BOARD DATE:	  17 November 2011

		DOCKET NUMBER:  AR20110010899 


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 Republic of Vietnam (RVN) Campaign Medal with Device (1960).

2.  The applicant states he was assigned to Company C, 2nd Battalion,
7th Cavalry, 1st Cavalry Division (Airmobile) in the RVN from October 1969 to July 1970.  He recently learned that he qualifies for the RVN Campaign Medal with Device (1960) based on the 9 months he served in the RVN.

3.  The applicant 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 was inducted into the Army of the United States on 19 July 1968.  He was awarded military occupational specialty 11B (Light Weapons Infantryman).

3.  The applicant's DA Form 20 (Enlisted Qualification Record) shows in:

   a.  Item 29 (Qualification in Arms) he qualified:

* Sharpshooter with the M-14 Rifle on 22 August 1968
* Marksman with the M-16 Automatic Rifle on 11 October 1968
* Marksman with the M-60 Machinegun on 15 October 1968

	b.  Item 31 (Foreign Service):  Vietnam from 3 October 1969 to 11 July 1970.

   c.  Item 38 (Record of Assignments):

* he was assigned to Company C, 2nd Battalion, 7th Cavalry, 1st Cavalry Division (Air Mobile), from 13 October 1969 through 6 July 1970
* he received "excellent" conduct and efficiency ratings throughout his service

	d.  Item 41 (Awards and Decorations):  National Defense Service Medal, Parachutist Badge, Combat Infantryman Badge, Vietnam Service Medal, Air Medal, one Overseas Service Bar, RVN Campaign Medal with Device (1960), Bronze Star Medal, Sharpshooter Marksmanship Qualification Badge (Rifle 
M-14), and Marksman Marksmanship Qualification Badge (Machinegun M-60) and Automatic Rifle (M-16).

4.  A DA Form 137 (Installation Clearance Record), dated 5 July 1970, shows the applicant's commanding officer indicated "Individual has been presented an award for meritorious service Conduct Excellent, Efficiency Excellent."

5.  His DD Form 214 shows the applicant was honorably released from active duty on 11 July 1970 and transferred to the U.S. Army Reserve Control Group (Reinforcement) to complete his Reserve obligation.  He completed 1 year, 
11 months, and 23 days of net active service that included 9 months and 9 days of foreign service.  It shows in:

	a.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized):  Combat Infantryman Badge, Parachutist Badge, National Defense Service Medal, Vietnam Service Medal, Bronze Star Medal, one Overseas Service Bar, Air Medal (1st Oak Leaf Cluster), and RVN Gallantry Cross with Bronze Star.

   b.  Item 26a (Non-Pay Periods Time Lost):  "None."

6.  A review of the available evidence reveals the applicant may be authorized additional awards that are not shown on his DD Form 214.

7.  Headquarters, U.S. Army Training Center, Infantry, Fort Benning, Georgia, Special Orders Number 207, dated 28 August 1968, awarded the applicant the 
Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14).

8.  Headquarters, U.S. Army Training Center, Infantry, Fort Polk, Louisiana:

	a.  Special Orders Number 265, dated 18 October 1968, awarded the applicant the Marksman Marksmanship Qualification Badge with Automatic Rifle Bar (M-16).

	b.  Special Orders Number 268, dated 22 October 1968, awarded the applicant the 2nd Class Gunner (Marksman) Marksmanship Qualification Badge with Machinegun Bar (M-60).

9.  Army Regulation 600-8-22 (Military Awards) provides policy, criteria, and administrative instructions concerning military awards and decorations:

   a.  Paragraph 2-13 contains the regulatory guidance for the Vietnam Service Medal.  It states that one bronze service star is authorized with this service medal for each Vietnam campaign a member is credited with participating in.

   b.  Table B-1 contains a list of Vietnam Conflict campaigns and shows that during the applicant's service in Vietnam from 3 October 1969 to 11 July 1970, participation credit was awarded for the following four campaigns:

* Vietnam Summer - Fall 1969 (9 June - 31 October 1969)
* Vietnam Winter - Spring 1970 (1 November 1969 - 30 April 1970)
* Sanctuary Counteroffensive (1 May - 30 June 1970)
* Vietnam Counteroffensive Phase VII (1 July 1970 - 30 June 1971)

   c.  Paragraph 9-13 shows the RVN Campaign Medal with Device (1960) was awarded by the Government of Vietnam to all members of the Armed Forces of the United States for qualifying service in Vietnam during the period 1 March 1961 through 28 March 1973.  Qualifying service included assignment in Vietnam 6 months or more.
10.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows at the time of the applicant's assignment to Company C, 2nd Battalion, 7th Cavalry, 1st Cavalry Division (Airmobile), the battalion was awarded the:

* Valorous Unit Award for the period 1 May to 29 June 1970 by Department of the Army General Orders (DAGO) Number 43 (1972)
* RVN Gallantry Cross with Palm Unit Citation for the period May 1969 to February 1970 by DAGO Number 42 (1972) as amended by DAGO Number 11 (1973)
* RVN Civil Actions Honor Medal First Class Unit Citation for the period 1 January 1969 to 1 February 1970 by DAGO Number 42 (1972)

11.  Army Regulation 672-5-1 (Military Awards), in effect at the time, provided that the Army Good Conduct Medal is awarded to individuals who completed a qualifying 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.  There must have been no convictions by a court-martial.  

DISCUSSION AND CONCLUSIONS:

1.  Records show the applicant served a qualifying period of service in the RVN for award of the RVN Campaign Medal with Device (1960).

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

3.  During the applicant's assignment to Company C, 2nd Battalion, 7th Cavalry, general orders awarded the battalion the Valorous Unit Award, RVN Gallantry Cross with Palm Unit Citation, and RVN Civil Actions Honor Medal First Class Unit Citation.

4.  Special orders awarded the applicant the Sharpshooter Marksmanship Qualification Badge with Rifle (M-14) Bar and Marksman Marksmanship Qualification Badge with Automatic Rifle (M-16) and Machinegun (M-60) Bars.

5.  The applicant served a qualifying period of active duty enlisted service for the first award of the Army Good Conduct Medal from 19 July 1968 to 11 July 1970.

   a.  There is no evidence of any disciplinary actions, adverse information, or a commander's disqualification for the Army Good Conduct Medal (1st Award).

   b.  The applicant received "excellent" conduct and efficiency ratings during his period of service and the commanding officer gave the applicant "excellent" conduct and efficiency ratings at the time of separation processing.

   c.  Despite the absence of the unit commander's recommendation for award of the Army Good Conduct Medal (1st Award) at the time of the applicant's separation processing, based on the available evidence, it would be appropriate to award the applicant this medal.

6.  In view of the foregoing, it would be appropriate to correct the applicant's DD Form 214 to show his awards and decorations as recommended below.

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.  awarding him the Army Good Conduct Medal (1st Award) for the period
19 July 1968 through 11 July 1970;

   b.  deleting the "Viet Nam Service Medal" from item 24 of his DD Form 214; and

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

* Army Good Conduct Medal (1st Award)
* Vietnam Service Medal with 4 bronze service stars
* RVN Campaign Medal with Device (1960)
* Sharpshooter Marksmanship Qualification Badge with Rifle (M-14) Bar
* Marksman Marksmanship Qualification Badge with Automatic Rifle
(M-16) and Machinegun (M-60) Bars
* Valorous Unit Award
* RVN Gallantry Cross with Palm Unit Citation
* RVN 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)                                         AR20110010899



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20110010899



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1