IN THE CASE OF:	  

		BOARD DATE:	  5 July 2011

		DOCKET NUMBER:  AR20100029304 


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, in effect, correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to add any and all medals awarded to his unit in the Republic of Vietnam (RVN) and the following to item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized):

* Army Good Conduct Medal (AGCM) (First Award)
* Vietnam Service Medal (VSM) with three bronze service stars 
* RVN Campaign Medal with Device (1960)
* RVN Gallantry Cross with Palm Unit Citation
* Air Medal (AM)
* First Class Gunner [known as Sharpshooter] Marksmanship Qualification Badge with Machinegun Bar M-60 
* Sharpshooter Marksmanship Qualification Badge with Grenade Bar

2.  He states these awards were inadvertently left off his records upon leaving Vietnam and the Army. 

3.  He provided:

* a DA Form 20 (Enlisted Qualification Record)
* special orders (SO)
* his DD Form 214
* a letter

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.  His records show he was inducted into the Army on 27 September 1968.  Upon completion of training, he was awarded military occupational specialty 11B (Light Weapons Infantryman).  

3.  Item 31 (Foreign Service) of his DA Form 20 shows he served in Vietnam from 20 October 1969 to 19 September 1970.

4.  His DA Form 20 also shows, in item 38 (Record of Assignments)  he was assigned to Headquarters and Headquarters Company (HHC), 1st Battalion (Air Mobile), 502nd Infantry Regiment from 3 November through 12 December 1969 and to Company C, 1st Battalion (Air Mobile), 502nd Infantry Regiment from 
13 December 1969 through 16 September 1970.

5.  Item 41 (Awards and Decorations) of the same form shows he was awarded the Sharpshooter Marksmanship Qualification Badge with Machinegun Bar
(M-60) and Grenade Bar.

6.  On 20 September 1970, he was honorably released from active duty and transferred to the U.S. Army Reserve Control Group (Annual Training) to complete his Reserve service obligation.  He served a total of 1 year, 11 months, and 24 days of active service with no lost time.  Item 24 of his DD Form 214 shows he was awarded:

* NDSM
* VSM
* RVN Campaign Medal with Device (1960)
* CIB
* Parachutist Badge
* One Overseas Service Bar
* Marksman Marksmanship Qualification Badge with Rifle Bars (M-16) and (M-14)

7.  His DD Form 214 shows he was already awarded the RVN Campaign Medal with Device 1960.  Therefore, this award will not be discussed any further in this record of proceeding.  

8.  A review 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 any orders awarding him the AM.

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

10.  His record is void of documentation showing he was recommended for or awarded the AGCM.  Item 38 of his DA Form 20 shows he received five "excellent" conduct and efficiency ratings and one “unknown” during his military career.  His record is void of any derogatory information that could serve to disqualify him for this award.

11.  Army Regulation 672-5-1 (Awards and Decorations), in effect at the time, provided that the AGCM was awarded to individuals who completed a qualifying 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.

12.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) establishes the eligibility of individual members for campaign participation credit, assault landing credit, and unit citation badges awarded during the Vietnam Conflict.  It shows that during his assignment to Vietnam, the 1st Battalion (Air Mobile), 502nd Infantry Regiment was awarded the RVN Civil Actions Honor Medal First Class Unit Citation from 18 March 1968 to 2 May 1970 by Department of the Army General Orders (DAGO) Number 48, dated 1971.   

13.  Department of the Army Pamphlet 672-3, paragraph 6d, states that DAGO Number 8, dated 1974, announced award of the RVN Gallantry Cross with Palm Unit Citation to the following units:

* Headquarters, U.S. Military Assistance Command, and its subordinate units during the period 8 February 1962 to 28 March 1973
* Headquarters, U.S. Army Vietnam, and its subordinate units during the period 20 July 1965 to 28 March 1973

14.  Department of the Army Pamphlet 672-3 also lists campaign periods for the Vietnam era.  He was present during the following campaigns:

* Vietnam Summer-Fall 1969
* Vietnam Winter-Spring 1970
* DA Sanctuary Counteroffensive
* Vietnam Counteroffensive, Phase VII

15.  Army Regulation 600-8-22 (Military Awards) states a bronze service star is awarded for each campaign listed in appendix B.  Authorized bronze service stars will be worn on the appropriate service medal.  

16.  Army Regulation 600-8-22 also states the AM is awarded in time of war for heroism and for meritorious achievement or service while participating in aerial flight.  This award is primarily intended for personnel on flying status but may also be awarded to those personnel whose combat duties require them to fly; for example, personnel in the attack elements of units involved in air-land assaults against an armed enemy.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

17.  Army Regulation 670-1 (Uniforms and Insignia) governs the requirements for the Overseas Service Bar.  For Vietnam service, one overseas service bar was authorized for each period of 6 months active Federal service as a member of a U.S. Service in Vietnam from 1 July 1958 to 28 March 1973.  Both the month of arrival and the month of departure from Vietnam were counted as whole months for credit toward the overseas service bar.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record confirms he served honorably during the period 
27 September 1968 through 20 September 1970.  Based on his overall record of service, it would be appropriate to award him the first award of the AGCM and to correct his records to reflect this award.

2.  General orders awarded his unit the RVN Civil Actions Honor Medal First Class Unit Citation and RVN Gallantry Cross with Palm Unit Citation during his assignment.  Therefore, he is entitled to correction of his DD Form 214 to add these unit awards. 

3.  His DD Form 214 shows he was previously awarded the VSM.  His record also shows he participated in four campaigns while serving in the RVN.  He is therefore entitled to award of four bronze service stars for wear on the previously- awarded VSM.

4.  His DA Form 20 shows he was awarded the Sharpshooter Marksmanship Qualification Badge with Machinegun Bar (M-60) and Sharpshooter Marksmanship Qualification Badge with Grenade Bar.  Therefore, he is entitled to have these awards added to his DD Form 214. 

5.  His record shows he served 11 months in the RVN.  He is therefore entitled to wear two Overseas Service Bars on his uniform. 

6.  His record is void of evidence and he has not provided sufficient evidence to show he was recommended for award of the AM.  As a result, he is not entitled to this portion of the requested relief. 

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:

   a.  awarding him the Army Good Conduct Medal (First Award) for the period 
27 September 1968 through 20 September 1970;

b.  deleting the VSM and one Overseas Service Bar from item 24 of his 
DD Form 214; and

c.  adding the following to item 24 of his DD Form 214:

* AGCM (First Award)
* RVN Gallantry Cross with Palm Unit Citation 
* RVN Civil Actions Honor Medal First Class Unit Citation 
* VSM with four bronze service stars 
* Sharpshooter Marksmanship Qualification Badge with Machinegun Bar (M-60) and Grenade Bar
* Two Overseas Service Bars
 
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 the AM.




      _______ _  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)                                         AR20100029304





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ABCMR Record of Proceedings (cont)                                         AR20100029304



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