BOARD DATE:	  8 September 2011

		DOCKET NUMBER:  AR20110002632 


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 records to show all awards he received.

2.  The applicant states, in effect, not all the awards he received are listed on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).

3.  The applicant provides a copy of orders awarding him the Combat Infantryman Badge.

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, and 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 United States Army on 16 July 1969.  He completed basic combat and advanced individual training and was awarded military occupational specialty (MOS) 11B (light weapons infantryman).  The highest rank he attained while serving on active duty was sergeant (SGT/E-5).

3.  Records show Special Orders Number 32, dated 1 February 1970, awarded him the Combat Infantryman Badge.

4.  A review of the applicant's record shows he is entitled to additional awards and decorations.

5.  Records show General Orders Number 6409, dated 6 June 1970, awarded him the Army Commendation Medal.

6.  Records show General Orders Number 14092, dated 30 November 1970, awarded him the Air Medal.

7.  The applicant served in Vietnam with A Company, 3rd Battalion (Airmobile), 506th Infantry during the period of 17 December 1969 to 13 February 1971.

8.  The applicant was honorably released from active duty on 17 February 1971.  His DD Form 214 shows he was awarded the National Defense Service Medal, the Vietnam Service Medal, the Republic of Vietnam Campaign Medal with device 1960, the "BS," and the Expert marksmanship Qualification Badge with Rifle Bar (M-14 and M-16).

9.  Department of the Army General Orders (DAGO) 48, dated 1971, awarded the applicant's unit the Republic of Vietnam Civil Actions Honor Medal First Class during the period 18 March 1968 through May 1970.

10.  DAGO 8, dated 1974, awarded the Republic of Vietnam Gallantry Cross with Palm Device to Headquarters, United States Army Vietnam and its subordinate units during the period 20 July 1965 to 28 March 1973.

11.  Army Regulation 600-8-22 (Military Awards) 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.  Three bronze service stars are authorized to be worn on the appropriate campaign medal.  Appendix B shows that during his service in Vietnam, participation credit was awarded for the following campaigns:

* Vietnam Winter-Spring 1970, 1 November 1969 - 30 April 1970
* DA Sanctuary Counteroffensive, 1 May 1970 - 30 June 1970
* Vietnam Counteroffensive Phase VII, 1 July 1970 - 30 June 1971

12.  A review of his service record shows no derogatory information in the form of 
lost time, nonjudicial punishment, or suspension of favorable personnel actions 
that would disqualify him for the first award of the Army Good Conduct Medal during the period 16 July 1969 through 17 February 1971.  He consistently received excellent marks on his conduct and efficiency ratings. There are also no entries in his record to indicate that his commanders denied him award of the Army Good Conduct Medal during this period of service.

13.  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, 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.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request that all the awards he received be accounted for in his records was carefully considered and determined to have merit.

2.  Orders awarded the applicant the Combat Infantryman Badge.  Therefore, he is entitled to have his DD Form 214 corrected to show award of the Combat Infantryman Badge.

3.  Orders awarded the applicant the Army Commendation Medal.  Therefore, he is entitled to have his DD Form 214 corrected to show award of the Army Commendation Medal.

4.  Orders awarded the applicant the Air Medal.  Therefore, he is entitled to have his DD Form 214 corrected to show award of the Air Medal.

5.  Records show the applicant participated in three campaigns while serving in the Republic of Vietnam.  Therefore, he is entitled to three bronze service stars for wear on his already-awarded Vietnam Service Medal and correction of his DD Form 214 to show this.

6.  General orders awarded the applicant's unit the Republic of Vietnam Civil Actions Honor Medal First Class during a period of time the applicant was assigned in Vietnam.  Therefore, he is entitled to have his DD Form 214 corrected to show this award.

7.  General orders awarded Headquarters, United States Army Vietnam and its subordinate units the Republic of Vietnam Gallantry Cross with Palm Unit Citation during a period of time the applicant was assigned in Vietnam.  Therefore, he is entitled to have his DD Form 214 corrected to show this award.

8.  The evidence of record confirms he served honorably on active duty during the period 16 July 1969 through 13 February 1971.  His record is void any 
evidence that shows he had lost time or that he received nonjudicial punishment or court-martial action during that period of service.  His record shows he consistently received "excellent" conduct and efficiency ratings.

9.  There is no evidence of a suspension of favorable personnel actions or that his commander denied him award of the Army Good Conduct Medal during his period of service.  

10.  Lacking any derogatory information on file that would have disqualified him, it would be appropriate to award him the Army Good Conduct Medal for the period 16 July 1969 through 17 February 1971 and to correct his DD Form 214 to show this award.

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 applicant the Army Good Conduct Medal (1st Award) for the period 16 July 1969 through 17 February 1971 and



	b.  adding the following awards to the DD Form 214:

* Air Medal
* Army Commendation Medal
* Army Good Conduct Medal
* three bronze service stars to be affixed to his previously-awarded Vietnam Service Medal
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Combat Infantryman Badge



      __________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)                                         AR20110002632



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ABCMR Record of Proceedings (cont)                                         AR20110002632



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