IN THE CASE OF:	  

		BOARD DATE:	    17 November 2011

		DOCKET NUMBER:  AR20110010701 


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 Combat Infantryman Badge, Republic of Vietnam Gallantry Cross Unit Citation, Air Medal, and all other awards and unit citations to which he is entitled.

2.  He states these awards are not listed on his DD Form 214.

3.  He provides a copy of 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 enlisted in the Regular Army on 24 March 1970.  He completed training and was awarded military occupational specialty 11B (Light Weapons Infantryman).

3.  He served in Vietnam from 3 March 1971 to on or about 21 January 1972 during three campaigns.  He was assigned to:

* Company C, 3rd Battalion, 506th Infantry – 20 March to 29 March 1971
* Company D, 3rd Battalion, 506th Infantry – 30 March to 3 May 1971
* Company B, 1st Battalion, 327th Infantry – 4 to 11 May 1971
* Company D, 1st Battalion, 327th Infantry – 12 May 1971 to on or about 21 January 1972

4.  Special Orders Number 127 issued by Headquarters, 101st Airborne Division (Airmobile), dated 7 May 1971, awarded him the Combat Infantryman Badge effective 1 January 1971.

5.  General Orders Number 10122 issued by the 101st Airborne Division (Airmobile), dated 25 October 1971, awarded him the Air Medal for meritorious achievement while participating in aerial flight in Vietnam from 8 March to 22 September 1971.

6.  He was honorably released from active duty on 24 January 1972 as an overseas returnee and he was transferred to the U.S. Army Reserve Control Group (Annual Training).  He was credited with completing 1 year, 10 months, and 1 day of net active service with no lost time.

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

* National Defense Service Medal.
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* Army Commendation Medal
* Bronze Star Medal

8.  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 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.


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

* National Defense Service Medal
* Vietnam Service Medal
* Combat Infantryman Badge
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16)

10.  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.

11.  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.

12.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows his unit, 3rd Battalion, 506th Infantry, was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation for service from 1 March to 9 October 1971 by Department of the Army General Orders Number 6, dated 1974.

13.  Department of the Army Pamphlet 672-3 also shows his unit, 1st Battalion, 327th Infantry, was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation for service from 18 April to 31 August 1971 and from 6 to 19 September 1971 by Department of the Army General Orders Number 6, dated 1974.

14.  Department of the Army Pamphlet 672-3 states not more than one Vietnam Gallantry Cross Unit Citation will be worn by any individual, thereby precluding wear of the Vietnamese Fourragere that represents multiple awards of the Republic of Vietnam Gallantry Cross.  The pamphlet provides that, although multiple awards of this unit citation are not authorized for wear, official military and historical records will indicate all awards received.  However, in those instances where a single unit received duplicate Vietnamese unit awards during the same period, only one will be recorded in official military and historical records.


DISCUSSION AND CONCLUSIONS:

1.  Orders confirm the applicant was awarded the Combat Infantryman Badge and Air Medal during his service in Vietnam.  Therefore, he is entitled to correction to his DD Form 214 to show these awards.

2.  The evidence of record also shows he was awarded the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16).  Therefore, he is entitled to correction to his DD Form 214 to show this award.

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 24 March 1970 through 24 January 1972 and correction of his DD Form 214 to show this award.

4.  General orders awarded his unit, the 596th Infantry, two awards of the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  Orders also awarded his unit, 327th Infantry, one award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  The regulation provides that, although multiple awards of this unit citation are not authorized for wear, official military and historical records will indicate all awards received.  Therefore, his is entitled to correction to his DD Form 214 to show award of three Republic of Vietnam Gallantry Cross with Palm Unit Citations.

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 the applicant the Army Good Conduct Medal (1st Award) for the period 24 March 1970 through 24 January 1972,

	b.  deleting the Vietnam Service Medal from item 24 of his DD Form 214, and

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

* Air Medal
* Army Good Conduct Medal (1st Award)
* Vietnam Service Medal with three bronze service stars
* Combat Infantryman Badge
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16)
* Republic of Vietnam Gallantry Cross with Palm Unit Citation (3rd Award)



      ___________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)                                         AR20110010701



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ABCMR Record of Proceedings (cont)                                         AR20110010701



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