IN THE CASE OF:	  

		BOARD DATE:	  30 August 2011

		DOCKET NUMBER:  AR20110003243 


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 add the following awards:

* Bronze Star Medal with "V" Device
* Bronze Star Medal with oak leaf clusters
* Combat Infantryman Badge
* marksmanship badges
* any unit citations he is authorized

2.  He also requests correction of his DD Form 214 to show his rank as E-5.

3.  The applicant states his DD Form 214 does not have all of his decorations listed.  He states the Disabled American Veterans found a copy of orders promoting him to E-5; however, he lost that record.

4.  The applicant provides general orders showing he was awarded the:

* Combat Infantryman Badge
* Bronze Star Medal with "V" Device
* Air Medal
* Bronze Star Medal with 2nd Oak Leaf Cluster

5.  He also provides:

* DA Form 20 (Enlisted Qualification Record)
* Bronze Star Medal with 2nd Oak Leaf Cluster Certificate
* Bronze Star Medal Citation
* 1st Cavalry Division (Airmobile) Vietnam Combat Certificate

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.  A DD Form 215 (Correction to DD Form 214), dated 14 January 2011, added the Combat Infantryman Badge to item 24 of his DD Form 214.  Therefore, there is no further action required concerning the Combat Infantryman Badge.  A copy of this DD Form 215 will be provided to the applicant.

3.  He was inducted into the Army of the United States on 10 February 1969.  He completed basic combat and advanced individual training (AIT) and was awarded military occupational specialty 11B (Light Weapons Infantryman).

4.  Headquarters, 3rd AIT Brigade (Infantry), U.S. Army Training Center, Fort Gordon, GA, issued:

* Special Orders Number 111, dated 26 May 1969, awarding him the Sharpshooter Marksmanship Qualification Badge with Automatic Rifle Bar
* Special Orders Number 117, dated 4 June 1969, awarding him the Second Class Badge (now known as the Sharpshooter Marksmanship Qualification Badge) with Machine Gun Bar

5.  Headquarters, 1st Infantry Division, issued:

* General Orders Number 2385, dated 18 February 1970, awarding him the Bronze Star Medal for meritorious achievement from 15 November 1969 to 31 January 1970
* Special Orders Number 58, dated 27 February 1970, promoting him to specialist four (SP4)
6.  Headquarters, 1st Cavalry Division (Airmobile), issued:

* General Orders Number 6624, dated 27 April 1970, awarding him the Bronze Star Medal with "V" Device for heroism on 15 April 1970
* General Orders Number 18905, dated 3 November 1970, awarding him the Bronze Star Medal for meritorious service from March 1970 to November 1970

7.  He served in the Republic of Vietnam from 20 November 1969 to 2 November 1970.  He was assigned to:

* 1st Battalion (Mechanized), 16th Infantry, 1st Infantry Division, from 29 November 1969 to 27 March 1970
* 2nd Battalion, 7th Cavalry, 1st Cavalry Division (Airmobile), from 28 March to 2 November 1970

8.  On 5 November 1970, he was released from active duty.  He completed 1 year, 8 months, and 26 days of active service that was characterized as honorable.  He was issued a DD Form 214 for this period of time.

	a.  Item 5a (Grade, Rate, or Rank) shows his rank as SP4 at the time of his separation.  Item 5b (Pay Grade) shows his pay grade as E-4.

	b.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) shows he was awarded or authorized the:

* National Defense Service Medal
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* Bronze Star Medal (2)
* Air Medal

9.  There are no orders promoting him to pay grade E-5.  Item 33 (Appointments and Reductions) of his DA Form 20 does not show he was promoted above SP4.

10.  There is no evidence the applicant received the first award of the Army Good Conduct Medal.  There also is no evidence the applicant was disqualified by his chain of command from receiving the Army Good Conduct Medal.  His records do not show indiscipline or lost time.  His records do not contain any adverse information and he received conduct and efficiency ratings of "excellent" throughout his service.

11.  Based on the applicant's dates of service in Vietnam, table B-1 of Army Regulation 600-8-22 (Military Awards) indicates he participated in the:

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

12.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists campaign participation credit, assault landing credit, and unit citation emblems awarded during the Vietnam Conflict.

	a.  During his assignment to 1st Battalion, 16th Infantry, the unit was awarded the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation (October 1965 to 7 April 1970).

	b.  During his assignment to 2nd Battalion, 7th Cavalry, the unit was awarded the:

* Valorous Unit Award (1 May-29 June 1970)
* Republic of Vietnam Gallantry Cross with Palm Unit Citation (21 February 1970-28 February 1971)

13.  Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214.  The regulation then in effect stated that the active duty grade or rank and pay grade at the time of separation was entered in item 5a and item 5b of the DD Form 214.

14.  Army Regulation 672-5-1 (Awards), in effect at the time, stated the Army Good Conduct Medal could be awarded upon termination of service on or after 27 June 1950 of less than 3 years but more than 1 year for the first award only.  The enlisted person must have had all "excellent" conduct and efficiency ratings. 

DISCUSSION AND CONCLUSIONS:

1.  There are no orders in his military personnel records jacket (MPRJ) promoting him to pay grade E-5.  His DA Form 20 does not show he was promoted above the rank of SP4.  The evidence shows he was an SP4/E-4 at the time of his separation.  Therefore, the rank and pay grade shown on his DD Form 214 is determined to be correct.

2.  Orders in his MPRJ show he was awarded one Bronze Star Medal for valor, one Bronze Star Medal for achievement, and one Bronze Star Medal for meritorious service.  Therefore, his DD Form 214 should show he was awarded the Bronze Star Medal with 2nd Oak Leaf Cluster and "V" Device.

3.  The applicant's records do not show indiscipline or lost time and he received conduct and efficiency ratings of "excellent" throughout his military service.  Therefore, the preponderance of evidence shows he should be awarded the first award of the Army Good Conduct Medal based on completion of qualifying service from 10 February 1969 to 5 November 1970 ending with the termination of a period of Federal military service.

4.  Based on his service in the Republic of Vietnam he is authorized the:

* Valorous Unit Award
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation

5.  He participated in three campaigns during his service in Vietnam.  Therefore, he is authorized three bronze service stars to be worn on his Vietnam Service Medal.

6.  Orders in his MPRJ show he is entitled to the Sharpshooter Marksmanship Qualification Badge with Rifle and Machine Gun Bars.

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 his service from 10 February 1969 to 5 November 1970 and

	b.  amending item 24 of his DD Form 214 to add the:

* Bronze Star Medal with 2nd Oak Leaf Cluster and "V" Device in lieu of the Bronze Star Medal (2)
* Army Good Conduct Medal (1st Award)
* Vietnam Service Medal with three bronze service stars in lieu of the Vietnam Service Medal
* Valorous Unit Award
* 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 and Machine Gun Bars

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 his rank and pay grade.



      ___________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)                                         AR20110003243



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ABCMR Record of Proceedings (cont)                                         AR20110003243



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