IN THE CASE OF:	  

		BOARD DATE:	1 September 2011

		DOCKET NUMBER:  AR20110004398


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 any missing awards he may be entitled to.

2.  The applicant states he would like his DD Form 214 updated to reflect any missing medals, commendations, citations, or campaigns.

3.  The applicant provides:

* his DD Form 214
* General Orders Number 20, issued by Headquarters, XVIII Airborne Corps, Fort Bragg, NC, dated 1 February 1971
* a citation for the Army Commendation Medal (First Oak Leaf Cluster)
* a Letter of Commendation
* a photograph of a framed Letter of Congratulations
* Letter Orders Number 07-1246325, issued by the U.S. Army Reserve Components Personnel and Administration Center, St. Louis, MO, dated 24 July 1974

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 8 August 1968 for a period of
3 years.  He completed training and he was awarded military occupational specialty 67N (UH-1 Helicopter Repairman).

3.  Special Orders Number 270, issued by Headquarters, U.S. Army Training Center, Infantry, Fort Lewis, WA, dated 27 September 1968, awarded him the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14).

4.  He served in Vietnam from 22 May 1969 to 12 April 1970.  During his service in Vietnam he was assigned to Headquarters and Headquarters Company,
1st Brigade, 101st Airborne Division (Airmobile).

5.  Special Orders Number 182, issued by Headquarters, Simmons Army Aviation Command, Fort Bragg, dated 28 September 1970, awarded him the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16).

6.  General Orders Number 20, dated 1 February 1971, awarded him the Army Commendation Medal (First Oak Leaf Cluster) for meritorious achievement for the period 17 November 1970 through 19 December 1970.  The "First Oak Leaf Cluster" signifies the 2nd award of the Army Commendation Medal.

7.  On 6 August 1971, he was honorably released from active duty and he was transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement) to complete his remaining service obligation.  He completed 2 years, 11 months, and 29 days of total active service, including 10 months and 26 days of foreign service in Vietnam.  The highest rank/grade he attained while serving on active duty was specialist five (SP5)/E-5.

8.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the:

* National Defense Service Medal
* 
Republic of Vietnam Campaign Medal with Device (1960)
* Vietnam Service Medal
* Bronze Star Medal
* Aircraft Crewman Badge
* Air Medal (1st through 4th Oak Leaf Cluster)
* Army Commendation Medal

9.  There is no evidence in the available record that shows he was awarded the Army Good Conduct Medal.  Item 38 (Record of Assignments) of his DA Form 20 (Enlisted Qualification Record) shows he received "excellent" conduct and efficiency ratings throughout his service.  There is no evidence of a commander's disqualification for the award, and there is no evidence of any convictions by court-martial or receipt of nonjudicial punishment under Article 15, Uniform Code of Military Justice (UCMJ).

10.  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.

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 1st Brigade, 101st Airborne Division (Airmobile), to which the applicant was assigned, was cited for the:

* Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 19 July 1969 through 14 May 1969 by Department of the Army General Orders (DAGO) Number 43, dated 1970
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 18 March 1968 through 2 May 1970 by DAGO Number 48, dated 1971

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 three campaigns:
* 
Tet 69 Counteroffensive, 1969 (23 February 1969 - 8 June 1969)
* Vietnam Summer - Fall 1969 (9 June 1969 - 31 October 1969)
* Vietnam Winter - Spring 1970 (1 November 1969 - 30 April 1970)

13.  Army Regulation 600-8-22 states an oak leaf cluster is awarded to denote the second and succeeding awards of certain decorations, among which is the Army Commendation Medal.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends his DD Form 214 should be corrected to show his missing service medals.

2.  General orders awarded him the Army Commendation Medal (First Oak Leaf Cluster), which is not shown on his DD Form 214; therefore, he is entitled to correction of his DD Form 214 to show this award.

3.  His unit in Vietnam was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.  Therefore, he is entitled to correction of his DD Form 214 to show these unit awards.

4.  Special orders awarded him the Sharpshooter Marksmanship Qualification Badge with Rifle Bars (M-14 and M-16).  Therefore, he is entitled to correction of his DD Form 214 to show these marksmanship qualification badges.

5.  He served on active duty from 8 August 1968 through 6 August 1971.  He honorably served and received all "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.  As such, it appears that the applicant not receiving the Army Good Conduct Medal was the result of an administrative error.  Therefore, it would be appropriate at this time to award him the Army Good Conduct Medal (1st Award) and to correct his DD Form 214 to show this award.

6.  He participated in three campaign phases during his service in 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 these bronze service stars.

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 Army Commendation Medal and the Vietnam Service Medal;

	b.  awarding him the Army Good Conduct Medal (1st Award) for the period
8 August 1968 through 6 August 1971; and

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

* Army Commendation Medal (2nd Award)
* Army Good Conduct Medal (1st Award)
* Vietnam Service Medal with 3 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 Bars (M-14 and M-16)



      ____________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)                                         AR20110004398



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