BOARD DATE:	  24 January 2012

		DOCKET NUMBER:  AR20110013452 


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 Air Medal and any other awards and decorations to which he may be entitled.

2.  The applicant states:

* he holds the paperwork to support award of the Air Medal and he believes it is possible there may be other awards that are not recorded on his discharge document
* he served in Vietnam and the awards are deserved

3.  The applicant provides no documentary evidence.

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 
9 September 1969.  He arrived in Vietnam on 27 February 1970.  He served as an infantry indirect fire crewman assigned to Company E, 1st Battalion, 502nd Infantry in Vietnam from 13 March 1970 to 12 April 1971.  On 13 April 1971, he was honorably released from active duty in the rank/grade of specialist four (SP4)/E-4 after completing 1 year, 7 months, and 5 days of total active service with no time lost.

3.  Item 24 (Decorations, Medals, 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
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* Combat Infantryman Badge
* Army Commendation Medal
* Bronze Star Medal
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16)

4.  General Orders Number 1716, issued by Headquarters, 101st Airborne Division (Airmobile), dated 26 February 1971, awarded him the Air Medal for meritorious achievement while participating in aerial flight in Vietnam for the period 1 August 1970 to 20 January 1971.

5.  There is no evidence the applicant received the first award of the Army Good Conduct Medal.  There also is no evidence he was disqualified by his chain of command from receiving the Army Good Conduct Medal.  Item 38 (Record of Assignments) of his DA Form 20 (Enlisted Qualification Record) shows he received all "excellent" conduct and efficiency ratings throughout his service.

6.  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 1st Battalion, 502nd Infantry, 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 1 March through 9 October 1971 by Department of the Army General Orders (DAGO) Number 6, dated 1974
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 18 March 1968 through 2 May 1970 by DAGO Number 48, dated 1971

7.  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.

8.  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, 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)

DISCUSSION AND CONCLUSIONS:

1.  General orders awarded the applicant the Air Medal for the period 1 August 1970 to 20 January 1971.  Therefore, his DD Form 214 should be corrected to show this award.

2.  The applicant was honorably released from active duty in the rank/grade of SP4/E-4, having completed 1 year, 7 months, and 5 days of creditable active service with no lost time.  His record also shows he received "excellent" conduct and efficiency ratings throughout his service with no disciplinary action or a commander's disqualification.  It appears he met the eligibility criteria for the first award of the Army Good Conduct Medal for the period 9 September 1969 through 13 April 1971 based on completion of a period of qualifying service ending with the termination of a period of Federal military service.  Therefore, he 


should be awarded the Army Good Conduct Medal (1st Award) and his DD Form 214 should be corrected to show this award.

3.  He participated in three campaigns during his service in Vietnam which entitles him three bronze service stars for wear on his already-awarded Vietnam Service Medal.  Therefore, his DD Form 214 should be corrected to show these bronze service stars.

4.  His unit was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation during his period of assignment.  Therefore, his DD Form 214 should be corrected to show these unit awards.

5.  In view of the foregoing, the applicant's record should be corrected 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.  deleting from item 24 of his DD Form 214 the Vietnam Service Medal;

	b.  awarding him the Army Good Conduct Medal (1st Award) for the period
9 September 1969 through 13 April 1971; and

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

* Air Medal
* Army Good Conduct Medal (1st Award)


* Vietnam Service Medal with three bronze service stars
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam 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)                                         AR20110013452



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ABCMR Record of Proceedings (cont)                                         AR20110013452



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