IN THE CASE OF:	  

		BOARD DATE:	  10 November 2011

		DOCKET NUMBER:  AR20110010132 


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 Vietnam Service Medal, Expert Marksmanship Qualification Badge with Rifle Bar (M-16), and Marksman Marksmanship Qualification Badge with Rifle Bar (M-14).

2.  He states these awards are listed in his records but are not listed on his DD Form 214.  He just discovered the errors upon receipt of his records from the National Personnel Records Center.

3.  He provides:

* pages 1 and 4 of his DA Form 20 (Enlisted Qualification Record)
* his DD Form 214

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's military record shows he was inducted into the Army of the United States on 15 May 1968.  He completed training and was awarded military occupational specialty 63C (General Vehicle Repairman).  He served in Vietnam from 9 December 1968 through on or about 3 February 1969 during one campaign.  He was assigned to Company B, 53rd Signal Battalion.

3.  Special orders show he was awarded the Expert Marksmanship Qualification Badge with Rifle Bar (M-16) on 13 November 1968 and the Marksman Marksmanship Qualification Badge with Rifle Bar (M-14) on 11 July 1969.

4.  He was honorably released from active duty on 9 May 1970 as an overseas returnee and he was transferred to the U.S. Army Reserve Control Group (Annual Training) to complete his remaining service obligation.

5.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 lists the National Defense Service Medal.

6.  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 disciplinary action during his period of active service.  There also is no evidence of a commander's disqualification for the first award of the Army Good Conduct Medal.

7.  Item 41 (Awards and Decorations) of his DA Form 20 lists the:

* National Defense Service Medal
* Vietnam Service Medal
* Expert Marksmanship Qualification Badge with Rifle Bar (M-16)
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-14)

8.  Army Regulation 672-5-1 (Decorations and 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 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.

9.  Army Regulation 600-8-22 (Military Awards) authorizes a bronze service star based on qualifying service for each campaign listed in appendix B and states that authorized bronze service stars will be worn on the appropriate campaign or service medal, including the Vietnam Service Medal.

10.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows his unit, Company B, 53rd Signal Battalion, was awarded the Meritorious Unit Commendation for service from 1 July 1968 to 31 December 1969 by Department of the Army General Orders Number 48, dated 1971.

11.  Department of the Army General Orders Number 8, dated 1974, awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation to Headquarters, U.S. Military Assistance Command, and its subordinate units during the period 8 February 1962 to 28 March 1973 and to Headquarters, U.S. Army Vietnam, and its subordinate units during the period 20 July 1965 to 28 March 1973.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant served in Vietnam for a qualifying period of service for the Vietnam Service Medal and participated during one campaign.  Therefore, he is entitled to correction to his DD Form 214 to show the Vietnam Service Medal with one bronze service star.

2.  The evidence of record also shows he was awarded the Expert Marksmanship Qualification Badge with Rifle Bar (M-16) and Marksman Marksmanship Qualification Badge with Rifle Bar (M-14).  Therefore, he is entitled to correction to his DD Form 214 to show these badges.

3.  The evidence of record appears to show he met the criteria for the first award of the Army Good Conduct Medal and there is no evidence of record which shows he was disqualified by his commander for this award.  Therefore, he is entitled to the Army Good Conduct Medal (1st Award) for the period 15 May 1968 through 9 May 1970 and correction of his DD Form 214 to show this award.

4.  General orders also awarded his unit the Meritorious Unit Commendation and Republic of Vietnam Gallantry Cross with Palm Unit Citation during his period of assignment.  Therefore, it would be appropriate to correct his DD Form 214 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 15 May 1968 through 9 May 1970 and

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

* Army Good Conduct Medal (1st Award)
* Vietnam Service Medal with one bronze service star
* Expert Marksmanship Qualification Badge with Rifle Bar (M-16)
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-14)
* Meritorious Unit Commendation
* Republic of Vietnam Gallantry Cross with Palm 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)                                         AR20110010132



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ABCMR Record of Proceedings (cont)                                         AR20110010132



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