BOARD DATE:	  5 May 2011

		DOCKET NUMBER:  AR20100027019 


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 award of the Vietnam Service Medal with two or three bronze service stars, Republic of Vietnam Gallantry Cross with Palm Unit Citation, Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, Sharpshooter Marksmanship Qualification Badge with Rifle Bar, and any other awards and decorations to which he is entitled be added to item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).  

2.  He states these awards were omitted from his records when he left Vietnam and the Army.  

3.  He provides his DD Form 214, a letter from the National Personnel Records Center, and his DA Form 20 (Enlisted Qualification Record).  

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 30 January 1968.  

3.  His service record includes the following orders which show he:

* Special Orders Number 73, dated 25 March 1968 - qualified as sharpshooter with the M-14 rifle and was awarded the Sharpshooter Marksmanship Qualification Badge with Rifle Bar 
* Special Orders Number 115, dated 6 May 1968 – qualified as marksman with the M-16 rifle and was awarded the Marksman Marksmanship Qualification Badge with Rifle Bar
* Special Orders Number 122, dated 13 May 1968 – qualified as sharpshooter with the M-60 machinegun and was awarded the Sharpshooter Marksmanship Qualification Badge with Machinegun Bar
* Special Orders Number 122, dated 2 May 1969 – was promoted to specialist four (SP4)/E-4 

4.  His DA Form 20 shows in:

* Item 31 (Foreign Service) he served in Vietnam from 22 July 1968 through 21 July 1969  
* Item 38 (Record of Assignments) he was assigned to Company C, 1st Battalion, 8th Infantry Regiment, 4th Infantry Division in Vietnam from 5 August 1968  through 18 July 1969
* Item 38 he received "excellent” conduct and efficiency ratings throughout his service
* Item 41 (Awards and Decorations) entry for the National Defense Service Medal, Vietnam Service Medal, Combat Infantryman Badge (1st Award), Republic of Vietnam Campaign Medal, Army Commendation Medal, Air Medal, two overseas service bars, and Sharpshooter Marksmanship Qualification Badge with M-14 Rifle Bar
* Item 41 no entry for the Republic of Vietnam Gallantry Cross with Palm Unit Citation or Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation

5.  He was released from active duty on 29 January 1970 in the rank of SP4 at the expiration of his term of service.  He completed 2 years of active military service with no days of time lost.  

6.  Item 33 (Appointments and Reductions) on his DA Form 20 shows he was reduced from private first class/E-3 to private/E-2.  His record does not contain any disciplinary actions or a record of a commander's disqualification for the first award of the Army Good Conduct Medal.  

7.  Item 24 of his DD Form 214 shows the National Defense Service Medal, Vietnam Service Medal, Republic of Vietnam Campaign Medal, Combat Infantryman Badge (two entries), two overseas service bars, Air Medal, and Army Commendation Medal.  

8.  References:

	a.  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, he participated in the Vietnam Counteroffensive Phase V, Vietnam Counteroffensive Phase VI, Tet 69/Counteroffensive, and Vietnam Summer–Fall 1969 campaigns.  

	b.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows that, at the time of his assignment to Company C, 1st Battalion, 8th Infantry Regiment, this unit was cited for award of the:

* Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period October 1966 to 28 July 1969 by Headquarters, Department of the Army General Orders (DAGO) Number 3, dated 1970
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 1 October 1966 to 31 October 1969 by DAGO Number 53, dated 1970

   c.  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.  The applicant’s DD Form 214 currently reflects the Vietnam Service Medal.  However, he participated in four campaigns in Vietnam.  Therefore, his DD Form 214 should be corrected to show four bronze service stars for wear on his already-awarded Vietnam Service Medal.

2.  During his service in Vietnam, his unit was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.  Therefore, these unit awards should be added to his DD Form 214.  

3.  Special orders show he was awarded the Sharpshooter Marksmanship Qualification Badge with (M-14) Rifle Bar.  Therefore, this badge should be added to his DD Form 214.  

4.  Additionally, his service record contains orders which show he was awarded the Marksman Marksmanship Qualification Badge with (M-16) Rifle Bar and Sharpshooter Marksmanship Qualification Badge with (M-60) Machinegun Bar.  Therefore, these badges should be added to his DD Form 214.

5.  Evidence of record shows he received "excellent" conduct and efficiency ratings throughout his service.  He was honorably released from active duty at the expiration of his term of service, having attained the rank of SP4.  There is no evidence of a commander's disqualification for the Army Good Conduct Medal.  Therefore, he should be awarded the first award of the Army Good Conduct Medal for the period 30 January 1968 through 29 January 1970 and his DD Form 214 should be corrected to show this award.

BOARD VOTE:

___x__  ____x____  ___x_____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION



BOARD DETERMINATION/RECOMMENDATION:

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.  deleting the Vietnam Service Medal from item 24 of his DD Form 214;

	b.  awarding him the Army Good Conduct Medal (1st Award) for the period 30 January 1968 through 29 January 1970; and

	c.  adding the Vietnam Service Medal with four bronze service stars, Republic of Vietnam Gallantry Cross with Palm Unit Citation, Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, Sharpshooter Marksmanship Qualification Badge with (M-14) Rifle Bar, Marksman Marksmanship Qualification Badge with (M-16) Rifle Bar, Sharpshooter Marksmanship Qualification Badge with (M-60) Machinegun Bar, and Army Good Conduct Medal (1st Award) 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)                                         AR20100027019





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