IN THE CASE OF:	  

		BOARD DATE:	  7 April 2011

		DOCKET NUMBER:  AR20100024514 


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 the:

* Combat Infantryman Badge
* Purple Heart
* Bronze Star Medal
* Army Commendation Medal
* Air Medal

2.  The applicant states:

* it was an oversight
* he was awarded these medals and he has the orders

3.  The applicant provides:

* DD Form 214
* orders for the Purple Heart, Bronze Star Medal, Army Commendation Medal, and 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 was inducted into the Army of the United States on 25 June 1969.  He arrived in Vietnam on 30 May 1970.  He served as a light weapons infantryman assigned to Company A, 1st Battalion, 5th Cavalry, 1st Cavalry Division, in Vietnam from 11 June 1970 through 2 April 1971.  On 2 April 1971, he was released from active duty in the rank of sergeant after completing 1 year, 9 months, and 8 days of creditable service with no lost time.

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, Republic of Vietnam Campaign Medal with Device (1960), and Vietnam Service Medal as authorized awards.

4.  He provided orders, dated 1 July 1970, which show he received the Purple Heart for wounds received in action on 26 June 1970 in Vietnam.

5.  Orders, dated 10 July 1970, show he received the Combat Infantryman Badge.

6.  He provided orders, dated 26 February 1971, which show he received the Air Medal for the period June to October 1970 in Vietnam.

7.  He provided orders, dated 5 March 1971, which show he received the Army Commendation Medal for meritorious achievement for the period 1 January 1971 to 18 February 1971 in Vietnam.

8.  He provided orders, dated 5 March 1971, which show he received the Bronze Star Medal for meritorious service for the period 29 May 1970 to 18 March 1971 in Vietnam.

9.  Records show he participated in two campaigns during his assignment in Vietnam.

10.  There is no evidence the applicant received the Army Good Conduct Medal.  There also is no evidence the applicant was disqualified by his chain of command from receiving the Army Good Conduct Medal.  His records show he received conduct and efficiency ratings of "excellent" throughout his service.

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 1st Battalion, 5th Cavalry, was awarded the Valorous Unit Award for actions during the period 1 May 1970 to 29 June 1970 based on Department of the Army General Orders (DAGO) Number 43, dated 1972.

12.  Department of the Army Pamphlet 672-3 shows the 1st Battalion, 5th Cavalry, was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation based on DAGO Number 42, dated 1972.

13.  Army Regulation 672-5-1 (Military Awards), in effect at the time, provided policy and criteria concerning individual military decorations.  It stated that 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 and, for the first award only, upon termination of service on or after 27 June 1950 of less than 3 years but more than 1 year.  At the time, a Soldier's conduct and efficiency ratings must have been rated as "excellent" for the entire period of qualifying service except that a service school efficiency rating based upon academic proficiency of at least "good" rendered subsequent to 22 November 1955 was not disqualifying.  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.

14.  Army Regulation 600-8-22 (Military Awards) authorizes award of a bronze service star based on qualifying service for each campaign listed in appendix B and states that authorized bronze service stars will be worn on the appropriate service medal, including the Vietnam Service Medal.

DISCUSSION AND CONCLUSIONS:

1.  Orders show he received the Combat Infantryman Badge, Purple Heart, Bronze Star Medal, Army Commendation Medal, and Air Medal.  His DD Form 214 should be corrected to show these awards.

2.  He was separated in the rank of sergeant with 21 months of creditable active service with no time lost.  It appears the applicant met the eligibility criteria for the first award of the Army Good Conduct Medal for the period 25 June 1969 through 2 April 1971 based on completion of a period of qualifying service ending with the termination of a period of Federal military service.  Therefore, he should be awarded the Army Good Conduct Medal (1st Award) and his DD Form 214 should be corrected to show this award.

3.  He participated in two campaigns during his assignment in Vietnam which entitles him to award of the Vietnam Service Medal with two bronze service stars.

4.  His unit was cited for the Valorous Unit Award and Republic of Vietnam Gallantry Cross with Palm Unit Citation while he was assigned to it.  His DD Form 214 should be corrected to show 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 the evidence presented is 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 Army Good Conduct Medal (1st Award) for the period 25 June 1969 through 2 April 1971 and

	b.  adding the Bronze Star Medal, Purple Heart, Air Medal, Army Commendation Medal, Army Good Conduct Medal (1st Award), Combat Infantryman Badge, Valorous Unit Award, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and two bronze service stars for wear on his already-awarded Vietnam Service Medal to item 24 of 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)                                         AR20100024514



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ABCMR Record of Proceedings (cont)                                         AR20100024514



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