IN THE CASE OF:	  

		BOARD DATE:	  31 May 2011

		DOCKET NUMBER:  AR20100026733 


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 records by voiding the Sharpshooter Marksmanship Qualification Badge (Rifle M-14) entry from his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) and adding the Army Commendation Medal.  He also requests that the following medals be mailed to him:

* Army Commendation Medal
* Air Medal
* Purple Heart

2.  The applicant states he:

* never received his medals 
* never received weapons training
* would like to be sent his medals
* would like the Sharpshooter Marksmanship Qualification Badge removed from his DD Form 214 

3.  The applicant provides:

* Self-authored letter to the Army Review Boards Agency, dated 27 October 2010
* DD Form 214
* Army Commendation Medal orders

* Air Medal orders
* Purple Heart orders

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 on 7 September 1966.  He completed training as a medical specialist.  He arrived in Vietnam on 22 August 1967.  He was assigned to Headquarters and Headquarters Company, 1st Battalion, 8th Cavalry, 1st Cavalry Division (Airmobile).

3.  He returned to the U.S. on 15 June 1968.

4.  Item 26 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the:

* National Defense Service Medal
* Vietnam Campaign Medal
* Air Medal
* Purple Heart
* Vietnam Service Medal
* Combat Medical Badge
* Sharpshooter Marksmanship Qualification Badge with Rifle (M-14) Bar 

5.  On 23 June 1968, Headquarters, 1st Cavalry Division General Orders Number 5755 was published awarding him the Army Commendation Medal.

6.  On 26 June 1968, Headquarters, 1st Cavalry Division General Orders Number 6362 was published awarding him the Bronze Star Medal with "V" Device.


7.  Item 38 (Record of Assignments) on the applicant's DA Form 20 (Enlisted Qualification Record) shows he received the following conduct and efficiency ratings:

						PERIOD							CONDUCT	EFFICIENCY
7 September 1966 through 18 September 1966
(Unrated)
(Unrated)
19 September 1966 through 30 September 1966 
Excellent
Excellent
1 November 1966 through 17 November 1966
(Unrated)
(Unrated)
18 November 1966 through 10 February 1967
Excellent
Excellent
11 February 1967 through 12 February 1967
(Unrated)
(Unrated)
13 February 1967 through 9 July 1967
Excellent
Excellent
10 July 1967 through 25 August 1967
(Unrated)
(Unrated)
26 August 1967 through 30 March 1968
(Unrated)
Excellent
31 March 1968 through 9 May 1968
(Unrated)
(Unrated)
10 May 1968 through 14 June 1968
Excellent
Excellent
15 June 1968 through 20 June 1968
(Unrated)
(Unrated)
8.  Army Regulation 635-5 (Separation Documents) governs preparation of the DD Form 214.  This regulation provides that item 24 of the DD Form 214 will reflect decorations, medals, badges, citations and campaign ribbons awarded or authorized for all periods of service.

9.  Army Regulation 600-8-22 (Military Awards), paragraph 2-13, contains the regulatory guidance on the Vietnam Service Medal.  It states 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 three campaigns:

* Vietnamese Counteroffensive Phase III Campaign witch extended from 1 June 1967 through 29 January 1968
* Tet Counteroffensive Campaign which extended from 30 January through 1 April 1968
* Vietnamese Counteroffensive Phase IV Campaign which extended from 2 April through 30 June 1968

10.  Department of the Army Pamphlet 672-3 lists the awards received by units serving in Vietnam.  This pamphlet shows the unit to which the applicant was assigned was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 9 August 1965 to 19 May 1969 by Department of the Army General Order Number 59, dated 1969.

11.  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.

DISCUSSION AND CONCLUSIONS:

1.  There is no evidence in the applicant's official records showing he qualified with the M-14 Rifle.  This information was erroneously added on his DD Form 214 and it should be deleted.

2.  He was cited in orders for award of the Army Commendation Medal and the Bronze Star Medal with "V" Device.

3.  He is also authorized Republic of Vietnam Gallantry Cross with Palm Unit Citation and three bronze service stars to be affixed to his Vietnam Service Medal.

4.  He should be awarded the Army Good Conduct Medal (First Award) for the period 7 September 1966 to 20 June 1968, based on his conduct and efficiency ratings and overall record of service.

5.  Therefore, his DD Form 214 should be corrected to add the following awards:

* Bronze Star Medal with "V" Device
* Army Commendation Medal
* Army Good Conduct Medal (First Award)
* Republic of Vietnam Gallantry Cross with Palm Unit Citation 
* three bronze service stars to be affixed to his already-awarded Vietnam Service Medal

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 awarding him the Army Good Conduct Medal (First Award) for the period            7 September 1966 to 20 June 1968 and amending his DD Form 214 to delete the Sharpshooter Marksmanship Qualification Badge (Rifle M-14) and to add the following awards:

* Bronze Star Medal with "V" Device
* Army Commendation Medal
* Army Good Conduct Medal (First Award)
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* three bronze service stars to be affixed to his already-awarded Vietnam Service Medal

2.  The applicant should also be issued the Air Medal and the Purple Heart in addition to the above awards 




      ____________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)                                         AR20100026733





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ABCMR Record of Proceedings (cont)                                         AR20100026733



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