BOARD DATE:	  25 August 2011

		DOCKET NUMBER:  AR20110001857 


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 of his authorized awards.

2.  The applicant states the Army Good Conduct Medal, Republic of Vietnam Gallantry Cross with Palm Unit Citation, two or three service stars for his Vietnam Service Medal, Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, Expert Marksmanship Qualification Badge with Rifle Bar (M-16), and any/all unit awards were left off of his DD Form 214.

3.  The applicant provides copies of his DD Form 214, a letter from the National Personnel Records Center, and his DA Form 20 (Enlisted Qualification Record).

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 3 July 1968, completed training as an armor reconnaissance specialist, and was awarded the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14) and Marksman Marksmanship Qualification Badge with Rifle (M-16) Bar.  He then completed a noncommissioned officer training course.

3.  He reported to Vietnam as a sergeant where he served in the 1st Squadron, 9th Cavalry, from 27 June 1969 to 30 March 1970.

4.  The applicant's DA Form 20 shows in:

* item 38 (Record of Assignments) – his conduct and efficiency ratings were exclusively "excellent"
* item 41 (Awards and Decorations) –

* National Defense Service Medal
* Vietnam Service Medal
* Combat Infantryman Badge
* Army Commendation Medal
* Army Commendation Medal with "V" Device and 1st Oak Leaf Cluster
* Bronze Star Medal with "V" Device
* Air Medal
* Bronze Star Medal with 2nd Oak Leaf Cluster
* Expert Marksmanship Qualification Badge with Rifle Bar (M-16)
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)

5.  General orders contained in his record announced award of one Bronze Star Medal for heroism and one for meritorious service, the Air Medal, and two Army Commendation Medals for heroism.  There are no orders for a third Bronze Star Medal.

6.  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 pertaining to the applicant that are not in his record.

7.  The applicant returned to the United States and was separated early, on
3 April 1970, to attend college.  He was transferred to the U.S. Army Reserve 


with an honorable characterization of service.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows his awards as the National Defense Service Medal, Republic of Vietnam Campaign Medal with Device (1960), Army Commendation Medal with "V" Device and 1st Oak Leaf Cluster, Vietnam Service Medal, Combat Infantryman Badge, Bronze Star Medal with "V" Device and 1st Oak Leaf Cluster, and Air Medal.

8.  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 the 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.

9.  Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows:

	a.  1st Squadron, 9th Cavalry, was awarded the Valorous Unit Award for the period 1 October through 31 December 1969 by Department of the Army General Orders Number 32, dated 1973, and the Republic of Vietnam Gallantry Cross with Palm Unit Citation by Department of the Army General Orders Number 8, dated 1974.

	b.  Service stars are worn on service and campaign medals to denote participation in campaign.  The applicant's tour of duty coincided with the following three campaigns:  Vietnam Summer-Fall 1969 (9 June-31 October 1969), Vietnam Winter-Spring 1970 (1 November 1969-30 April 1970), and Sanctuary Counteroffensive (1 May-30 June 1970).

DISCUSSION AND CONCLUSIONS:

1.  The applicant states the Army Good Conduct Medal, Republic of Vietnam Gallantry Cross with Palm Unit Citation, two or three service stars for his Vietnam Service Medal, Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, Expert Marksmanship Qualification Badge with Rifle Bar (M-16), and any/all unit awards were left off of his DD Form 214.

2.  The applicant's conduct and efficiency ratings were exclusively "excellent." There is no record of any discreditable incidents.  Presumably, failure to award him the Army Good Conduct Medal was an oversight that should be corrected at this time.

3.  The applicant served in Vietnam during three designated campaigns and is entitled to wear three bronze service stars on the Vietnam Service Medal.

4.  The applicant's unit, 1st Squadron, 9th Cavalry, was awarded the Valorous Unit Award and the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  There is no available evidence showing this unit was awarded the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for a period that coincided with the applicant's tour of duty.

5.  The above authorized awards should be incorporated into the applicant's DD Form 214.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___x_____  __x______  ___x__  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined the evidence presented is 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 (1st Award) for the period 3 July 1968 through 3 April 1970,

	b.  deleting the awards listed in item 24 of his DD Form 214, and

	c.  adding to item 24 of his DD Form 214 his authorized awards of the Bronze Star Medal with "V" Device and 1st Oak Leaf Cluster, Air Medal, Army Commendation Medal, Army Good Conduct Medal, National Defense Service Medal, Vietnam Service Medal with three bronze service stars, Republic of Vietnam Campaign Medal with Device (1960), Valorous Unit Award, Republic of Vietnam Gallantry Cross with Palm with Palm Unit Citation, Combat Infantryman Badge, Expert Marksmanship Qualification Badge with Rifle Bar (M-16), and Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14).

2.  The Board further determined 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 adding the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation to his DD Form 214.



      ___________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)                                         AR20110001857



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20110001857



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1