IN THE CASE OF:	  

		BOARD DATE:	  10 November 2011

		DOCKET NUMBER:  AR20110011246 


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 Army Commendation Medal (ARCOM) and the Sharpshooter Marksmanship Qualification Badge with Pistol Bar.

2.  The applicant states the awards were not added to his DD Form 214 or personnel records.

3.  The applicant provides a DD Form 214, ARCOM orders, citation, and certificate, and a 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 enlisted in the Regular Army on 5 September 1969 and was awarded military occupational specialty 95B (Military Policeman) upon completion of initial entry training.  

3.  Headquarters, 4th Advance Individual Training Brigade, Fort Gordon, GA, Special Orders Number 259, dated 11 December 1969, awarded him the Sharpshooter Marksmanship Qualification Badge with Pistol Bar.

4.  Headquarters, 18th Military Police Brigade, General Orders Number 78, dated 28 February 1971, awarded him the ARCOM.

5.  His DA Form 20 shows in:

	a.  Item 31 (Foreign Service) he served in Vietnam from 12 February 1970 to 9 April 1971.

	b.  Item 38 (Record of Assignments) he was assigned to the 981st Military Police (MP) Company from 20 April 1970 to 17 January 1971 and to the 66th MP Company from 18 January 1971 to 5 April 1971 and that he received "excellent" conduct and efficiency ratings throughout his active duty service.

6.  His Official Military Personnel File (OMPF) is void of any derogatory information or a unit commander's disqualification that would have precluded him from being awarded the first award of the Army Good Conduct Medal (AGCM).

7.  On 10 April 1971, he was honorably released from active duty in the rank/grade of sergeant (SGT)/E-5 after completing 1 year, 7 months, and 6 days of active duty service.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the:

* National Defense Service Medal
* Vietnam Service Medal
* Vietnam Campaign Medal with Device (1960)
* two Overseas Service Bars
* Expert Marksmanship Qualification Badge with Rifle Bar

8.  Army Regulation 672-5-1 (Awards), in effect at the time, stated the AGCM 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, 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, he applicant participated in the following three campaigns:

* Vietnam Winter - Spring 1970 (1 November 1969 - 30 April 1970)
* Sanctuary Counteroffensive (1 May - 30 June 1970) 
* Vietnamese 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 the RVN.  This pamphlet shows that during his assignment to the 66th MP Company, it was cited for the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 1 August 1970 through 30 June 1971 by Department of the Army General Orders (DAGO) Number 32, dated 1973.

11.  DAGO Number 8, dated 1974, announced award of 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 applicant's contention that his DD Form 214 should be corrected to show the ARCOM and the Sharpshooter Marksmanship Qualification Badge with Pistol Bar has been carefully reviewed.

2.  Orders awarded him the ARCOM and the Sharpshooter Marksmanship Qualification Badge with Pistol Bar.  Therefore, he is entitled to correction of his DD Form 214 to show these awards.

3.  The evidence of record confirms he received "excellent" conduct and efficiency ratings at all of his active duty assignments and his OMPF is void of derogatory information or a unit commander's disqualification that would have precluded him from receiving the AGCM.  Therefore, it would be appropriate to 
award him the first award of the AGCM for the period 5 September 1969 to 
10 April 1971 and to correct his DD Form 214 to show this award.

4.  He was awarded the Vietnam Service Medal.  However, he participated in three campaigns while in Vietnam.  Therefore, he is entitled to three bronze service stars to be affixed to his Vietnam Service Medal and correction of his DD Form 214 to reflect these awards.

5.  His unit in Vietnam was cited for award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation and the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  Therefore, his DD Form 214 should also be corrected 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 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 first award of AGCM for his period of honorable active duty service from 5 September 1969 to 10 April 1971;

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

	c.  adding to item 24 of his DD Form 214 the Army Commendation Medal, Army Good Conduct Medal, Vietnam Service Medal with three bronze service stars, Sharpshooter Marksmanship Qualification Badge with Pistol Bar, Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, and the 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)                                         AR20110011246



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ABCMR Record of Proceedings (cont)                                         AR20110011246



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