IN THE CASE OF:	  

		BOARD DATE:	  23 August 2011

		DOCKET NUMBER:  AR20110002627 


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 additional Vietnam service awards he is authorized, his combat service medal (taken to mean the Combat Infantryman Badge), and the sniper school course.

2.  The applicant states he earned the Combat Infantryman Badge and that he completed Sniper School Course 6-71.

3.  The applicant provides:

* his DD Form 214
* Sniper School Course 6-71 completion certificate
* DD Form 256A (Honorable Discharge Certificate)
* two Certificates of Appreciation
* a sniper-related web printout

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 9 March 1970.  He completed initial entry training and he was awarded military occupational specialty 11B (light weapons infantryman).  He was advanced to the rank/grade of specialist four (SP4)/E-4.

3.  Item 38 (Record of Assignments) of his DA Form 20 (Enlisted Qualification Record) shows that during his tour of duty in the Republic of Vietnam (RVN) he performed duties as:

	a.  a rifleman while assigned to Company D, 4th Battalion, 3d Infantry,
11th Brigade during the period 31 August 1970 through 19 January 1971; and

	b.  a scout observer while he was assigned to Company E of the same battalion during the period 20 January to 12 April 1971.

4.  Item 41 (Awards and Decorations) of his DA Form 20 shows he qualified as:

* expert with the M-60 machine gun
* sharpshooter with the M-16 rifle
* sharpshooter with the .45 caliber pistol
* sharpshooter with the M-79 grenade launcher

5.  An Americal Combat Center certificate provided by the applicant shows he successfully completed Sniper School Course 6-71 on 26 January 1971.

6.  Special Orders Number 47, issued by Headquarters, 23d Infantry Division (Americal), dated 16 February 1971, awarded him the Combat Infantryman Badge effective the same date.

7.  He was honorably released from active duty on 25 September 1971 by reason of hardship.  He completed 1 year, 6 months, and 17 days of total active service.

8.  Sniper School Course 6-71 is not listed in item 25 (Education and Training Completed) of his DD Form 214.


9.  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
* Republic of Vietnam Campaign Medal with Device (1960)

10.  His record is 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 all "excellent" conduct and efficiency ratings.  There are no adverse actions recorded in the available records and no disqualification by his chain of command.

11.  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.

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, the applicant participated in the Vietnam Counteroffensive Phase VII (1 July 1970 - 30 June 1971) campaign:

13.  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 4th Battalion, 3rd 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 8 February through 30 April 1971 by Department of the Army General Order Number 42, dated 1970

14.  Army Regulation 635-5 (Personnel Separations - Separation Documents), in effect at the time, prescribed the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It established standardized policy for the preparation of the DD Form 214.  It stated for item 25, enter service schools, including major courses which were successfully completed during the period covered by the DD Form 214 being prepared.  It further stated to enter installation training courses (qualification courses), military correspondence courses, and off-duty courses the enlisted person had completed successfully during the period covered by the DD Form 214 being prepared.

DISCUSSION AND CONCLUSIONS:

1.  Special orders awarded the applicant the Combat Infantryman Badge.  Therefore, he is entitled to correction of his DD Form 214 to show this award.

2.  The Sniper School Course 6-71 certificate shows he successfully completed this resident course.  Therefore, he is entitled to correction of his DD Form 214 to show this completed course.

3.  There is no order or other available evidence that shows he was awarded the Army Good Conduct Medal.  He received "excellent" conduct and efficiency ratings throughout his service.  There is also no evidence of any disciplinary actions or a commander's disqualification that would have precluded him from this award.  Therefore, it would be appropriate to award him the first award of the Army Good Conduct Medal for the period 9 March 1970 through 25 September 1971 and to correct his DD Form 214 to show this award.

4.  He participated in one campaign during his service in Vietnam.  Therefore, he is entitled to one bronze service star for wear on his already-awarded Vietnam Service Medal and correction of his DD Form 214 to show this bronze service star.

5.  His unit was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation during his period of assignment.  Therefore, his DD Form 214 should be corrected to show this unit award.

6.  His DA Form 20 shows he qualified as an expert with the M-60 machine gun, and as a sharpshooter with the M-16 rifle, .45 caliber pistol, and the M-79 grenade launcher.  Therefore, his DD Form 214 should be corrected to show these qualification badges.

BOARD VOTE:

____X____  ____X____  ___X_____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:

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

	b.  awarding him the Army Good Conduct Medal (1st Award) for the period
9 March 1970 through 25 September 1971;

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

* Army Good Conduct Medal (1st Award)
* Vietnam Service Medal with one bronze service star
* Combat Infantryman Badge
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16)
* Expert Marksmanship Qualification Badge with Machinegun Bar (M-60)
* Sharpshooter Marksmanship Qualification Badge with Pistol Bar (.45 caliber pistol)
* Sharpshooter Marksmanship Qualification Badge with Grenade Bar (M-79)

	d.  adding to item 25 of his DD Form 214 the entry "Sniper School Course, 1971."



      ___________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)                                         AR20110002627



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ABCMR Record of Proceedings (cont)                                         AR20110002627



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