IN THE CASE OF:  

		BOARD DATE:    21 September 2011

		DOCKET NUMBER:  AR20110001859


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, the spouse of a deceased former service member (FSM), requests correction of item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) her late husband's DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show the:

* Army Good Conduct Medal
* two or three bronze service stars to be affixed to his Vietnam Service Medal
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation
* Second Class Gunner Badge with Mortar Bar
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16)
* Expert Marksmanship Qualification Badge with Pistol Bar (.45 caliber)

2.  The applicant also requests all awards and decorations to which the FSM may be entitled for his service in Vietnam.

3.  The applicant states these awards were left off of the FSM's DD Form 214 when he left Vietnam and the Army.

4.  The applicant provides copies of the FSM's:

* DD Form 214


* DA Form 20 (Enlisted Qualification Record)
* marksmanship qualification and military occupational specialty orders

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 FSM was inducted into the Army of the United States on 4 November 1966.  He arrived in Vietnam on 19 April 1967.  He served as an infantry indirect fire crewman assigned to Company B, 2nd Battalion, 60th Infantry, in Vietnam from 23 April 1967 to 18 April 1968.  On 1 November 1968, he was released from active duty in the temporary rank of sergeant after completing 1 year, 11 months, and 28 days of creditable active service with no lost time.

3.  Item 24 of the FSM's DD Form 214 shows the:

* National Defense Service Medal
* Vietnam Service Medal
* Air Medal
* Expert Marksmanship Qualification Badge with Rifle Bar
* Army Commendation Medal
* two overseas service bars

4.  Special orders, dated 6 February 1967, show the FSM was awarded the Expert Marksmanship Qualification Badge with Pistol Bar (.45 caliber).

5.  Special orders, dated 16 February 1967, show the FSM was awarded the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16).

6.  Special orders, dated 20 February 1967, show the FSM was awarded the Second Class Gunner Badge with Mortar Bar.

7.  There is no evidence the FSM received the first award of the Army Good Conduct Medal.  There also is no evidence he was disqualified by his chain of command from receiving the Army Good Conduct Medal.  His records show he received conduct and efficiency ratings of "excellent" throughout his service.

8.  Records show the FSM participated in four campaigns during his assignment in Vietnam.

9.  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 Company B, 2nd Battalion, 60th Infantry, was cited for the following awards at the time of his assignment:

* Valorous Unit Award for actions during the period 1-3 February 1968 by Department of the Army General Orders (DAGO) Number 42, dated 1969
* Republic of Vietnam Gallantry Cross with Palm Unit Citation by DAGO Number 31, dated 1969
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation by DAGO Number 59, dated 1969

10.  Army Regulation 672-5-1 (Awards), in effect at the time, provided policy and criteria concerning individual military decorations.  It 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 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.  At the time, a Soldier's conduct and efficiency ratings must have been rated as "excellent" for the entire period of qualifying service.

11.  Army Regulation 600-8-22 (Military Awards) 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.  Qualifying service included assignment in Vietnam for 6 months or more.

12.  Army Regulation 600-8-22 states a bronze service star is worn on the appropriate service ribbon for each credited campaign, to include the Vietnam Service Medal.

DISCUSSION AND CONCLUSIONS:

1.  the FSM was released from active duty in the temporary rank of sergeant with almost 2 years of creditable active service with no lost time.  His records also show he received "excellent" conduct and efficiency ratings throughout his service with no disciplinary action 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 4 November 1966 through 1 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.

2.  The FSM participated in four campaigns during his assignment in Vietnam which entitles him to the Vietnam Service Medal with four bronze service stars.  His DD Form 214 should be corrected to show this award.

3.  The FSM's unit was cited for award of the Valorous Unit Award, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and 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.

4.  Orders show the FSM was awarded the Expert Marksmanship Qualification Badge with Pistol Bar (.45 caliber), Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16), and Second Class Gunner Badge with Mortar Bar.  His DD Form 214 should be corrected to show these marksmanship badges.

5.  Based on the FSM's service in Vietnam, he is eligible for the Republic of Vietnam Campaign Medal with Device (1960).  His DD Form 214 should be corrected to show this medal.

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 the FSM the Army Good Conduct Medal (1st Award) for the period 4 November 1966 through 1 November 1968 and

	b.  adding the Army Good Conduct Medal (1st Award), Republic of Vietnam Campaign Medal with Device (1960), Valorous Unit Award, Republic of Vietnam Gallantry Cross with Palm Unit Citation, Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, Expert Marksmanship Qualification Badge with Pistol Bar (.45 caliber), Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16), Second Class Gunner Badge with Mortar Bar, and four bronze service stars for wear on his already-awarded Vietnam Service Medal to item 24 of the FSM's 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)                                         AR20110001859



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20110001859



5


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1