IN THE CASE OF:	  

		BOARD DATE:	  7 July 2011

		DOCKET NUMBER:  AR20100030351 


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 the Bronze Star Medal and Air Medal be added to
item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 (Report of Transfer or Discharge).  He also requests the MACV [Military Assistance Command Vietnam] Recondo School be added to item 25 (Education and Training Completed) of his DD Form 214.
 
2.  The applicant states:

* he was discharged before the awards could be put on his DD Form 214
* he never knew these items could be added to update his DD Form 214
* his disability affected his ability to do this 

3.  The applicant provides:

* orders and citation for the Bronze Star Medal
* orders for the Air Medal
* a letter, subject:  Completion of the MACV Recondo School, dated
16 March 1968
* his 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 was inducted into the Army of the United States on
16 November 1966.  He arrived in Vietnam on 3 December 1967.  He served as an infantryman assigned to Company E, 2nd Battalion (Airborne), 506th Infantry in Vietnam from 5 December 1967 to 1 November 1968.  On 4 November 1968, he was released from active duty in the temporary rank/grade of sergeant (SGT)/E-5 after completing 1 year, 11 months, and 19 days of total active service with no time lost.

3.  Item 24 of his DD Form 214 shows the Parachutist Badge, Combat Infantryman Badge, and the Army Commendation Medal.  Item 25 shows the entry "NONE."

4.  The applicant provided a letter issued by the MACV Recondo School,
5th Special Forces Group (Airborne), 1st Special Forces, dated 16 March 1968, that shows he completed the 3-week course of instruction in the Long Range Reconnaissance Patrolling techniques and graduated from the MACV Recondo School.

5.  General Orders Number 7988, issued by Headquarters, 101st Airborne Division, dated 22 October 1968, awarded him the Bronze Star Medal.

6.  General Orders Number 10649, issued by the same headquarters, dated
13 December 1968, awarded him the Air Medal.

7.  There is no evidence the applicant received the first award of the Army Good Conduct Medal.  There also is no record of any disciplinary actions imposed against the applicant.  There is also no evidence the applicant was disqualified 


by his chain of command from receiving the Army Good Conduct Medal.  His DA Form 20 (Enlisted Qualification Record) shows he received "excellent" conduct and efficiency ratings throughout his service.

8.  Army Regulation 600-8-22 (Military Awards) states the National Defense Service Medal is awarded for honorable active service for any period between  27 July 1950 and 27 July 1954, 1 January 1961 and 14 August 1974, 2 August 1990 and 30 November 1995, and 11 September 2001 and a date to be determined.  

9.  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.

10.  Army Regulation 600-8-22 states the Vietnam Service Medal is awarded to all members of the Armed Forces of the United States for qualifying service in Vietnam after 3 July 1965 through 28 March 1973.  Qualifying service included attachment to or assignment for 1 or more days with an organization participating in or directly supporting military operations.  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 four campaigns:

* Vietnam Counteroffensive Phase III (1 June 1967 - 29 January 1968)
* Tet Counteroffensive (30 January - 1 April 1968)
* Vietnam Counteroffensive Phase IV (2 April - 30 June 1968)
* Vietnam Counteroffensive Phase V (1 July - 1 November 1968)

11.  Army Regulation 600-8-22 states the Republic of Vietnam Campaign Medal with Device (1960) was awarded by the Government of Vietnam to all members of the Armed Forces of the United States for qualifying service in Vietnam during the period 1 March 1961 through 28 March 1973.

12.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam.  This pamphlet shows the 2nd Battalion, 506th Infantry, the unit to which the applicant was assigned, was cited for award of the:

* Presidential Unit Citation for the period 13 June 1968 through
23 September 1968 by Department of the Army General Orders (DAGO) Number 38, dated 1971
* Meritorious Unit Commendation for the period 14 March 1968 through
3 October 1968 by DAGO 22, dated 1976
* Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 31 January through 3 February 1968 by DAGO 24, dated 1972
* Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 19 July 1968 through 14 May 1969 by DAGO 43, dated 1970
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 3 October 1968 through 2 May 1970 by DAGO 48, dated 1971

13.  Department of the Army Pamphlet 672-3, paragraph 6 (Miscellaneous Information), states that not more than one award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation may be worn by any individual.  Although wear of multiple awards of this unit citation badge is not authorized, official military personnel and historical records will indicate all awards received.

14.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It establishes standardized policy for the preparation of the DD Form 214.  The regulation in effect at the time provided that item 25 would list service schools, including major courses that were successfully completed, and military sponsored courses completed in civilian schools and colleges during the period covered by the DD Form 214.  

DISCUSSION AND CONCLUSIONS:

1.  General orders awarded the applicant the Bronze Star Medal and the Air Medal.  Therefore, his DD Form 214 should be corrected to show these awards.

2.  Evidence shows he completed the 3-week MACV Recondo School in 1968.  Therefore, item 25 of his DD Form 214 should be corrected to show this schooling.

3.  He served a period of qualifying service for award of the National Defense Service Medal.  Therefore, his DD Form 214 should be corrected to show this award.

4.  Based on his service in Vietnam and participation in four campaign phases, he is entitled to the Vietnam Service Medal with four bronze service stars and the 


Republic of Vietnam Campaign Medal with Device (1960).  Therefore, his
DD Form 214 should be corrected to show these awards.

5.  His unit was cited for award of the Presidential Unit Citation, Meritorious Unit Commendation, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation while he was assigned to it.  Therefore, his DD Form 214 should be corrected to show these unit awards.

6.  His unit was also cited for two awards of the Republic of Vietnam Gallantry Cross with Palm Unit Citation while he was assigned to them.  Although he is entitled to wear only one of these awards, his DD Form 214 should be corrected to show these unit awards.

7.  The applicant was released from active duty in the temporary rank/grade of SGT/E-5 with 1 year, 11 months, and 19 days of total active service with no time lost.  His records also show he received "excellent" conduct and efficiency ratings throughout his service with no disciplinary actions or a commander's disqualification.  It appears he met the eligibility criteria for the first award of the Army Good Conduct Medal for the period 16 November 1966 through
4 November 1968 based on completion of a period of qualifying service ending with the termination of a period of Federal military service.  Therefore, he should be awarded the Army Good Conduct Medal (1st Award) 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.  awarding him the Army Good Conduct Medal (1st Award) for the period
16 November 1966 through 4 November 1968;


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

* Bronze Star Medal
* Air Medal
* Army Good Conduct Medal (1st Award)
* National Defense Service Medal
* Vietnam Service Medal with four bronze service stars
* Republic of Vietnam Campaign Medal with Device (1960)
* Presidential Unit Citation
* Meritorious Unit Commendation
* Republic of Vietnam Gallantry Cross with Palm Unit Citation (2nd Award)
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation

	c.  deleting from item 25 of his DD Form 214 the entry "None" and replacing it with the entry "MACV Recondo School, 3 weeks, 1968."



      ___________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)                                         AR20100030351



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ABCMR Record of Proceedings (cont)                                         AR20100030351



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