IN THE CASE OF:	  

		BOARD DATE:	  29 September 2011

		DOCKET NUMBER:  AR20110005578 


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 award of the Bronze Star Medal and any other awards to which he is entitled to.

2.  He states after filing a claim with the Department of Veterans Affairs he realized that this medal was never recorded on his DD Form 214.

3.  He provides no additional documents.

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 13 May 1966 for a period of
3 years.

3.  He served in Vietnam from 19 October 1966 to 3 March 1969 with Troop A, 1st Squadron, 11th Armored Cavalry Regiment.

4.  General Orders Number 1053, issued by Headquarters, II Field Force Vietnam, dated 27 April 1969, awarded him the Bronze Star Medal for meritorious service from September 1966 to March 1969.

5.  His DA Form 20 (Enlisted Qualification Record) shows in:

* item 33 (Appointments and Reductions) he was:

* advanced to specialist four (SP4)/E-4 on 24 April 1967
* reduced to private first class (PFC)/E-3 on 15 March 1968 as a result of a summary court-martial
* advanced to SP4/E-4 on 13 June 1968
* promoted to specialist five (SP5)/E-5 on 23 November 1968

* item 38 (record of Assignments) he received all "excellent" conduct and efficiency ratings from 7 July 1968 through his release from active duty on 27 December 1971
* item 41 (Awards and Decorations) the:

* National Defense Service Medal
* Vietnam Service Medal
* Purple Heart
* Combat Infantryman Badge
* Republic of Vietnam Campaign Medal with Device (1960)
* Valorous Unit Award
* 4 overseas service bars
* Bronze Star Medal
* Expert Marksmanship Qualification Badge with Rifle Bar (M-16)

* item 44 (Time Lost under Section 972, Title 10, U.S. Code and Subsequent to Normal Date ETS) he was:

*  absent without leave (AWOL) from 27 December 1967 through
3 February 1968
* confined from 4-7 February 1968


6.  On 8 February 1968, he was returned to military control at Fort Ord, CA, pending return to his assigned unit in Vietnam.  He departed Fort Ord en route to Vietnam on 16 April 1968.  He was ultimately returned to his unit in Vietnam on 27 April 1968.

7.  On 3 March 1969, he was honorably discharged for the purpose of immediate reenlistment.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the DD Form 214 he was issued for this period of service shows the:

* National Defense Service Medal
* Vietnam Service Medal
* Republic of Vietnam Campaign with Device (1960)
* Purple Heart
* Combat Infantryman Badge
* Valorous Unit Award
* 4 overseas service bars
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16)

8.  On 25 June 1969, he reenlisted for a period of 3 years.  He was honorably discharged on 27 December 1971 for the purpose of entering or returning to college, university, or equivalent institution.  Item 24 of the DD Form 214 he was issued for this period of service shows the National Defense Service Medal and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar.

9.  Beginning 16 April 1968, his DA Form 20 shows he received no rating or all "excellent" conduct and efficiency ratings through his release from active duty on 27 December 1971.  There is also no evidence of any disciplinary actions or a commander's disqualification for the first award of the Army Good Conduct Medal.  Although he was reduced to PFC/E-3 on 15 March 1968 as a result of court-martial, he was re-advanced to SP4/E-4 on 13 June 1968, and subsequently promoted to SP5/E-5 on 23 November 1968, which is the rank he held at his final separation.

10.  Army Regulation 635-5 (Personnel Separations - Separation Documents), in effect at the time, prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It establishes standardized policy for the preparation of the DD Form 214.  It states that for item 24, enter all decorations, service medals, campaign credits, and badges awarded or authorized, omitting authorities cited therein.


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.  Conviction by court-martial terminates a period of qualifying service; a new period begins following the completion of sentence imposed by 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.  A silver service star will be worn in lieu of five bronze service stars.  Appendix B shows that during his service in Vietnam, the applicant participated in the following six campaigns:

* Vietnam Counteroffensive Phase II (1 July 1966 - 31 May 1967)
* Vietnam Counteroffensive Phase III (1 June 1967 - 29 January 1968)
* Vietnam Counteroffensive Phase IV (2 April - 30 June 1968)
* Vietnam Counteroffensive Phase V (1 July - 1 November 1968)
* Vietnam Counteroffensive Phase VI (2 November 1968 - 22 February 1969)
* Tet 69 Counteroffensive, 1969 (23 February - 8 June 1969)

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 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 7 September 1966 through 10 August 1968 by Department of the Army General Order number 60, dated 1969.

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 the applicant the Bronze Star Medal for meritorious service in Vietnam from September 1966 to March 1969.  Therefore, his
DD Form 214 should be corrected to show this award.

2.  Following his reduction to PFC/E-3 by a court-martial, he attained the rank/grade of SP4/E-4 on 13 June 1968 and SP5/E-5 on 23 November 1968.  Since regaining the rank/grade of SP4/E-4, his DA Form 20 shows he received all "excellent" conduct and efficiency ratings until his release from active duty on 27 December 1971.  There is also no evidence of any further disciplinary actions or a commander's disqualification for the Army Good Conduct Medal.  Therefore, he should be awarded the Army Good Conduct Medal (1st Award) for the period 16 April 1968 through 15 April 1971 and his DD Form 214 should be corrected to show this award.

3.  The applicant participated in six campaign phases during his service in Vietnam.  Therefore, he is entitled to one silver service star and one bronze service star for wear on his already-awarded Vietnam Service Medal and correction of his DD Form 214 to show these service stars.

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

5.  He initially qualified sharpshooter with the M-16 rifle.  However, he subsequently qualified expert with the same type weapon.  Therefore, he is entitled to correction of his DD Form 214 to show the Expert Marksmanship Qualification Badge with Rifle Bar (M-16).

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 for the period ending
27 December 1971 the Sharpshooter Marksmanship Qualification Badge with Rifle Bar;

	b.  awarding him the Army Good Conduct Medal (1st Award) for the period 
16 April 1968 through 15 April 1971; and

	c.  adding to item 24 of his DD Form 214 for the period ending 27 December 1971 the:

* Bronze Star Medal
* Purple Heart
* Army Good Conduct Medal (1st Award)
* Vietnam Service Medal with one silver service star and one bronze service star
* Republic of Vietnam Campaign Medal with Device (1960)
* Valorous Unit Award
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Combat Infantryman Badge
* Expert Marksmanship Qualification Badge with Rifle Bar (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)                                         AR20110005578



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ABCMR Record of Proceedings (cont)                                         AR20110005578



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