IN THE CASE OF:	  

		BOARD DATE:	8 September 2011

		DOCKET NUMBER:  AR20110004355


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 the Bronze Star Medal (BSM) with "V" Device and the Combat Infantryman Badge (CIB).

2.  The applicant states these awards were not included on his DD Form 214 at the time of his separation.

3.  The applicant provides:

* a letter from the National Personnel Records Center (NRPC), St. Louis, MO, dated 6 October 2010
* a Standard Form (SF) 180 (Request Pertaining to Military Records), dated 24 September 2010
* his DD Form 214
* Letter Orders Number 05-61219, issued by the Office of the Adjutant General, Reserve Components Personnel and Administration Center, St. Louis, dated 5 May 1976
* his National Guard Bureau (NGB) Form 22 (Report of Separation and Record of Service) for the period ending 10 August 1976
* Orders 06-1084210, issued by the Office of the Adjutant General, Reserve Components Personnel and Administration Center, St. Louis, dated 1 June 1977
* DA Form 20 (Enlisted Qualification Record), dated 19 January 1976
* DA Form 20, dated 1 March 1971

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 enlisted in the Regular Army on 24 February 1971 for a period of two years.  He completed training and he was awarded military occupational specialty 11B (light weapons infantryman).

3.  Special Orders Number 73, issued by Headquarters, 3rd Training Brigade, U.S. Army Training Center, Infantry, Fort Ord, CA, dated 21 April 1971, awarded him the Expert Marksmanship Qualification Badge with Rifle Bar (M-16).

4.  Special Orders Number 87, issued by Headquarters, 1st Basic Training Brigade, U.S. Army Training Center, Infantry, Fort Ord, dated 13 May 1971, awarded him the Expert Marksmanship Qualification Badge with Grenade Bar (M-79).

5.  He served in the Republic of Vietnam from 29 January 1972 to 13 August 1972, while he was assigned to Company E, 1st Battalion, 7th Cavalry Regiment, 3rd Brigade (Separate), 1st Cavalry Division (Airmobile).

6.  General Orders Number 1286, issued by Headquarters, 3rd Brigade (Separate), 1st Cavalry Division (Airmobile), dated 1 February 1971, awarded him the BSM with "V" Device for heroism in the Republic of Vietnam on 20 March 1972.

7.  Special Orders Number 99, issued by the same headquarters, dated 8 April 1972, awarded him the CIB, effective 27 March 1972.

8.  Item 38 (Record of Assignments) of his DA Form 20 shows he received "excellent" conduct and efficiency ratings throughout his service.  There is no evidence of any convictions by court-martial or receipt of nonjudicial punishment under Article 15, Uniform Code of Military Justice (UCMJ), or a commander's disqualification that would have precluded the applicant from receiving the first award of the Army Good Conduct Medal.

9.  On 23 February 1973, the applicant was honorably released from active duty at the expiration of his term of service.  He was transferred to the U.S. Army Reserve (USAR) Control Group (Annual Training) to complete his remaining Reserve obligation.  He completed 2 years of total active service, including 6 months and 14 days of foreign service in the Republic of Vietnam.  The highest rank/grade he attained while serving on active duty was sergeant (SGT)/E-5.

10.  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 1 bronze service star
* Republic of Vietnam Campaign Medal with Device (1960)
* Army Commendation Medal
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar

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, 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.

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 following campaigns:

* Consolidation II (1 December 1971 - 29 March 1972)
* Vietnam Cease-Fire (30 March 1972 - 28 January 1973)

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 1st Battalion, 7th Cavalry Regiment, to which the applicant was assigned, was cited for the Republic of Vietnam Gallantry Cross 

with Palm Unit Citation for the period 17 September 1965 through 30 June 1972 by Department of the Army General Orders Number 54, dated 1974.

14.  Army Regulation 600-8-22 sets forth requirements for award of basic marksmanship qualification badges.  The qualification badge is awarded to indicate the degree – Expert, Sharpshooter, and Marksman -- in which an individual has qualified in a prescribed record course.  An appropriate bar is furnished to denote each weapon with which the individual has qualified.  Award of marksmanship badges is not permanent.  An award for previous marksmanship weapons qualification is revoked automatically whenever an individual, upon completion of firing a record course for which the previous award was made, has not attained the same qualification.  In the event a badge is authorized for firing a limited or sub-caliber course, it is automatically revoked if a record service course is subsequently fired.

DISCUSSION AND CONCLUSIONS:

1.  General orders awarded him the BSM with "V" Device.  Therefore, his DD Form 214 should be corrected to show this award.

2.  Special orders awarded him the CIB.  Therefore, his DD Form 214 should be corrected to show this award.

3.  He received "excellent" conduct and efficiency ratings throughout his service. There is no evidence of any disciplinary or derogatory actions or a commander's disqualification for the first award of the Army Good Conduct Medal.  Therefore, he should be awarded the Army Good Conduct Medal (1st Award), and his
DD Form 214 should be corrected to show this award.

4.  General orders cited his unit for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation during his period of assignment.  Therefore, he is entitled to correction of his DD Form 214 to show this unit award.

5.  He participated in two campaign phases during his service in the RVN.  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.

6.  Special orders awarded him the Expert Marksmanship Qualification Badge with Rifle (M-16) and Grenade (M-79) Bars.  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 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.  deleting from item 24 of his DD Form 214 the Vietnam Service Medal with one bronze service star and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar;

	b.  awarding him the Army Good Conduct Medal (1st Award) for the period
24 February 1971 through 23 February 1973; and

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

* Bronze Star Medal with "V" Device
* Army Good Conduct Medal (1st Award)
* Combat Infantryman Badge
* Vietnam Service Medal with 2 bronze service stars
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Expert Marksmanship Qualification Badge with Rifle Bar (M-16)
* Expert Marksmanship Qualification Badge with Grenade Bar (M-79)



      ____________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)                                         AR20100015543



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ABCMR Record of Proceedings (cont)                                         AR20110004355



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