BOARD DATE:	  23 June 2011

		DOCKET NUMBER:  AR20100030039


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 all awards to which he is entitled.

2.  The applicant states:

   a.  his awards were not correctly documented on his DD Form 214 at the time of his discharge; and
   
   b.  a DD Form 215 (Correction to the DD Form 214) should be issued to show the following awards:
   
* Purple Heart (PH)
* Combat Infantryman Badge (CIB)
* Army Commendation Medal (ARCOM)
* National Defense Service Medal (NDSM)
* Vietnam Service Medal (VSM)
* Republic of Vietnam Campaign Medal with Device 1960 (RVNCM)
* Expert Marksmanship Qualification Badge with Mortar Bar
* Marksman Marksmanship Qualification Badge with Grenade, Machine Gun, and Pistol Bars

3.  The applicant provides:

* PH orders and certificate
* ARCOM order
* National Personnel Records Center letter dated 20 November 2005
* DD Form 214

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 record shows he enlisted in the Regular Army on 25 February 1971.  He was trained in and was awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman).

3.  Headquarters, 3rd Training Brigade (Provisional), U.S. Army Training Center published the following orders announcing the applicant's qualification with the indicated weapons:

* Special Orders (SO) Number (#) 72 dated 20 April 1971 - ("sharpshooter" with the M-16 rifle)
* SO# 100 dated 2 June 1971 - ("marksman" with the .45 caliber pistol)
* SO# 101 dated 3 June 1971 - ("marksman" with the M-60 machine gun)
* SO# 103 dated 7 June 1971 - ("marksman" with the M-79 grenade launcher)
* SO# 116 dated 24 June 1971 - ("expert" with the 81 millimeter mortar)

4.  His DA Form 20 (Enlisted Qualification Record) shows he served in the Republic of Vietnam (RVN) from 30 October 1971 to 28 March 1972.  It also shows that during this tour he served in MOS 11C as an "ammunition bearer" while assigned with Company E, 4th Battalion, 31st Infantry Regiment.

5.  Item 38 of the DA Form 20 shows his receipt of "excellent" conduct and efficiency ratings at each of his active duty assignments.  His record is void of a unit commander's disqualification that would have precluded him from receiving the AGCM.

6.  On 27 January 1972, Headquarters, 95th Evacuation Hospital published General Order #23.  It announced the applicant's award of the PH for wounds he received in action in the RVN on 26 January 1972.

7.  His Official Military Personnel File (OMPF) contains SO #51 dated 
20 February 1972, which shows he was reduced from private first class (PFC/E-3) to private (PVT/E-2) by reason of misconduct as a result of non-judicial punishment (NJP) received under the provisions of Article 15 of the Uniform Code of Military Justice on 16 February 1972.

8.  His OMPF includes a DA Form 137 (Installation Clearance Record) prepared upon his departure from the RVN on 27 March 1972.  It shows his commander rendered "excellent" conduct and efficiency ratings at that time.

9.  The applicant's OMPF is void of any orders or other documents that indicate he was ever recommended for or awarded the CIB by proper authority while serving on active duty.

10.  On 31 March 1972, the applicant was honorably released from active duty after completing 1 year, 1 month, and 7 days of active service.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows he earned the following awards:

* NDSM
* VSM
* ARCOM

11.  Army Regulation 600-8-22 (Military Awards) prescribes the Army's awards policy.  

	a.  Paragraph 2-13 contains guidance on the VSM and states that a bronze service star is authorized with this award for participation in each Vietnam campaign a member is credited with.  Appendix B shows that during his service in Vietnam participation credit was awarded for the Consolidation I and Consolidation II campaigns.

	b.  Chapter 8 contains guidance on award of combat badges.  It states that the CIB is awarded to infantry officers and to enlisted and warrant officer personnel who have an infantry MOS.  They must have served in active ground combat while assigned or attached to an infantry unit of brigade, regimental or smaller size.  The awards regulation stipulates that combat service alone is not sufficient to support award of the CIB.

	c.  Paragraph 9-13 contains guidance on award of the RVN Campaign Medal with Device (1960).  It states, in pertinent part, that this award is authorized for members who served in the RVN for 6 months or more during the period 1 March 1961 through 28 March 1973.

12.  Army Regulation 672-5-1 (Awards) 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.

13.  Department of the Army General Order Number 8, dated in 1974, authorized the award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to all units assigned to the RVN from 8 February 1962 through 28 March 1973.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends his DD Form 214 should reflect all awards to which he is entitled.

2.  The evidence of record includes official orders announcing the applicant's PH; "expert" qualification with the 81 millimeter mortar; "sharpshooter" qualification with the M16 rifle; and "marksman" qualification with the .45 caliber pistol, M-60 machine gun, and M-17 grenade launcher.  Therefore, it would be appropriate to add this award and the corresponding badges based on his weapons qualifications to his DD Form 214.

3.  Although the applicant's record shows his receipt of NJP under Article 15 of the UCMJ for misconduct, there is no evidence of record that shows this one indiscretion was a true reflection of his overall record of service.  Subsequent to this offense, his commander rated him "excellent" in conduct and efficiency during the period that encompassed his receipt of this punishment.  In addition, he received “excellent” conduct and efficiency ratings at all of his assignments and his record is void of a unit commander disqualification that would have precluded award of the AGCM.  Thus, it would be appropriate to award him the AGCM for his qualifying period of honorable active duty service.

4.  The evidence of record confirms the applicant held an infantry MOS, was assigned to an infantry regiment while and participated in combat with that unit during his RVN tour as evidenced by his PH award he received for wounds he sustained in action during that time.  Therefore, he meets the regulatory criteria necessary for award of the CIB, and it would be appropriate to add this award to his record at this time.

5.  Finally, based on his service and campaign participation in the RVN, he is also entitled to 2 bronze service stars with his already-awarded VSM, to the RVN Campaign Medal with Device "1960", and to the RVN Gallantry Cross with Palm Unit Citation and none of these awards are currently listed on his DD Form 214.  Accordingly, it would be appropriate to add all of these awards to his DD Form 214.

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.  awarding him the Army Good Conduct Medal for his qualifying period of honorable service from 25 February 1971 to 31 March 1972;
   
   b.  awarding him the Combat Infantryman Badge;

   c.  amending Item 24 of his DD Form 214 by deleting the current entry and replacing it with the following awards:
   
   
   
* Purple Heart
* Army Commendation Medal
* Army Good Conduct Medal
* National Defense Service Medal
* Vietnam Service Medal with 2 bronze service stars
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Campaign Medal with Device 1960
* Combat Infantryman Badge
* Expert Marksmanship Qualification Badge with Mortar Bar
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar
* Marksman Marksmanship Qualification Badge with Pistol, Machine Gun, and Grenade Bar

	d.  issuing him a correction to his DD Form 214 to show these 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)                                         AR20100030039





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ABCMR Record of Proceedings (cont)                                         AR20100030039



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