IN THE CASE OF:	  

		BOARD DATE:  28 February 2012

		DOCKET NUMBER:  AR20110015101 


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 the following awards be added to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) with a separation date of 8 January 1967:

* Army Good Conduct Medal
* Vietnam Service Medal with two or three bronze service stars
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation
* marksmanship badges
* any decorations awarded to his unit while he was in the Republic of Vietnam

2.  The applicant states these awards were left off his DD Form 214 when he left the Republic of Vietnam and the Army. 

3.  The applicant provides:

* DD Form 214
* DA Form 20 (Enlisted Qualification Record)
* orders for the Expert Marksmanship Qualification Badge with Rifle 
Bar (M-16)
* orders for the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)
* a letter, dated 22 October 2010, from National Personnel Records Center, St. Louis, MO
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.  He enlisted in the Regular Army on 2 April 1964 for a period of 3 years.  He completed basic combat and advanced individual training and was awarded military occupational specialty 13A (Field Artillery Basic).

3.  His Military Personnel Records Jacket (MPRJ) contains orders awarding him marksmanship badges.

	a.  Headquarters, 3rd Training Brigade, Fort Jackson, SC Special Orders Number 96, dated 1 June 1964, awarded him the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14).

	b.  Headquarters, 82nd Airborne Division, Fort Bragg, NC Special Orders Number 79, dated 7 April 1965, awarded him the Expert Marksmanship Qualification Badge with Rifle Bar (M-16).

4.  He was assigned to the 2nd Battalion, 320th Artillery in the Republic of Vietnam from 30 December 1965 to 7 January 1967.

5.  On 8 January 1967, he was released from active duty.  He completed 2 years, 
9 months, and 7 days of active service that was characterized as honorable.  His DD Form 214 shows he was awarded or is authorized the:

* Armed Forces Expeditionary Medal
* Army Commendation Medal
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* Parachutist Badge
* National Defense Service Medal

6.  There is no evidence the applicant received the first award of the Army Good Conduct Medal.  There also is no evidence the applicant was disqualified by his chain of command from receiving the Army Good Conduct Medal.  Records do not show indiscipline or lost time.  His records do not contain any adverse information and he received conduct and efficiency ratings of “excellent” throughout his service.

7.   Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists campaign participation credit, assault landing credit, unit citation emblems awarded during the Vietnam Conflict.  

	a.  All units assigned in Vietnam from 8 February 1962 through 28 March 1973 were awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation, based on Department of the Army General Order Number 8, dated 1974.

	b.  During the period he was assigned to the 2nd Battalion, 320th Artillery the unit was awarded the:

* Presidential Unit Citation (Army) - 2 - 20 June 1966
* Valorous Unit Award - 17 January - 25 March 1966
* Meritorious Unit Commendation (Army)  - 29 July 1965 - 1 October 	1966

	c.  The 2nd Battalion, 320th Artillery was also awarded the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 
18 March 1968 to 2 May 1970.

8.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards.

	a.  A bronze service star based on qualifying service for each campaign listed in Appendix B of this regulation.  The regulation states that authorized bronze service stars will be worn on the appropriate campaign and service medal, which in this case is the Vietnam Service Medal.  

	b.  Table B-1 lists the authorized campaigns for the Vietnam Conflict.  These campaigns include the:

* Vietnam Counteroffensive Campaign (25 December 1965 - 30 June 
	1966)
* Vietnam Counteroffensive, Phase II Campaign (1 July 1966 - 31 May 
	1967)
9.  Army Regulation 672-5-1 (Awards), in effect at the time, stated the Army Good Conduct Medal could be awarded, 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.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's records do not show indiscipline or lost time, he received conduct and efficiency ratings of "excellent" throughout his military service.  Therefore, the preponderance of evidence shows the applicant is entitled to the first award of the Army Good Conduct Medal based on completion of qualifying service from 2 April 1964 to 8 January 1967 ending with termination of a period of Federal military service.

2.  Based on his period of service with the 2nd Battalion, 320th Artillery in the Republic of Vietnam he is authorized the:

* Presidential Unit Citation (Army)
* Valorous Unit Award
* Meritorious Unit Commendation (Army) 
* Republic of Vietnam Gallantry Cross with Palm Unit Citation

3.  He was not assigned to the 2nd Battalion, 320 Artillery during the period they were awarded the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.  Therefore, he is not authorized this award.

4.  He participated in two campaigns during his tour of duty in the Republic of Vietnam.  Therefore, he is authorized two bronze service stars to be worn on his Vietnam Service Medal.

5.  Orders show he was awarded the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14) and the Expert Marksmanship Qualification Badge with Rifle Bar (M-16).  Therefore, these badges should be added to his DD Form 214.


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 as follows:

	a.  Award him the Army Good Conduct Medal for the period from 2 April 1964 to 8 January 1967.

	b.  Delete the Vietnam Service Medal from item 26 of his DD Form 214.

	c.  Add the following awards to item 26 of his DD Form 214:

* Army Good Conduct Medal
* Presidential Unit Citation (Army)
* Valorous Unit Award
* Meritorious Unit Commendation (Army) 
* Vietnam Service Medal with two bronze service stars
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)
* Expert Marksmanship Qualification Badge with Rifle Bar (M-16)

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 the 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)                                         AR20110015101





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ABCMR Record of Proceedings (cont)                                         AR20110015101



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