IN THE CASE OF:	  

		BOARD DATE:	  17 January 2012

		DOCKET NUMBER:  AR20110011667 


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 all decorations and awards awarded to his unit that he may be entitled to receive.  Specifically, he requests the following awards:

* Army Good Conduct Medal (AGCM)
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation

2.  He states he was assigned to Company A, 4th Battalion, 23rd Infantry Regiment and Headquarters and Headquarters Company (HHC), 1st Brigade, 25th Infantry Division.  He adds that the above awards were omitted from his 
DD Form 214 upon his departure from Vietnam. 

3.  He provides his DD Form 214 and 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's military records show he was inducted into the Army of the United States on 1 July 1968.  He served in the Republic of Vietnam from
22 November 1968 to 22 November 1969.  He was honorably released from active duty on 8 July 1970 in the rank/grade of specialist four (SP4)/E4 and credited with 2 years of active service.

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

* National Defense Service Medal 
* Marksman Marksmanship Qualification Badge with Rifle Bars (M-14 and M-16)
* Republic of Vietnam Campaign Medal with Device (1960)
* Combat Infantryman Badge
* Vietnam Service Medal (VSM) with two bronze service stars
* Purple Heart

4.  Item 38 (Record of Assignments) of his DA Form 20 shows that during his tour of duty in Vietnam, he was assigned to the following units during the following periods:

* 1 December 1968 to 8 July 1969, Company A, 4th Battalion, 23rd Infantry Regiment, 25th Infantry Division
* 9 July to 29 July 1969, HHC, 1st Brigade, 25th Infantry Division
* 30 July to 5 August 1969, Company A, 4th Battalion, 23rd Infantry Regiment, 25th Infantry Division
* 6 August to 29 September 1969, Company D, 87th Infantry Regiment
* 30 September to 19 November 1969, Headquarters and Headquarters Detachment, 95th Military Police Battalion




5.  Item 41 (Awards and Decorations) of his DA Form 20 shows the following badges that are not listed on his DD Form 214:

   a.  Second Class (correctly referred to as Marksman) Marksmanship Qualification Badge with Grenade Bar awarded by Special Orders Number 205, Headquarters, U.S. Army Training Center Infantry and Fort Lewis, WA.  

	b.  Sharpshooter Marksmanship Qualification Badge with Machine Gun Bar
(M-60) awarded by Special Orders Number 280, Headquarters, U.S. Army Training Center Infantry and Fort Lewis, WA.  

6.  His disciplinary history includes his acceptance of nonjudicial punishment under the provisions of Article 15 of the Uniform Code of Military Justice on two separate occasions for the following offenses:

* 11 October 1970, being in an off limits area
* 6 January 1970, being absent without leave from 27 December 1969 to
5 January 1970

7.  His DA Form 20 shows he received all "excellent" conduct and efficiency ratings throughout his period of service.  There is no record of courts-martial or a commander's disqualification for the AGCM contained in his records.

8.  Army Regulation 672-5-1 (Awards) provided that the AGCM was awarded to individuals who completed a qualified 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 and no convictions by a court-martial.

9.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units that served in the Vietnam War.  This pamphlet shows the 4th Battalion, 23rd Infantry Regiment, to which the applicant was assigned, was cited for the Republic of Vietnam Gallantry Cross with Palm Unit Citation by Department of the Army General Orders (DAGO) Number 5, dated 1973 and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation by DAGO Number 51, dated 1971.

10.  Appendix B of Army Regulation 600-8-22 (Military Awards) states a bronze service star will be awarded for wear on the VSM for participation in each campaign.  Based on his service in Vietnam, he is credited with participation in the following campaigns:

* Vietnam Counteroffensive Phase VI (2 November 1968 - 22 February 1969)
* Tet 69/Counteroffensive (23 February 1969 - 8 June 1969)
* Vietnam Summer - Fall 1969 (9 June 1969 - 31 October 1969)
* Vietnam Winter - Spring 1970 (1 November 1969 - 30 April 1970)

DISCUSSION AND CONCLUSIONS:

1.  Although the applicant's record shows he received two Article 15s, he received all "excellent" conduct and efficiency ratings and was awarded the Purple Heart and Combat Infantryman Badge.  He also obtained the rank of SP4/E4.  Further, his records did not contain any record of courts-martial or a commander's disqualification for award of the AGCM.  Therefore, in the interest of equity, it would be appropriate to award him the AGCM (1st Award) for the period 1 July 1968 to 8 July 1970 and correction of his DD Form 214 to show this award.

2.  The evidence shows he is entitled to wear the Republic of Vietnam Gallantry Cross with Palm Unit Citation and Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.  Therefore, he is entitled to correction of his DD Form 214 to show these unit awards.

3.  The evidence shows he participated in four campaigns during his service in Vietnam.  Therefore, he is entitled to correction of his DD Form 214 to show four bronze service stars for his already-awarded VSM.

4.  The evidence of record also shows he qualified as marksman with the grenade and sharpshooter with the M-60 Machine Gun.  Therefore, he is entitled to correction of his records to show these qualifications.  

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 AGCM (1st Award) for the period 1 July 1968 to 8 July 1970;

	b.  deleting the VSM with two bronze service stars from item 24 of his DD Form 214; and

	c.  adding to item 24 of his DD Form 214 the AGCM (1st Award), VSM with four bronze service stars, Republic of Vietnam Gallantry Cross with Palm Unit Citation, Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, Marksman Marksmanship Qualification Badge with Grenade Bar, and Sharpshooter Marksmanship Qualification Badge with Machine Gun Bar (M-60).



      _______ _   _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)                                         AR20110011667



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ABCMR Record of Proceedings (cont)                                         AR20110011667



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