IN THE CASE OF:	  

		BOARD DATE:	  17 March 2011

		DOCKET NUMBER:  AR20100022497 


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 award of the Air Medal (1st Oak Leaf Cluster) and the Combat Infantryman Badge.

2.  The applicant states he received these awards but they are not shown on his DD Form 214.

3.  The applicant provides a copy of:

* General Orders Number 8516, dated 24 May 1970, awarding him the Air Medal
* 1st Cavalry Division Vietnam Combat Certificate, undated

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 5 May 1969 for a period of 2 years.  He held military occupational specialty 11B (Light Weapons Infantryman).  He served in Vietnam with:

* 2nd Battalion, 16th Infantry, 1st Infantry Division from 12 November 1969 through 11 March 1970
* 2nd Battalion, 7th Cavalry, 1st Cavalry Division from 12 March to
23 October 1970

3.  Special Orders Number 26, issued by Headquarters, 1st Infantry Division, dated 26 January 1970, awarded him the Combat Infantryman Badge, effective 26 January 1970.

4.  General Orders Number 8516, issued by Headquarters, 1st Cavalry Division, dated 24 May 1970, awarded him the Air Medal for meritorious achievement while participating in aerial flight in Vietnam for the period October 1969 to May 1970.

5.  He was honorably released from active duty on 9 April 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 5 days of total active service with no time lost.

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

* Army Commendation Medal
* National Defense Service Medal
* Vietnam Service Medal
* Bronze Star Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* one Overseas Service Bar
* Expert Marksmanship Qualification Badge with Rifle Bar (M-14)
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-16)
* Expert Marksmanship Qualification Badge with Machinegun Bar (M-60)


7.  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.

8.  Review of the Awards and Decorations Computer-Assisted Retrieval System (ADCARS), an index of general orders issued during the Vietnam era between 1965 and 1973 maintained by the Military Awards Branch of the United States Army Human Resources Command, failed to reveal any additional orders for the Air Medal pertaining to the applicant.

9.  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.

10.  Army Regulation 600-8-22 (Military Awards), paragraph 2-13, contains the regulatory guidance on the Vietnam Service Medal.  It states 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)
* Vietnam Counteroffensive Phase VII (1 July 1970 - 30 June 1971)

11.  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 the units to which he was assigned was cited for award of the:

* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 12 July 1965 through 7 April 1970, by Department of the Army General Order (DAGO) Number 53, dated 1970
* Valorous Unit Award for the period 1 May through 29 June 1970, by DAGO Number 43, dated 1972
* Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 21 February 1970 through 28 February 1971, by DAGO Number 42, dated 1972

12.  Army Regulation 670-1 (Uniforms and Insignia) governs the requirements for the Overseas Service Bar.  It states a bar is authorized for wear for each period of active Federal service as a member of the U.S. Army outside of the continental limits of the United States for the specific time frames and areas of operation cited in Army Regulation 670-1 or appropriate Department of the Army message.  There are special provisions regarding authorization for the Overseas Service Bar for service in a hostile fire zone and for combining service to calculate award of the bars.  For Vietnam service, one Overseas Service Bar was authorized for each period of 6 months active Federal service as a member of a U.S. Service in Vietnam from 1 July 1958 to 28 March 1973.  Both the month of arrival and the month of departure from Vietnam were counted as whole months for credit toward the Overseas Service Bar.

DISCUSSION AND CONCLUSIONS:

1.  Special orders awarded him the Combat Infantryman Badge which is not shown on his DD Form 214.  Therefore, he is entitled to correction of his
DD Form 214 to show this award.

2.  The evidence of record confirms he honorably served during the period 5 May 1969 through 9 April 1971.  He attained the rank/grade of SGT/E-5, he was awarded the Bronze Star Medal during his service in Vietnam, and he received all "excellent" conduct and efficiency ratings throughout this service.  His record is also void of any derogatory information that would have disqualified him from being awarded the Army Good Conduct Medal.  Therefore, it would be appropriate to award him the first award of the Army Good Conduct Medal and to correct his DD Form 214 to show this award.

3.  He participated in three campaigns while serving 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.

4.  General orders awarded his units in Vietnam the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Valorous Unit Award which are not shown on his DD Form 214.  Therefore, he is entitled to correction of his DD Form 214 to show these unit awards.

5.  General orders awarded the applicant the Air Medal which is not shown on his DD Form 214.  Therefore, his DD Form 214 should be corrected to show this 


award.  However, with respect to the correction of his DD Form 214 to show award of the Air Medal (1st Oak Leaf Cluster) indicating two awards of the Air Medal, there is no evidence of record and he did not provide any evidence that shows he was awarded a second award of the Air Medal.   Therefore, there is no basis for granting this portion of his request.

6.  The applicant's record shows the award of one Overseas Service Bar; however, based on his service in Vietnam he is entitled to two Overseas Service Bars.  Therefore, his DD Form 214 should be corrected to show an additional Overseas Service Bars.

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 and one Overseas Service Bar;

	b.  awarding him the Army Good Conduct Medal (1st Award) for the period 5 May 1969 through 9 April 1971; and

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

* Air Medal
* Army Good Conduct Medal (1st Award)
* Combat Infantryman Badge
* 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
* two Overseas Service Bars

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 the award of the Air Medal (2nd Award).



      ___________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)                                         AR20100022497



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ABCMR Record of Proceedings (cont)                                         AR20100022497



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