IN THE CASE OF:	  

		BOARD DATE:	    7 July 2011

		DOCKET NUMBER:  AR20110000110 


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 the:

* Bronze Star Medal
* Army Commendation Medal
* any and all other awards he may have earned

2.  He states the requested awards are not shown on his DD Form 214.

3.  The applicant provides:

* DD Form 214
* Army Commendation Medal Certificate
* Bronze Star Medal Certificate

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 enlisted in the Regular Army on 20 May 1968 and held military occupational specialty 62E (Construction Machine Operator).  He served in Vietnam from 9 May 1970 to 12 April 1971.  He was assigned to Headquarters and Headquarters Company, 326th Engineer Battalion, 101st Airborne Division.

3.  He was honorably released from active duty in the rank/grade of specialist five (SP5)/E-5 on 13 April 1971 and he was transferred to the U.S. Army Reserve Control Group (Reinforcement) to complete his remaining service obligation.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the:

* National Defense Service Medal
* Vietnam Service Medal
* Vietnam Campaign Medal
* two overseas service bars
* Army of Occupation Medal (Berlin)
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-14)

4.  General Orders Number 14754 issued by Headquarters, 101st Airborne Division, on 18 December 1970 awarded him the Army Commendation Medal for meritorious achievement in Vietnam from 1 June to 31 October 1970.

5.  General Orders Number 2350 issued by Headquarters, 101st Airborne Division, on 19 March 1971 awarded him the Bronze Star Medal for meritorious achievement in Vietnam from May 1970 to March 1971.

6.  Item 29 (Qualification in Arms) of his DA Form 20 shows he qualified as Marksman with his M-16 rifle on 26 August 1969.

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

8.  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.

9.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows during his tenure with the 326th Engineer Battalion, this unit was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation for service from 1 March to 9 October 1971 based on Department of the Army General Orders Number 6, dated 1974.

10.  Army Regulation 600-8-22 (Military Awards), paragraph 2-13, contains the regulatory guidance on the Vietnam Service Medal.  It states 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, campaign participation credit was awarded for the:

* Department of the Army Sanctuary Counteroffensive – 1 May to 30 June 1970
* Vietnam Counteroffensive Phase VII – 1 July 1970 to 30 June 1971

DISCUSSION AND CONCLUSIONS:

1.  General orders awarded the applicant the Bronze Star Medal and Army Commendation Medal which are not shown on his DD Form 214.  Therefore, he is entitled to correction of his DD Form 214 to show these awards.

2.  He served honorably from 20 May 1968 through 13 April 1971.  He completed a combat tour in Vietnam, attained the rank/grade of SP5/E-5, and received "excellent" efficiency and conduct ratings throughout his military service.  Lacking any derogatory information on file that would have disqualified him from receiving the first award of the Army Good Conduct Medal, it would be appropriate to award the applicant the Army Good Conduct Medal based and to correct his records to show this award.

3.  General orders awarded his unit the Republic of Vietnam Gallantry Cross with Palm Unit Citation which is not shown on his records.  Therefore, he is entitled to correction of his records to show this unit award.

4.  He was awarded the Vietnam Service Medal.  Additionally, he participated in two campaigns while serving in the Republic of Vietnam.  Therefore, he is entitled to two bronze service stars to be affixed to the Vietnam Service Medal.

5.  He qualified as Marksman with the M-16 rifle.  Therefore, he is entitled to award of the Marksman Marksmanship Qualification Badge with Rifle Bar (M-16) and correction of his records to show it.

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 20 May 1968 through 13 April 1971
* adding to his DD Form 214 the:

* Bronze Star Medal
* Army Commendation Medal
* Army Good Conduct Medal (1st Award)
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-16)
* 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)                                         AR20110000110



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ABCMR Record of Proceedings (cont)                                         AR20110000110



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