IN THE CASE OF:	  

		BOARD DATE:	  19 April 2011

		DOCKET NUMBER:  AR20100028797 


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 awards of the:

* Bronze Star Medal with "V" Device
* Republic of Vietnam Gallantry Cross with Silver Star

2.  The applicant states the awards are not annotated on his DD Form 214.

3.  The applicant provides orders awarding him the Bronze Star Medal with "V" Device and a memorandum authorizing him the Republic of Vietnam Gallantry Cross with Silver Star.

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's records show he was inducted into the Army of the United States on 27 December 1965 and held military occupational specialty 11B (Light Weapons Infantryman).  He served in Vietnam from 22 September 1966 to 3 September 1967.  He was assigned to Company B, 3rd Battalion, 22nd Infantry.

3.  He was honorably released from active duty in the rank/grade of sergeant (SGT)/E-5 on 13 December 1967 and he was transferred to the U.S. Army Reserve Control Group to complete his remaining service obligation.

4.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the National Defense Service Medal, Combat Infantryman Badge, Purple Heart, Vietnam Service Medal, and Vietnam Campaign Medal.

5.  General Orders (GO) Number 2169, issued by Headquarters, 25th Infantry Division, on 1 June 1967 awarded him the Bronze Star Medal with "V" Device for heroism on 21 March 1967.

6.  Headquarters, U.S. Army Vietnam (USARV), letter, dated 15 February 1966, authorized him award of the Republic of Vietnam Gallantry Cross with Silver Star for heroic actions on 21 March 1967.

7.  A review of his records indicates his entitlement to additional awards which are not shown on his DD Form 214.

8.  Headquarters, 4th Infantry Division, Fort Lewis, WA, published the following orders:

* Special Orders Number 74, dated 19 March 1966, awarded him the Marksman Marksmanship Qualification Badge with Rifle Bar (M-14)
* Special Orders Number 184, dated 26 July 1966, awarded him the Marksman Marksmanship Qualification Badge with Pistol Bar (.45 Caliber)
* Special Orders Number 184, dated 26 July 1966, awarded him the Sharpshooter Marksmanship Qualification Badge with Machine Gun Bar (M-60)

9.  A review of his service record reveals no derogatory information that would disqualify him for the first award of the Army Good Conduct Medal.  Additionally, item 38 (Record of Assignments) of his DA Form 20 shows he received "excellent" conduct and efficiency ratings throughout his military service.

10.  Army Regulation 672-5-1 (Military Awards), in effect at the time, provided that the Army Good Conduct Medal was awarded to individuals who completed a qualified period of active duty enlisted service.  This period was 3 years except in those cases when the period for the first award ended with the termination of a period of Federal military service.  The enlisted person must have had all "excellent" conduct and efficiency ratings and no convictions by a court-martial.

11.  Headquarters, Department of the Army, published the following GO regarding the 3rd Battalion, 22nd Infantry:

* GO Number 48, dated 1971, awarded this unit the Republic of Vietnam Gallantry Cross with Palm Unit Citation for service from 1 October 1966 to 1 August 1967
* GO Number 51, dated 1971, awarded this unit the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for service from 1 August 1967 to 21 January 1970

12.  Appendix B of Army Regulation 600-8-22 shows during his service in the Republic of Vietnam campaign participation credit was awarded for the Vietnam Counteroffensive Phase II (1 July 1966 to 31 May 1967) and Vietnam Counteroffensive Phase III (1 June 1967 to 29 January 1968).  This same regulation states a bronze service star is authorized for wear on the Vietnam Service Medal for participation in each campaign.

DISCUSSION AND CONCLUSIONS:

1.  GO awarded him the Bronze Star Medal with "V" Device for heroism on 21 March 1967 which is not shown on his DD Form 214.  Therefore, he is entitled to correction of his DD Form 214 to show this award.

2.  A USARV letter authorized him award of the Republic of Vietnam Gallantry Cross with Silver Star for heroic actions on 21 March 1967 which is not shown on his DD Form 214.  Therefore, he is entitled to correction of his DD Form 214 to show this award.

3.  GO awarded his unit the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation which are not shown on his DD Form 214.  Therefore, he is entitled to correction of his DD Form 214 to show these unit awards.

4.  The evidence of record shows he was awarded the Vietnam Service Medal.  Additionally, records show he participated in two campaigns while serving in Vietnam.  Therefore, he is entitled to two bronze service stars to be affixed to his Vietnam Service Medal.

5.  The evidence of record confirms he served honorably during the period 27 December 1965 through 13 December 1967.  He completed a combat tour in Vietnam, received "excellent" conduct and efficiency ratings throughout his military service, received multiple valor awards, and attained the rank/grade of SGT/E-5.  His records do not contain any derogatory information that would have disqualified him from receiving the first award of the Army Good Conduct Medal.  Therefore, it would be appropriate to award him the first award of the Army Good Conduct Medal based on completion of a qualifying period of Federal military service and correct his DD Form 214 to show his medal.

6.  Special orders awarded him the Marksman Marksmanship Qualification Badge with Rifle Bar (M-14), Marksman Marksmanship Qualification Badge with Pistol Bar (.45 Caliber), and Sharpshooter Marksmanship Qualification Badge with Machine Gun Bar (M-60) which are not shown on his DD Form 214.  Therefore, he is entitled to correction of his DD Form 214 to show these badges.

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:

* awarding him the Army Good Conduct Medal (1st Award) for exemplary behavior, efficiency, and fidelity during the period 27 December 1965 through 13 December 1967
* adding to his DD Form 214 the:

* Bronze Star Medal with "V" Device
* Army Good Conduct Medal (1st Award)
* Republic of Vietnam Gallantry Cross with Silver Star
* 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 Machine Gun Bar (M-60)
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-14)
* Marksman Marksmanship Qualification Badge with Pistol Bar (.45 Caliber)
* two bronze service stars to be affixed to his already-awarded Vietnam Service Medal 



      _____________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)                                         AR20100028797



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20100028797



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1