BOARD DATE:	  15 November 2011

		DOCKET NUMBER:  AR20110007899 


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 Army Good Conduct Medal and all other awards he may have been awarded or authorized.

2.  The applicant states he completed 3 years and 10 months of honorable and faithful service without any nonjudicial punishment, disciplinary infraction, or court-martial.  He also states he served a year in the Republic of Vietnam (RVN).

3.  The applicant provides copies of his DD Form 214 and Executive Order Number 10444, dated 14 April 1953.

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.  On 21 April 1966, the applicant enlisted in the Regular Army.  He completed his initial training and was awarded military occupational specialty 11E (Armor Crewman).

3.  Special Orders Number 129, U.S. Army Training Center, Fort Benning, Georgia, dated 2 June 1966, awarded the applicant the Marksman Marksmanship Qualification Badge with Rifle Bar.

4.  On 3 September 1966, the applicant departed the United States for duty in the Federal Republic of Germany (FRG).

	a.  On 15 September 1966, he was assigned to the 1st Battalion, 33rd Armored Regiment.

	b.  Special Orders Number 70, 3rd Armored Division, dated 16 March 1967, awarded the applicant the Marksman Marksmanship Qualification Badge with Pistol Bar.

	c.  On 15 February 1968, he was promoted to sergeant/pay grade E-5.

5.  On 11 December 1968, the applicant departed the FRG for duty in the RVN.

	a.  He arrived in the RVN on 22 January 1969.

	b.  On 2 February 1969, he was assigned as a tank commander with Troop C, 2nd Squadron, 1st Cavalry Regiment, 4th Infantry Division.

	c.  On 19 January 1970, he departed the RVN.

6.  On 20 January 1970, the applicant was released from active duty and transferred to the U.S. Army Reserve Control Group (Reinforcement).  He completed 3 years and 10 months of active duty service.  His characterization of service was honorable and he was fully eligible for immediate reenlistment without a waiver.

7.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 lists the following awards:

* National Defense Service Medal
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-14)
* Vietnam Service Medal


* RVN Campaign Medal with Device (1960)
* two overseas service bars [uniform items]

8.  Item 38 (Record of Assignments) of the applicant's DA Form 20 (Enlisted Qualification Record) shows his conduct and efficiency ratings were "excellent."  The applicant's records do not contain any evidence of disciplinary action.  There is no evidence to show the commander took any action to deny him the Army Good Conduct Medal.

9.  A review of the Awards and Decorations Computer Assisted Retrieval System (ADCARS) failed to reveal any orders awarding the applicant a personal decoration.  ADCARS is an index of general orders issued during the Vietnam era between 1965 and 1973 maintained by the Military Awards Branch of the U.S. Army Human Resources Command.

10.  Appendix B of Army Regulation 600-8-22 (Military Awards) shows that based on the applicant's dates of service in the RVN, he participated in the following four campaigns:  Vietnam Counteroffensive Phase VI, Tet 69 Counteroffensive 1969, Vietnam Summer-Fall 1969, and Vietnam Winter-Spring 1970.  This same regulation states a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.

11.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in the Republic of Vietnam.  This publication shows Troop C, 2nd Squadron, 1st Cavalry Regiment, 4th Infantry Division, was cited in the following Department of the Army general orders (DAGO) during the time of the applicant's assignment:

	a.  DAGO Number 3,dated 1970, and DAGO Number 52, dated 1971, for award of the RVN Gallantry Cross with Palm Unit Citation [two awards];

	b.  DAGO Number 53, dated 1970, for award of the RVN Civil Actions Honor Medal First Class Unit Citation; and

	c.  DAGO Number 24, dated 1972, for award of the RVN Gallantry Cross with Silver Star Unit Citation.

12.  Army Regulation 672-5-1 (Awards), in effect at the time, provided that the Army Good Conduct Medal was awarded to enlisted Soldiers who had completed a qualified period of active duty enlisted service.  This period was 3 years except in those cases when the period for the first award ended with the termination of a period of Federal military service.  The enlisted person must have had all "excellent" conduct and efficiency ratings and no convictions by a court-martial.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant's records clearly show he distinguished himself in the performance of his military service as evidenced by his attainment of the rank of sergeant/pay grade E-5 and achieving all "excellent" conduct and efficiency ratings.  Therefore, it is presumed that his not receiving an AGCM for his service was an oversight.  Accordingly, he should be awarded this medal.

2.  Records show the applicant participated in four campaigns during his service in the RVN.  Therefore, he is entitled to four bronze service stars to be affixed to his already-awarded Vietnam Service Medal.

3.  The applicant's unit was cited in DAGO for award of RVN Gallantry Cross with Palm Unit Citation (two awards), RVN Gallantry Cross with Silver Star Unit Citation, and RVN Civil Actions Honor Medal First Class Unit Citation.  Therefore, his records should be corrected to show these foreign unit awards.

4.  Special orders show the applicant was awarded the Marksman Marksmanship Qualification Badge with Rifle and Pistol Bars.  Therefore, his records should be corrected to show this badge.

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 21 April 1966 to 20 April 1969,

	b.  adding the following awards to item 24 of his DD Form 214:

* Army Good Conduct Medal (1st Award)
* four bronze service stars for wear on his Vietnam Service Medal
* Republic of Vietnam Gallantry Cross with Palm Unit Citation (2nd Award)
* Republic of Vietnam Gallantry Cross with Silver Star Unit Citation
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation



      __________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)                                         AR20110007899



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ABCMR Record of Proceedings (cont)                                         AR20110007899



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