badge with Machinegun Bar.

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.  awarding him the first award of the Army Good Conduct Medal for the period of service from 17 January 1969 to 3 December 1970; and

	b.  amending item 24 of his DD Form 214 to add the:

* Bronze Star 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 Campaign Medal with Device (1960)
* Sharpshooter Marksmanship Qualification Badge with Machinegun Bar




      _______ _   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)                                         AR20100022002



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ABCMR Record of Proceedings (cont)                                         AR20100022002



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