BOARD DATE:	  29 September 2011

		DOCKET NUMBER:  AR20110006130 


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 Air Medal and Bronze Star Medal.

2.  The applicant states these medals were not listed on his DD Form 214.

3.  The applicant provides award certificates for the Air Medal and Bronze Star Medal.

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.  He was inducted into the Army of the United States on 16 April 1968.  He arrived in Vietnam on 2 June 1969.  He served as a light weapons infantryman assigned to Troop B, 2nd Squadron, 17th Cavalry, 101st Airborne Division, in Vietnam from 19 June 1969 to 13 January 1970.  On 14 January 1970, he was released from active duty in the rank of sergeant after completing 1 year, 8 months, and 29 days of creditable active service with no time lost.

3.  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
* Purple Heart
* Republic of Vietnam Campaign Medal with Device (1960)
* Army Commendation Medal
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar
* one overseas service bar

4.  Special Orders Number 286, dated 13 October 1969, show was awarded the first award of the Combat Infantryman Badge.

5.  General Orders Number 153, dated 11 January 1970, show he was awarded the Air Medal for meritorious achievement while participating in aerial flight on 4 August 1969.

6.  General Orders Number 986, dated 3 February 1970, show he was awarded the Bronze Star Medal for meritorious service in connection with ground operations against a hostile force from 1 April 1969 to 31 January 1970.

7.  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 show he received conduct and efficiency ratings of "excellent" throughout his service.

8.  Records show he participated in three campaigns during his assignment in Vietnam.

9.  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 2nd Squadron, 17th Cavalry, was cited for award of the:

* Valorous Unit Award for the period 7 December 1969 to 16 February 1970 by Department of the Army General Orders (DAGO) 48, dated 1971
* Republic of Vietnam Gallantry Cross with Palm Unit Citation by DAGO 24, dated 1972

10.  Army Regulation 672-5-1 (Awards), in effect at the time, provided policy and criteria concerning individual military decorations.  It 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 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.  At the time, a Soldier's conduct and efficiency ratings must have been rated as "excellent" for the entire period of qualifying service.

11.  Army Regulation 600-8-22 (Military Awards) states a bronze service star is worn on the appropriate service ribbon for each credited campaign, to include the Vietnam Service Medal.

DISCUSSION AND CONCLUSIONS:

1.  Orders show he was awarded the Bronze Star Medal, Air Medal, and Combat Infantryman Badge.  His DD Form 214 should be corrected to show these awards.

2.  He was released from active duty in the rank of sergeant with almost 21 months of creditable active service with no time lost.  It appears the applicant met the eligibility criteria for the first award of the Army Good Conduct Medal for the period 16 April 1968 through 14 January 1970 based on completion of a period of qualifying service ending with the termination of a period of Federal military service.  Therefore, he should be awarded the Army Good Conduct Medal (1st Award) and his DD Form 214 should be corrected to show this award.

3.  He participated in three campaigns during his assignment in Vietnam which entitles him to the Vietnam Service Medal with three bronze service stars.  His DD Form 214 should be corrected to show this award.

4.  His unit was cited for award of the Valorous Unit Award and Republic of Vietnam Gallantry Cross with Palm Unit Citation while he was assigned to it.  His DD Form 214 should be corrected to show these unit awards.



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 him the Army Good Conduct Medal (1st Award) for the period 16 April 1968 through 14 January 1970 and

	b.  adding the Bronze Star Medal, Air Medal, Army Good Conduct Medal, Combat Infantryman Badge, Valorous Unit Award, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and three bronze service stars for wear on his already-awarded Vietnam Service Medal to item 24 of his DD Form 214.



      ___________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)                                         AR20110006130



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ABCMR Record of Proceedings (cont)                                         AR20110006130



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