IN THE CASE OF:	  

		BOARD DATE:	  31 January 2012

		DOCKET NUMBER:  AR20110014911 


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 any awards and decorations to which he may be entitled.

2.  The applicant states he believes unit citations were issued after he got out of the military.

3.  The applicant provides a copy of his DD Form 214.

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 2 July 1970.  He completed training and he was awarded military occupational specialty 63C (Track Vehicle Mechanic).

3.  His DA Form 20 (Enlisted Qualification Record) shows in:

* item 29 (Qualification in Arms) he qualified sharpshooter with the M-16 rifle on 7 August 1970
* item 31 (Foreign Service) he served in Vietnam from 21 September 1971 through 23 April 1972
* item 38 (Record of Assignments) he served in Vietnam with Headquarters and Maintenance Company, 3rd Brigade, 1st Calvary Division (Airmobile) from 27 September 1971 to 19 April 1972
* item 38 he received all "excellent" conduct and efficiency ratings throughout his service

4.  The applicant's record shows he accepted nonjudicial punishment (NJP) under the provisions of Article 15, Uniform Code of Military Justice) on 24 May 1973 for violating a general regulation (illegal passing) at Fort Riley, KS.  However, aside from this NJP, his record does not contain any other derogatory or disciplinary information in the form of time lost or a record of court-martial.  There is also no evidence of a commander's disqualification that would have precluded him from being awarded the first award of the Army Good Conduct Medal.

5.  On 29 June 1973, the applicant was honorably released from active duty at the expiration of his term of service.  He attained the rank/grade of specialist four (SP4)/E-4.  He completed 2 years, 11 months, and 28 days of total active service.  Item 24 (Decoration, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the:

* National Defense Service Medal
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* Army Commendation Medal

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 3rd Brigade, 1st Cavalry Division, 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 17 September 1965 through June 1972 by Department of the Army General Order Number 54, dated 1974.
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 (Military Awards) 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, campaign participation credit was awarded for the following three campaigns:

* Consolidation I (1 July - 30 November 1971)
* Consolidation II (1 December 1971 - 29 March 1972)
* Vietnam Ceasefire Campaign (30 March 1972 - 28 January 1973)

DISCUSSION AND CONCLUSIONS:

1.  Records show he qualified sharpshooter with the M-16 rifle.  Therefore, his DD Form 214 should be corrected to show this weapons qualification.

2.  Records show he participated in three campaigns during his service in Vietnam.  Therefore, he is entitled to three bronze service stars for wear on his already-awarded Vietnam Service Medal and correction of his DD Form 214 to show these bronze service stars.

3.  His unit in Vietnam was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation during his period of assignment.  Therefore, his
DD Form 214 should be corrected to show this unit award.

4.  His record is void any evidence that shows he had time lost or that he received court-martial action during his period of service.  There is no evidence of a commander's disqualification for the first award of the Army Good Conduct Medal.

5.  The evidence further confirms he served honorably on active duty during the period 2 July 1970 through 29 June 1973.  He received all "excellent" conduct and efficiency ratings and completed a combat tour in Vietnam.  Aside from his one instance of NJP for a minor offense, his record contains no other derogatory 


or disciplinary information or evidence that would have precluded him from being awarded the first award of the Army Good Conduct Medal.  Therefore, it would be appropriate at this time to award him the Army Good Conduct Medal for the period 2 July 1970 through 29 June 1973 and to correct his DD Form 214 to show this award.

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:

	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
2 July 1970 through 29 June 1973; and

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

* Army Good Conduct Medal (1st Award)
* Vietnam Service Medal with three bronze service stars
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Sharpshooter Marksman Marksmanship Qualification Badge with Rifle Bar (M-16)



      ___________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)                                         AR20110014911



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ABCMR Record of Proceedings (cont)                                         AR20110014911



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