IN THE CASE OF:	  

		BOARD DATE:	  23 August 2011

		DOCKET NUMBER:  AR20110002571 


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 award of the Army Commendation Medal, Expert Marksmanship Qualification Badge with Rifle Bar, and three bronze service stars.

2.  The applicant states these awards were not entered on his DD Form 214.

3.  The applicant provides his DD Form 214 and his Army Commendation Medal certificate with citation.

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 17 March 1966.  He completed initial entry training and he was awarded military occupational specialty 11B (light weapons infantryman).  He was promoted to the rank/grade of sergeant (SGT)/E-5.

3.  Item 38 (Record of Assignments) of his DA Form 20 (Enlisted Qualification Record) shows he performed duties in MOS 11B while assigned to Company B, 1st Battalion, 14th Infantry, 25th Infantry Division, Vietnam, during the period
23 October 1966 to 28 August 1967.

4.  The following orders issued by Headquarters, Fort Polk, LA are contained in the applicant's record:

* Special Orders Number 114, dated 2 May 1966, awarded him the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)
* Special Orders Number 177, dated 11 July 1966, awarded him the Marksman Marksmanship Qualification Badge with Rifle Bar (M-16)
* Special Orders Number 189, dated 23 July 1966, awarded him the First Class Gunner Badge (Sharpshooter Marksmanship Qualification Badge) with Machinegun Bar (M-60) 

5.  General Orders Number 4317, issued by Headquarters, 4th Infantry Division, dated 11 December 1967, awarded him the Army Commendation Medal for meritorious service in Vietnam from September 1966 to September 1967.

6.  He was honorably released from active duty on 15 March 1968 at the expiration of his term of service and he was transferred to the U.S. Army Reserve (USAR) Control Group (Annual Training) to complete his remaining Reserve obligation.  He completed 1 year, 11 months, and 29 days of total active service.

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 with bronze service star
* Republic of Vietnam Campaign Medal with Device (1960)
* Combat Infantryman Badge

8.  His records are void of any orders or other documents that indicate he was ever recommended for or awarded the Army Good Conduct Medal by proper authority.  Item 38 of his DA Form 20 shows he received all "excellent" conduct 


and efficiency ratings throughout his service.  There are no adverse actions recorded in his available record and no disqualification by his chain of command for the Army Good Conduct Medal.

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, 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 (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, the applicant participated in the following two campaigns:

* Vietnam Counteroffensive Phase II (1 July 1966 - 31 May 1967)
* Vietnam Counteroffensive Phase III (1 June 1967 - 29 January 1968)

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 1st Battalion, 14th Infantry, 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 January 1966 through 1 August 1967 by Department of the Army General Order (DAGO) Number 48, dated 1971
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 1 August 1967 - 31 October 1969 by DAGO Number 53, dated 1970

DISCUSSION AND CONCLUSIONS:

1.  General orders awarded him the Army Commendation Medal.  Therefore, he is entitled to correction of his DD Form 214 to show this award.

2.  There is no available order or other available evidence showing the applicant was awarded the 1st award of the Army Good Conduct Medal.  However, based on the evidence of record that shows he received all "excellent" conduct and efficiency ratings throughout his service and the absence of any disciplinary 


actions or a commander's disqualification, it appears he was eligible for award of the Army Good Conduct Medal based on completion of a qualifying period of service ending with the termination of active Federal military service.  As such, it would be appropriate to award him the Army Good Conduct Medal (1st Award) for the period 17 March 1966 through 15 March 1968 and to correct his DD Form 214 to show this award.

3.  General orders awarded his unit of assignment in Vietnam the Republic of Vietnam Gallantry Cross with Palm Unit Citation and Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation during the period he was assigned to the unit; therefore, he is entitled to correction of his DD Form 214 to show these unit awards.

4.  The available records show he participated in two campaign phases during his service in Vietnam.  Therefore, he is entitled to two bronze service stars for wear on his already-awarded Vietnam Service Medal and correction of his
DD Form 214 to show these bronze service stars.

5.  Special orders awarded him the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14), Marksman Marksmanship Qualification Badge with Rifle Bar (M-16), and the Sharpshooter Marksmanship Qualification Badge with Machinegun Bar (M-60).  Therefore, it would be appropriate to add these weapons qualification badges to his DD Form 214.

6.  There is no evidence of record that shows he participated in more than two campaign phases during his service in Vietnam.  Therefore, there is no basis for correcting his DD Form 214 to show the Vietnam Service Medal with three bronze service stars.

7.  There is no evidence of record and the applicant did not provide any evidence that shows he qualified as an expert with an assigned rifle.  Therefore, there is no basis for granting his DD Form 214 to show he qualified as an expert with a rifle bar.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

__X_____  ____X___  ____X___  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was 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.  deleting from item 24 of his DD Form 214 the Vietnam Service Medal with bronze service star;

	b.  awarding him the Army Good Conduct Medal (1st Award) for the period
17 March 1966 through 15 March 1968; and

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

* Army Commendation Medal
* Army Good Conduct Medal (1st Award)
* Vietnam Service Medal with two bronze service stars
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)
* Sharpshooter Marksmanship Qualification Badge with Machinegun Bar (M-60)
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-16)

2.  The Board further determined that 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 to item 24 of his
DD Form 214 the Expert Marksmanship Qualification Badge with Rifle Bar and the Vietnam Service Medal with three bronze service stars.



      _________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)                                         AR20110002571



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ABCMR Record of Proceedings (cont)                                         AR20110002571



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