IN THE CASE OF:	  

		BOARD DATE:	  3 May 2011

		DOCKET NUMBER:  AR20100025173 


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 that his DD Form 214 (Report of Transfer or Discharge) be corrected to show award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Marksman Marksmanship Qualification Badge with Pistol Bar.  He also requests that his records be checked to see if he was recommended for or authorized the Bronze Star Medal or Silver Star and all other awards he may be entitled to receive.

2.  The applicant states that his records should reflect awards of the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Marksman Marksmanship Qualification Badge with Pistol Bar.  He also states he believes he was recommended for award of either the Bronze Star Medal or Silver Star and requests that his “201 File” be checked.

3.  The applicant provides a copy of orders awarding him the Marksman Marksmanship Qualification Badge with Pistol Bar and an article announcing the award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation. 

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 16 January 1968, the applicant was inducted into the Army of the United States in Los Angeles, California.  He completed the training requirements and he was awarded military occupational specialty 11B (Light Weapons Infantryman).  On 15 June 1968, he was transferred to Fort Carson, Colorado and he was assigned to Company B, 1st Battalion, 11th Infantry Regiment with duty in MOS 11B. 

3.  On 24 July 1968, he was transferred to Vietnam with his unit and he was wounded in action on 17 September 1968.  He was advanced to the pay grade of E-4 on 18 December 1968.

4.  On 12 January 1969, after serving in two campaigns, he was again wounded in Vietnam by a booby trap and was subsequently evacuated to the 7th Field Hospital and then to the hospital at Fort Ord.

5.  On 15 September 1969, he was honorably released from active duty (REFRAD) as a member of a Medical Holding Detachment who did not intend to reenlist.  He had served 1 year and 8 months of active service and his DD Form 214 issued at the time of his REFRAD reflects he was awarded the National Defense Service Medal, Vietnam Service Medal (VSM), Vietnam Campaign Medal, Purple Heart with Oak Leaf Cluster, Combat Infantryman Badge, and Sharpshooter Marksmanship Qualification Badge with Rifle Bar.

6.  A review of the applicant’s records shows he was awarded the Marksman Marksmanship Badge with Pistol Bar.  It does not show that he was recommended for any other awards.  However, his records do show that he had “excellent” conduct and efficiency ratings throughout his service and his records are void of any derogatory information that would serve to disqualify him for award of the Army Good Conduct Medal (AGCM).

7.  A search of the Awards and Decorations Computer-Assisted Retrieval System, an index of general orders issued during the Vietnam era between 1965 and 1973 maintained by the Military Awards Branch of the U.S. Army Human Resources Command, failed to reveal orders awarding the applicant any additional awards.


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

9.  Army Regulation 672-5-1 (Awards), in effect at the time, stated the AGCM was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940; for first award only, 1 year served entirely during the period 7 December 1941 to 2 March 1946; 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.  The enlisted person must have had all "excellent" conduct and efficiency ratings.  

10.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) was published to assist commanders and personnel officers in determining or establishing the eligibility of Soldiers for campaign participation credit, assault landing credit, and unit citation badges awarded during the Vietnam Conflict.  It shows that during the applicant's assignment, his unit was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Meritorious Unit Commendation (MUC).

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s contention that he was awarded the Marksman Marksmanship Qualification Badge with Pistol Bar has been noted and found to have merit.  Accordingly this award should be added to his DD Form 214 at this time. 

2.  A review of the applicant's records also show he had "excellent" conduct and efficiency ratings throughout his period of service and his records contain no derogatory information that would serve to disqualify him for the AGCM 
(1st Award).  Therefore, it appears the failure to award him the AGCM (1st Award) was the result of an administrative error.  Accordingly, he should be awarded this medal for the period 16 January 1968 to 15 September 1969 and his DD Form 214 should be corrected to show the medal.

3.  The applicant also served in two campaigns while in Vietnam and he is entitled to wear two bronze service stars on his already-awarded VSM.

4.  Additionally, the evidence of record shows the applicant’s unit was awarded the MUC and the Republic of Vietnam Gallantry Cross with Palm Unit Citation during the period he served with the unit.  Accordingly, these awards should be added to his DD Form 214 at this time.
5.  The available evidence does not show the applicant was recommended for or awarded the Bronze Star Medal or Silver Star.

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:

* Awarding him the AGCM for the period 16 January 1968 to 15 September 1969
* Deleting the VSM from his DD Form 214
* Adding the AGCM, MUC, VSM with two bronze service stars, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and Marksman Marksmanship Qualification Badge with Pistol Bar to his DD Form 214

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 adding the Bronze Star Medal, the Silver Star, or any awards that are not listed above to his DD Form 214.

3.  The Board wants the applicant and all others concerned to know that this action in no way diminishes the sacrifices made by the applicant in service to the United States during the Vietnam War.  The applicant and all Americans should be justifiably proud of his service in arms. 
      
      
      ____________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)                                         AR20100025173



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ABCMR Record of Proceedings (cont)                                         AR20100025173



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