IN THE CASE OF:	  

		BOARD DATE:	 3 January 2012 

		DOCKET NUMBER:  AR20110012161 


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, in effect, correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show award of the following:

* Army Commendation Medal with First Oak Leaf Cluster
* Expert Marksman Qualification Badge with Grenade Bar

2.  The applicant states the items are missing from his DD Form 214. 

3.  The applicant provides:

* DD Form 214
* Headquarters, 1st Aviation Brigade General Orders Number 2811
* Headquarters, Fort Carson and Headquarters, 4th Infantry Division General Orders Number 359
* DA Form 3517 (Grenade Qualification Scorecard)

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 18 February 1971.  He completed training and was awarded military occupational specialty 67Y 
(AH 1-G Helicopter Repairman).  The highest rank/grade he attained while on active duty was specialist five/E-5. 

3.  Headquarters, 1st Aviation Brigade General Orders Number 2811, dated 
2 October 1972, awarded the applicant the Army Commendation Medal for meritorious service in connection with military operations against a hostile force.

4.  Headquarters, Fort Carson and Headquarters, 4th Infantry Division General Orders Number 359, dated 4 December 1973, awarded the applicant the Army Commendation Medal for meritorious service.

5.  Department of the Army General Order Number 8, dated 1974, awarded 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.

6.  A DA Form 3517, dated 8 April 1971, shows the applicant qualified as an expert with the hand grenade.

7.  On 19 November 1973, the applicant was honorably released from active duty and transferred to the U.S. Reserve Control Group (Annual Training).   He completed 2 years, 9 months, and 2 days of active service with no lost time.
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
* Vietnam Campaign Medal with 1960 Device
* Vietnam Service Medal with three bronze service stars
* two Overseas Service Bars
* Aircraft Crewman's Badge


* Army Commendation Medal
* Sharpshooter Marksmanship Qualification Badge with M-16 Rifle Bar

8.  Item 31 (Foreign Service) of the applicant's DA Form 20 (Enlisted Qualification Record) shows he served in the Republic of Vietnam during the period 3 September 1971 through 12 August 1972.

9.  Item 38 (Record of Assignments) of the applicant's DA Form 20 shows that he was assigned to "F" Troop, 8th Cavalry while in Vietnam.   Item 38 also shows he received all "excellent" conduct and efficiency ratings. 

10.  His record is void of any evidence that shows he had lost time or that he received nonjudicial punishment or court-martial action during his period of service.  There is no evidence of a suspension of favorable personnel actions or that his commander denied him award of the Army Good Conduct Medal.

11.  A review of the applicant's record shows he is entitled to additional awards and decorations.

12.  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 the 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.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request for correction of his DD Form 214 was carefully considered and determined to have merit.

2.  General orders awarded him the Army Commendation Medal on two occasions.  Therefore, he is entitled to correction of his DD Form 214 to show these awards.

3.  A DA Form 3517 shows he qualified as expert with the hand grenade.  Therefore, he is entitled to correction of his DD Form 214 to show this badge.

4.  The evidence of record confirms he served honorably on active duty during the period 18 February 1971 through 19 November 1973.  His record is void of 


any evidence that shows he had lost time or that he received nonjudicial punishment or court-martial action during this period of service.  There is no evidence of a suspension of favorable personnel actions or that his commander denied him award of the Army Good Conduct Medal for this period of service.  Absent any derogatory information on file that would have disqualified him, it would be appropriate to award him the Army Good Conduct Medal (1st Award) for the period 18 February 1971 through 19 November 1973 and correction of his DD Form 214 to show this award.

5.  General orders awarded his unit the Republic of Vietnam Gallantry Cross with Palm Unit Citation during his tenure in the unit.  Therefore, he is entitled to have his records corrected to show this foreign unit award.

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 18 February 1971 through 19 November 1973;
   
   b.  deleting the Army Commendation Medal from item 24 of his DD Form 214; and 

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

* Army Commendation Medal with One Oak Leaf Cluster
* Army Good Conduct Medal (1st Award)


* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Expert Marksmanship Qualification Badge with Hand Grenade Bar



      _______ _   _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)                                         AR20110012161



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ABCMR Record of Proceedings (cont)                                         AR20110012161



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