IN THE CASE OF:	  

		BOARD DATE:  26 January 2012

		DOCKET NUMBER:  AR20110015105


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 Bronze Star Medal.

2.  The applicant states his Bronze Star Medal is not shown on his DD Form 214. 
He attributes this to the fact that it was presented while he was still in the Republic of Vietnam, not at Fort Carson, CO, his place of discharge.

3.  The applicant provides his DD Form 214, Bronze Star Medal Certificate, and Bronze Star Medal Citation.

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 4 April 1968.  He completed training and was awarded military occupational specialty 11B (light weapons infantryman).

3.  Special Orders Number 160, Headquarters, 2nd Advanced Individual Training Brigade, U.S. Army Training Center, Infantry, Fort Ord, CA, dated 7 August 1968, awarded him the Marksman Marksmanship Qualification Badge with Rifle Bar (M-16) effective 1 July 1968.

4.  His DA Form 20 (Enlisted Qualification Record) shows he served in the Republic of Vietnam from 27 August 1968 to on or about 20 August 1969 during which time he was assigned to Troop C, 1st Squadron, 1st Cavalry Regiment (1st Regiment of Dragoons), Americal Division.

5.  General Orders Number 6178, Headquarters, Americal Division, dated 7 July 1969, awarded him the Bronze Star Medal for meritorious service in connection with military operations against a hostile force during the period August 1968 through August 1969.

6.  Special Orders Number 49, Headquarters, 5th Infantry Division (Mechanized) and Fort Carson, Fort Carson, CO, dated 18 February 1970, awarded him the Expert Marksmanship Qualification Badge with Rifle Bar (M-14) effective 21 October 1969.

7.  On 3 April 1970, he was honorably released from active duty and transferred to the U.S. Army Reserve.  His DD Form 214 shows he completed 2 years of total active service, including 11 months and 26 days of foreign service in the Republic of Vietnam.  The highest rank/grade he attained while serving on active duty was specialist four/E-4.

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

* National Defense Service Medal
* Vietnam Service Medal with four bronze service stars
* Republic of Vietnam Campaign Medal with Device (1960)
* Combat Infantryman Badge
* Republic of Vietnam Gallantry Cross with Palm Unit Citation

9.  A review of the applicant's records indicates he is eligible for additional awards which are not shown on his DD Form 214.

10.  Item 38 (Record of Assignments) of his DA Form 20 shows he received "excellent" conduct and efficiency ratings throughout his service.  There is no evidence of any convictions by court-martial; receipt of nonjudicial punishment under Article 15, Uniform Code of Military Justice; or a commander's disqualification that would have precluded him from receiving the first award of the Army Good Conduct Medal.

11.  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 the 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.

12.  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 Squadron, 1st Cavalry Regiment, to which the applicant was assigned, was cited for the Valorous Unit Award for the period 24 August through 25 September 1968 by Department of the Army General Orders Number 53, dated 1970.

DISCUSSION AND CONCLUSIONS:

1.  General orders awarded him the Bronze Star Medal which is not shown on his DD Form 214.  Therefore, he is entitled to correction of his DD Form 214 to show this award.

2.  Special orders awarded him the Expert Marksmanship Qualification Badge with Rifle Bar (M-14) and the Marksman Marksmanship Qualification Badge with Rifle Bar (M-16) which are not shown on his DD Form 214.  Therefore, his DD Form 214 should be corrected to show these qualification badges.

3.  He received "excellent" conduct and efficiency ratings throughout his service. There is no evidence of any disciplinary or derogatory actions or a commander's disqualification for the first award of the Army Good Conduct Medal.  Therefore, he should be awarded the Army Good Conduct Medal (1st Award) and his DD Form 214 should be corrected to show this award.

4.  General orders cited his unit of assignment in the Republic of Vietnam for award of the Valorous Unit Award during his period of assignment.  Therefore, he is entitled to correction of his DD Form 214 to show this unit 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.  awarding him the Army Good Conduct Medal (1st Award) for the period 4 April 1968 through 3 April 1970 and

	b.  amending item 24 of his DD Form 214 to add the:

* Bronze Star Medal 
* Army Good Conduct Medal (1st Award)
* Expert Marksmanship Qualification Badge with Rifle Bar (M-14)
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-16)
* Valorous Unit Award



      _______ _ 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)                                         AR20100015543



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ABCMR Record of Proceedings (cont)                                         AR20110015105



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