IN THE CASE OF:	  

		BOARD DATE:	  3 May 2011

		DOCKET NUMBER:  AR20100025295 


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 Combat Infantryman Badge (CIB) and all other awards to which he is entitled.

2.  He states the attached letter from the National Personnel Records Center (NPRC) [which was not attached to his application] lists the medals he was entitled to that never appeared on his DD Form 214.  He is now applying for benefits from the Department of Veterans Affairs and the CIB will help for those benefits.

3.  He provides a copy of his DD Form 214 for the period ending 18 July 1968 and 26 July 1973.

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 2 August 1966 for a period of 2 years.  He completed training and he was awarded military occupational specialty (MOS) 13A (field artillery basic).

3.  On 22 March 1967, he accepted nonjudicial punishment (NJP) under
Article 15, Uniform Code of Military Justice (UCMJ), for failing to stop for military police in a school zone.

4.  He served in Vietnam from 21 July 1967 to 16 July 1968 while assigned to the 42nd Infantry Platoon (Scout Dog), 1st Brigade, 101st Airborne Division.

5.  Special Orders Number 334, issued by Headquarters, 1st Brigade,
101st Airborne Division, dated 30 November 1967, awarded him the CIB.

6.  Item 38 (Record of Assignment) of his DA Form 20 (Enlisted Qualification Record) shows he received "excellent" conduct and efficiency ratings through this period of service.  Although his record contains one NJP action, there is no evidence his commander disqualified him for the first award of the Army Good Conduct Medal.

7.  Item 41 (Awards and Decorations) of his DA Form 20 shows the:

* National Defense Service Medal
* Vietnam Service Medal
* CIB
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)

8.  He was honorably released from active duty as an overseas returnee on
18 July 1968 in pay grade E-5.  He was transferred to the U.S. Army Reserve (USAR) Control Group (Annual Training) to complete his remaining Reserve obligation.  He completed 1 year, 11 months, and 17 days of total active service with no time lost.

9.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaigns Ribbons Awarded or Authorized) of his DD Form 214 for this period shows the National Defense Service Medal.

10.  He enlisted in the Regular Army on 15 January 1971 in pay grade E-5 for a period of 4 years.  He completed training and he was awarded MOS 98C (Traffic Analyst).  He served in Germany from 21 November 1971 to 25 July 1973.  He was assigned to the 326th Army Security Agency (ASA) Company.

11.  On 19 July 1973, the appropriate authority approved the applicant's request for discharge under the provisions of Army Regulation 635-200 (Personnel Separation - Enlisted Personnel), chapter 10, for the good of the service, with a general discharge.

12.  On 26 July 1973, he was discharged accordingly in pay grade E-5.  He completed 2 years, 6 months, and 12 days of net active service this period for
4 years, 5 months, and 20 days of total active service with no time lost.

13.  Item 24 of his DD Form 214 for this period shows the National Defense Service Medal.

14.  Item 41 of his DA Form 20 for this period of service shows the:

* National Defense Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* Vietnam Service Medal
* CIB
* Sharpshooter Marksmanship Qualification Badge with Pistol Bar (.45 caliber)
* Expert Marksmanship Qualification Badge with Rifle Bar (M-16)

15.  Army Regulation 635-5 (Personnel Separations - Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It establishes standardized policy for the preparation of the DD Form 214.  It states that awards and decorations for all periods of service in the priority sequence specified in Army Regulation 600-8-22 will be entered on the DD Form 214.  Each entry will be verified by the Soldier’s records.

16.  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; 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.  There must have been no convictions by a court-martial.
17.  Army Regulation 600-8-22, paragraph 2-13, contains the regulatory guidance on the Vietnam Service Medal.  It states, in pertinent part, that 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 four campaigns:

* Vietnam Counteroffensive Phase III (1 June 1967 - 29 January 1968)
* Tet Counteroffensive (30 January - 1 April 1968)
* Vietnam Counteroffensive Phase IV (2 April - 30 June 1968)
* Vietnam Counteroffensive Phase V (1 July - 1 November 1968)

18.  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 42nd Infantry Platoon was cited for award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 18 March 1968 through 2 May 1970, by Department of Army General Orders (DAGO) Number 48, dated 1971.

19.  Department of the Army Pamphlet 672-3, paragraph 6d states that Department of the Army General Orders Number 8, dated 1974, announced award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to Headquarters, U.S. Army Vietnam, and its subordinate units, during the period
20 July 1965 through 28 March 1973.

DISCUSSION AND CONCLUSIONS:

1.  Special orders awarded the applicant the CIB on 30 November 1967.  Therefore, his DD Form 214 should be corrected to show this award.

2.  The applicant received "excellent" conduct and efficiency ratings throughout his initial period of service.  Although there is evidence of minor indiscipline during this period of service; it should not over-shadow his achievements.  He attained the rank/grade of SGT/E-5, he served in Vietnam, and he was awarded the CIB.  Therefore, he should be awarded the first award of the Army Good Conduct Medal for the period 2 August 1966 through 18 July 1968 and his DD Form 214 should be corrected to show this award.

3.  The evidence of record also confirms he was authorized award of the:

* Vietnam Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* 
Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)
* Sharpshooter Marksmanship Qualification Badge with Pistol Bar (.45 caliber)
* Expert Marksmanship Qualification Badge with Rifle Bar (M-16)

These awards are not shown on his DD Form 214.  Therefore, his DD Form 214 should be corrected to show these awards.

4.  The evidence of record further confirms he participated in four campaign phases during his Vietnam service.  Therefore, he is entitled to four bronze service stars for wear on the Vietnam Service Medal.

5.  General orders cited his unit for award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation during his period of service.  Therefore, his DD Form 214 should be corrected to show this unit award.

6.  All units in Vietnam were awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation during his period of service.  Therefore, his DD Form 214 should be corrected to show this unit award.

7.  In view of the foregoing, his DD Form 214 should be corrected as recommended below.

BOARD VOTE:

___X____  ___X____  ____X___  GRANT FULL RELIEF 

________  ________  ________  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 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
2 August 1966 through 18 July 1968, and

	b.  adding to Item 24 of his DD Form 214 for the period ending 26 July 1973 the:

* Army Good Conduct Medal (1st Award)
* Combat Infantryman Badge
* 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
* Expert Marksmanship Qualification Badge with Rifle Bar (M-16)
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)
* Sharpshooter Marksmanship Qualification Badge with Pistol Bar (.45 caliber)



      ____________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)                                         AR20100025295



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ABCMR Record of Proceedings (cont)                                         AR20100025295



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