IN THE CASE OF:	  

		BOARD DATE:	26 July 2011

		DOCKET NUMBER:  AR20110001393


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 show all his entitled awards for service in the Republic of Vietnam.

2.  The applicant states, in effect, his DD Form 214 is incomplete and he is entitled to the retroactive award of any missing awards, as appropriate.

3.  The applicant provides no additional evidence.

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, for a 2-year term, on 16 November 1967.  He completed training and was awarded military occupational specialties (MOS) 13A (Field Artillery Basic), 45F (Light and Medium Towed Field Artillery Mechanic), and 63C (General Vehicle Repairman). 

3.  Special Orders Number 16, Headquarters, U.S. Army Training Center (Air Defense), Fort Bliss, TX, dated 19 January 1968 awarded him the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14) effective 8 January 1968.

4.  Special Orders Number 190, Headquarters, U.S. Army Artillery and Missile School Brigade, Fort Sill, OK, dated 7 August 1968 awarded him the Marksman Marksmanship Qualification Badge with Rifle Bar (M-16) effective 5 August 1968.

5.  His records show he served in the Republic of Vietnam from 29 September 1968 through 28 September 1969.  During his service in Vietnam he was assigned to Howitzer Battery, 1st Squadron, 11th Armored Cavalry Regiment.

6.  On 18 September 1969, he was honorably released from active duty, as an overseas returnee, and transferred to the U.S. Army Reserve Control Group for the remainder of his service obligation.  His DD Form 214 shows he completed 1 year, 9 months, and 12 days of total active service, including 11 months and 20 days of foreign service.  The highest rank/grade he attained while serving on active duty was specialist four/E-4.

7.  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, and Republic of Vietnam Campaign Medal with Device (1960).

8.  A review of the Awards and Decorations Computer Assisted Retrieval System (ADCARS), 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 personal decoration orders pertaining to the applicant.

9.  Army Regulation 672-5-1 (Awards), in effect at the time, stated the Army Good Conduct Medal (AGCM) 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.  There is no evidence in the available records that shows he was awarded the AGCM.  Item 38 (Record of Assignments) of his DA Form 20 (Enlisted Qualification Record) shows he consistently received "excellent" conduct and efficiency ratings throughout his service.  There is no evidence of a commander's disqualification for the award.  Additionally, there is no evidence of any convictions by courts-martial or receipt of nonjudicial punishment under Article 15, Uniform Code of Military Justice (UCMJ).  

11.  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 unit to which the applicant was assigned was cited for award of the Republic of Vietnam Gallantry Cross with Palm unit citation, for the period 8 February 1962 through 28 March 1973, by Department of the Army General Order Number 8, dated 1974.

12.  Army Regulation 600-8-22 (Military Awards), paragraph 2-13, contains the regulatory guidance on the Vietnam Service Medal.  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, participation credit was awarded for the following four campaigns:

* Vietnam Counteroffensive Phase V (1 July 1968 – 1 November 1968)
* Vietnam Counteroffensive Phase VI (2 November 1968 – 22 February 1969)
* Tet 69 Counteroffensive, 1969 (23 February 1969 – 8 June 1969)
* Vietnam Summer – Fall 1969 (9 June 1969 – 31 October 1969)

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows he served honorably, received no court-martial actions, and consistently received "excellent" conduct and efficiency ratings throughout his service.  Therefore, he is entitled to the first award of the AGCM, for the period 16 November 1967 through 18 September 1969, and to correction of his DD Form 214 to show this award.

2.  General orders awarded him the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14) and the Marksman Marksmanship Qualification Badge with Rifle Bar (M-16), which are not shown on his DD Form 214; therefore, he is entitled to correction of his DD Form 214 to show these awards.

3.  General orders awarded his unit of assignment in Vietnam the Republic of Vietnam Gallantry Cross with Palm unit citation, which is not shown on his DD Form 214; therefore, he is entitled to correction of his DD Form 214 to show this unit award.

4.  He participated in 4 campaigns during his service in Vietnam; therefore, he is entitled to 4 bronze service stars for wear on his previously-awarded Vietnam Service Medal and to correction of his DD Form 214 to show these service stars.

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:

   a. awarding him the Army Good Conduct Medal (1st Award) for the period  16 November 1967 through 18 September 1969; and

b. amending item 24 of his DD Form 214 to add:

* Army Good Conduct Medal (1st Award)
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-16)
* Republic of Vietnam Gallantry Cross with Palm unit citation
* 4 bronze service stars for wear on his previously-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)                                         AR20100015543



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20110001393



4


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1