IN THE CASE OF:	  

		BOARD DATE:	  1 December 2011

		DOCKET NUMBER:  AR20110011225 


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 reflect all of his authorized awards.

2.  The applicant states not all of his authorized awards are reflected on his
DD Form 214.

3.  The applicant provides a copy of his DD Form 214 and a copy of his DA Form 20 (Enlisted Qualification Record). 

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 in Brooklyn, NY on 28 April 1969.  He completed his basic combat and advanced individual training (AIT) at Fort Gordon, GA and he was awarded military occupational specialty 11H (infantry indirect fire crewman).

3.  Special orders issued by Headquarters, 3rd AIT Brigade, U.S. Army Training Center, Fort Gordon, awarded the applicant the following marksmanship qualification badges:

* Special Orders Number 167, dated 11 August 1969, awarded him the Expert Marksmanship Qualification Badge with Recoilless Rifle Bar (90mm)
* Special Orders Number 179, dated 25 August 1969, awarded him the Sharpshooter Marksmanship Qualification Badge with Automatic Rifle Bar (M-16)
* Special Orders Number 186, dated 3 September 1969, awarded him the Expert Marksmanship Qualification Badge with Recoilless Rifle Bar (106mm)
* Special Orders Number 186, dated 3 September 1969, awarded him the Marksman Marksmanship Qualification Badge with Pistol Bar (.45 caliber)

4.  He was transferred to Vietnam on 17 January 1970 and assigned to
Company E, 2d Battalion, 1st Infantry Regiment, 196th Infantry Brigade for duty as a rifleman and scout observer.

5.  He departed Vietnam on 9 December 1970 and he was transferred to Fort Lewis, WA where he was honorably released from active duty (REFRAD) that date as an overseas returnee.  He served 1 year, 7 months, and 12 days of total active service.  Item 24 (Decorations, Medal, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the DD Form 214 he was issued at the time shows the:

* National Defense Service Medal
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-14)
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* Combat Infantryman Badge
* Army Commendation Medal (1st oak leaf cluster)
* Bronze Star Medal

6.  General Orders Number 16325, issued by Headquarters, 23d Infantry Division, dated 16 December 1970, awarded him the Bronze Star Medal (1st oak leaf cluster) for meritorious service in Vietnam from January 1970 to December 1970.

7.  Item 38 (Record of Assignment) of the applicant's DA Form 20 shows he received all "excellent" conduct and efficiency ratings throughout his service.  His record is void of any derogatory information or a commander's disqualification that would have precluded him from being awarded the first award of the Army Good Conduct Medal.

8.  Army Regulation 672-5-1 (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; for first award only, 1 year served entirely during the period 7 December 1941 to 2 March 1946; 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), paragraph 2-13, contains the regulatory guidance on the Vietnam Service Medal.  It states that a bronze service star is authorized with this award for each Vietnam campaign a member is credited with participating in.  Appendix B shows that during his service in Vietnam, the applicant participated in the following three campaigns:

* 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)

10.  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 Battalion, 1st Infantry Regiment, the unit to which the applicant was assigned, was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 31 March through 30 June 1970 by Department of the Army General Order Number 42, dated 1972.

11.  Army Regulation 600-8-22 states an oak leaf cluster is awarded to denote the second and succeeding awards of certain decorations, among which is the Bronze Star Medal.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s contention that his DD Form 214 does not reflect all of his authorized awards has been noted and found to have merit.

2.  General orders awarded the applicant the Bronze Star Medal (1st oak leaf cluster).  Therefore, his DD Form 214 should be corrected to show two awards of the Bronze Star Medal.

3.  The applicant's record shows he received all "excellent" conduct and efficiency ratings throughout his period of service.  There is also no indication of any derogatory information or a commander's disqualification that would have precluded him from receiving the first award of the Army Good Conduct Medal.  Therefore, he should be awarded the Army Good Conduct Medal (1st Award) and his DD Form 214 should be corrected to show this award.

4.  He participated in three campaign phases during his service in Vietnam.  Therefore, he is entitled to three bronze service stars for wear on his already-awarded Vietnam Service Medal and correction of his DD Form 214 to show three bronze service stars.

5.  The applicant’s unit was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation during his period of assignment.  Therefore, his
DD Form 214 should be corrected to show this unit award.

6.  Records show he was awarded the Expert Marksmanship Qualification Badge with Recoilless Rifle Bar (90mm), Expert Marksmanship Qualification Badge with Recoilless Rifle Bar (106mm), Sharpshooter Marksmanship Qualification Badge with Automatic Rifle Bar (M-16), and the Marksman Marksmanship Qualification Badge with Pistol Bar (.45 caliber).  Therefore, his DD Form 214 should be corrected to show these qualification badges.

BOARD VOTE:

___x____  ____x___  ____x___  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1. 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.  deleting from item 24 of his DD Form 214 the Bronze Star Medal and the Vietnam Service Medal;

	b.  awarding him the Army Good Conduct Medal (1st Award) for the period
28 April 1969 through 9 December 1970; and

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

* Bronze Star Medal (2nd Award)
* Army Good Conduct Medal (1st Award)
* Vietnam Service Medal with three bronze service stars
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Expert Marksmanship Badge with Recoilless Rifle Bar (90mm)
* Expert Marksmanship Badge with Recoilless Rifle Bar (106mm)
* Sharpshooter Marksmanship Qualification Badge with Automatic Rifle Bar (M-16)
* Marksman Marksmanship Qualification Badge with Pistol Bar
(.45 caliber)

2.  The Board wants the applicant and all others to know that the sacrifices he made in service to the United States during the Vietnam War are deeply appreciated.  The applicant and all Americans should be justifiably proud of his service in arms.



      ___________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)                                         AR20110011225



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ABCMR Record of Proceedings (cont)                                         AR20110011225



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