IN THE CASE OF:	  

		BOARD DATE:	  9 February 2012

		DOCKET NUMBER:  AR20110014629 


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
* Army Good Conduct Medal

2.  He states the requested awards are not shown on his DD Form 214.

3.  The applicant provides:

* DD Form 214
* Army Commendation Medal Certificate and Citation
* Orders awarding him the Army Good Conduct Medal

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 records show he was inducted into the Army of the United States on 28 November 1966 and held military occupational specialty 11B (Light Weapons Infantryman).  

3.  Special Orders (SO) Number 9, issued by Headquarters, 1st Brigade, U.S. Army Training Center, Fort Lewis, WA, on 21 January 1967 awarded him the Marksman Marksmanship Qualification Badge with Rifle Bar (M-14).

4.  SO Number 086, issued by Headquarters, Fort Polk, Fort Polk, LA, on 3 April 1967 awarded him the Marksman Marksmanship Qualification Badge with Rifle Bar (M-16).

5.  SO Number 086, issued by Headquarters, Fort Polk, Fort Polk, LA, on 8 April 1967 awarded him the 1st Class Gunner (Sharpshooter) Marksmanship Qualification Badge with Machinegun Bar (M-60).

6.  He served in Vietnam from 22 May 1967 to 21 May 1968.  He was assigned to Company A, 2nd Battalion, 3rd Infantry, 199th Infantry Brigade. 

7.  Subsequent to completing his Vietnam tour, he was reassigned to the 2nd Battalion, 61st Infantry, Fort Carson, CO, where he remained until his separation. 

8.  On 5 September 1968, by transmittal letter, Headquarters, 199th Infantry Brigade notified the applicant's gaining commander at Fort Carson, CO, that the applicant had been awarded the Army Commendation Medal for service from June 1967 to May 1968 by authority of the Commanding General, 199th Infantry Brigade.  The transmittal letter indicated the certificate and citation were enclosed; however, no GO was cited or attached. 

9.  GO Number 358, issued by Headquarters, 5th Infantry Division (Mechanized) and Fort Carson, Fort Carson, CO on 16 November 1968 awarded him the Army Good Conduct Medal (1st Award) for service from 28 November 1966 to 27 November 1968.

10.  He was honorably released from active duty in the rank/grade of sergeant/ E-5 on 27 November 1968.  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 Campaign Medal with "1960" Device
* Vietnam Service Medal with one bronze service star
* Combat Infantryman Badge
* Purple Heart

11.  Department of the Army (DA) Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows during his tenure with the 2nd Battalion, 3rd Infantry, this unit was awarded the:

* Valorous Unit Award, for service from 31 January to 19 February 1968, based on DAGO Number 48, dated 1968
* Republic of Vietnam Gallantry Cross with Palm Unit Citation for service from 3 January to 19 February 1968m based on DAGO Number 43, dated 1970
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for service from 12 December 1966 to 31 August 1970, based on DAGO Number 31, dated 1971

12.  Army Regulation 600-8-22 (Military Awards), paragraph 2-13, contains the regulatory guidance on the Vietnam Service Medal.  It states 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, campaign participation credit was awarded for the:

* Vietnam Counteroffensive, Phase II, 1 July 1966—31 May 1967
* Vietnam Counteroffensive, Phase III, 1 June 1967—29 January 1968
* Tet Counteroffensive, 30 January 1968—1 April 1968
* Vietnam Counteroffensive, Phase IV, 2 April 1968—30 June 1968

DISCUSSION AND CONCLUSIONS:

1.  General orders awarded the applicant the Army Good Conduct Medal (1st Award) which are not shown on his DD Form 214.  Therefore, he is entitled to correction of his DD Form 214 to show these awards.

2.  The evidence of record shows that subsequent to his departure from Vietnam, by transmittal letter, his former chain of command (Headquarters, 199th Infantry Brigade) notified his gaining commander at Fort Carson, CO, that he had been awarded the Army Commendation Medal for service from June 1967 to May 1968 by authority of the Commanding General, 199th Infantry Brigade.  Despite the absence of orders, based on this transmittal letter, it is appropriate to add the Army Commendation Medal to his DD Form 214. 

3.  Special orders awarded him the Marksman Marksmanship Qualification Badge with Rifle Bar (M-14), Marksman Marksmanship Qualification Badge with Rifle Bar (M-16), and Sharpshooter) Marksmanship Qualification Badge with Machinegun Bar (M-60).  None of these badges is shown on his DD Form 214.  Therefore, he is entitled to correction of his DD Form 214 to show these badges. 

4.  General orders awarded his unit in Vietnam the Valorous Unit Award, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation which are not shown on his records.  Therefore, he is entitled to correction of his records to show these unit awards.

5.  He was awarded the Vietnam Service Medal.  Additionally, he participated in four campaigns while serving in the Republic of Vietnam.  Therefore, he is entitled to four bronze service stars to be affixed to the Vietnam Service Medal.

BOARD VOTE:

____x___  ____x___  ____x___  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined the evidence presented is 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 adding to his DD Form 214 the:

* Army Commendation Medal
* Army Good Conduct Medal (1st Award)
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-14)
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-16)
* Sharpshooter) Marksmanship Qualification Badge with Machinegun Bar (M-60)
* Valorous Unit Award
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation
* Four bronze service stars to be affixed to his already-awarded Vietnam Service Medal



      _______ _   _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)                                         AR20110014629



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ABCMR Record of Proceedings (cont)                                         AR20110014629



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