IN THE CASE OF:	  

		BOARD DATE:	  13 March 2012

		DOCKET NUMBER:  AR20110015091 


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:

* Army Good Conduct Medal
* Combat Infantryman Badge
* Vietnam Service Medal with 2 or 3 bronze service stars
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation
* Armor Crew Badge
* All additional individual or unit awards or decorations to which he is entitled for his service in the Republic of Korea and the Republic of Vietnam

2.  He states the above awards and decorations were left off of his DD Form 214.

3.  He provides:

* DD Form 214
* DA Form 20 (Enlisted Qualification Record)
* Army Commendation Medal Citation
* General Orders Number 1115




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.  His record shows he enlisted in the Regular Army on 28 June 1968 and he held MOS 11E (Armor Crewman).  He served in the Republic of Vietnam from 26 October 1969 to 16 October 1970.  The highest rank/pay grade he attained while serving on active duty was specialist five/E-5.  On 30 June 1971, he was released from active duty and transferred to the U.S. Army Reserve Control Group (Reinforcement).

3.  His DA Form 20 contains the following pertinent information:

	a.  Item 31 (Foreign Service) shows he served in the Republic of Korea from 14 January 1969 to 2 September 1969;

	b.  Item 38 (Record of Assignments) shows that during his tour of duty in the Republic of Vietnam he served as a Tank Driver with Troop A, 3rd Squadron, 
5th Armored Cavalry Regiment, 9th Infantry Division from 5 November 1969 to 21 October 1970;

	c.  Item 38 also shows he received conduct ratings of "Unsatisfactory" for the period 16 September 1968 to 9 January 1969 while attending advanced individual training; and

	d.  Item 41 (Awards and Decorations) shows, in part, that special orders awarded him the:

* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)
* Marksman Marksmanship Qualification Badge with Grenade Bar

4.  His record contains Special Orders Number 147 issued by Headquarters, 1st Infantry Brigade, 5th Infantry Division (Mechanized), on 27 May 1970, which show he was awarded the Combat Infantryman Badge, effective 27 May 1970.

5.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows he was awarded or authorized the:

* Bronze Star Medal
* Army Commendation Medal with 1st Oak Leaf Cluster and "V" Device
* National Defense Service Medal
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)

6.  Army Regulation 600-8-22 (Military Awards) states the Korea Defense Service Medal is authorized for award to members of the Armed Forces of the United States who have served on active duty in support of the defense of the Republic of Korea.  The period of eligibility is 28 July 1954 to a date to be determined by the Secretary of Defense.

7.  Army Regulation 672-5-1 (Military Awards), in effect at the time, provided that the Army Good Conduct Medal 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.

8.  Army Regulation 600-8-22, paragraph 2-13, contains the regulatory guidance on the Vietnam Service Medal.  It states, in pertinent part, 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 four campaigns:

* Vietnam Summer-Fall 1969
* Vietnam Winter-Spring 1970
* DA Sanctuary Counteroffensive
* Vietnam Counteroffensive, Phase VII

9.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows the unit to which the applicant was assigned was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation by Department of the Army General Order Number 8, dated 1974.

10.  Army Regulation 600-8-22 contains no reference to the Armor Crew Badge.  Therefore, award of this badge is not governed by the provisions of Army Regulation 600-8-22 and, as a result, it may not be shown on a discharge document.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request has been carefully considered and determined to have partial merit.

2.  Evidence shows he completed a qualifying period of service for award of the Korea Defense Service Medal.  Therefore, he is entitled to correction of his DD Form 214 to show this medal.

3.  General orders awarded him the Bronze Star Medal.  Therefore, he is entitled to correction of his DD Form 214 to show this award.

4.  Special orders awarded him the following badges.  Therefore, he is entitled to have them shown on his DD Form 214:

* Combat Infantryman Badge
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)
* Marksman Marksmanship Qualification Badge with Grenade Bar

5.  Department of the Army General Orders awarded his unit the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  Therefore, he is entitled to have his DD Form 214 corrected to show this unit award.

6.  Records show the applicant participated in four campaigns while serving in the Republic of Vietnam.  Therefore, he is entitled to four 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.

7.  The evidence of record shows that although he completed a period of honorable service he failed to receive all "excellent" conduct and efficiency ratings; therefore, he is not entitled to award of the Army Good Conduct Medal.

8.  His record is void of any evidence and he has not provided any evidence showing he is entitled to award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation or the Armor Crew Badge.  Additionally, Army Regulation 600-8-22 contains no reference to the Armor Crew Badge; therefore, it may not be shown on a discharge document.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____X____  ___X_____  ____X____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant a recommendation for partial 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.  adding to item 24 of his DD Form 214 the:

* Bronze Star Medal
* Korea Defense Service Medal
* Vietnam Service Medal with four bronze service stars
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Combat Infantryman Badge
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)
* Marksman Marksmanship Qualification Badge with Grenade Bar

2.  The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to award of the Army Good Conduct Medal, Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, and Armor Crew Badge.



      _______ _   _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)                                         AR20110015091



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ABCMR Record of Proceedings (cont)                                         AR20110015091



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