IN THE CASE OF:	  

		BOARD DATE:	    21 February 2012

		DOCKET NUMBER:  AR20110016052 


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 records to show award of Combat Infantryman Badge and 2 Overseas Service Bars.

2.  The applicant states, in effect, that item 41 (Awards and Decorations) of his DA Form 20 (Enlisted Qualification Record) shows he was awarded the Combat Infantryman Badge and 2 Overseas Service Bars; however, they were not recorded on his separation document.

3.  The applicant provides a copy of his DA Form 20 and DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) in support of his application.

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 for a period of 24 months on 23 October 1968.  He was awarded military occupational specialty (MOS) 11D (Armor Reconnaissance Specialist).

3.  The applicant's DA Form 20 shows in:

	a.  item 31 (Foreign Service):  Vietnam from 30 June 1969 through 29 June 1970;

	b.  item 33 (Appointments and Reductions):  he was promoted to specialist five (SP5)/pay grade E-5 on 8 January 1970;

	c.  item 38 (Record of Assignments):

	 	(1)  B Troop, 1st Squadron, 11th Armored Cavalry Regiment, from 5 July 1969 through 26 June 1970; and

   	(2)  he received "excellent" conduct and efficiency ratings throughout his service, except for three periods (i.e., 9-11 March, 1-2 April, and 7-17 April 1970) while in a patient status and he received ratings of "unknown";
	
   d.  item 39 (Campaigns):  "unnamed campaign"; and

	e.  item 41 (Awards and Decorations):

* National Defense Service Medal
* Vietnam Service Medal
* Combat Infantryman Badge
* 2 Overseas Service Bars
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar
* Expert Marksmanship Qualification Badge with Grenade Bar

4.  Headquarters, 11th Armored Cavalry Regiment, Special Orders Number 248, dated 13 September 1969, awarded the applicant the Combat Infantryman Badge.

5.  A DD Form 214 shows the applicant entered active duty this period on
23 October 1968.  He was honorably released from active duty on 29 June 1970 and transferred to the U.S. Army Reserve Control Group (Annual Training) to complete his Reserve obligation.

   a.  He had completed 1 year, 8 months, and 7 days of active service.

   b.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) shows the:
   
* National Defense Service Medal
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal

6.  A review of the applicant's military personnel records reveals that he may be authorized additional awards that are not shown on his DD Form 214.

7.  Headquarters,  U.S. Army Training Center, Infantry, Fort Benning, Georgia, Special Orders Number 295, dated 10 December 1968, paragraphs 22 and 32, awarded the applicant the:

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

8.  A DA Form 137 (Installation Clearance Record), dated 1 May 1970, shows the applicant's executive officer rated the applicant's conduct and efficiency as "excellent."

9.  Army Regulation 600-8-22 (Military Awards) provides policy, criteria, and administrative instructions concerning military awards and decorations.  

   a.  Paragraph 2-13 provides 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.

	b.  Table B-1 contains a list of Vietnam Conflict campaigns and it shows that during the applicant's tour in Vietnam he participated in the following campaigns:

* Vietnam Summer - Fall 1969 (9 June - 31 October 1969)
* Vietnam Winter - Spring 1970 (1 November 1969 - 30 April 1970)
* Sanctuary Counteroffensive (1 May - 30 June 1970)

10.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows that at the time of the applicant's assignment to B Troop, 1st Squadron, 11th Armored Cavalry Regiment, the regiment was awarded the:

* Valorous Unit Award for actions from 1 May to 29 June 1970 by Department of the Army General Orders (DAGO) Number 43 (1972)
* Republic of Vietnam Gallantry Cross with Palm Unit Citation by DAGO Number 50 (1971) for the period 1 May 1969 to 15 February 1970 and DAGO Number 55 (1971) for the period 1 March to 30 October 1970

11.  A review of the applicant's military personnel records failed to show he was awarded the Army Good Conduct Medal (1st Award).  This records review also failed to reveal any adverse information.

12.  Army Regulation 672-5-1 (Military Awards), in effect at the time, provided that the Army Good Conduct Medal is awarded to individuals who completed a qualifying 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.  Ratings of "unknown" for portions of the period under consideration were not disqualifying.  There must have been no convictions by a court-martial.

13.  Army Regulation 670-1 (Uniforms and Insignia) governs the requirements for the Overseas Service Bar.  It states a bar is authorized for wear for each period of active Federal service as a member of the U.S. Army outside of the continental limits of the United States for the specific time frames and areas of operation.  For Vietnam service, one Overseas Service Bar was authorized for each period of six months active Federal service as a member of a U.S. Service in Vietnam from 1 July 1958 to 28 March 1973.  Both the month of arrival and the month of departure from Vietnam were counted as whole months for credit toward the Overseas Service Bar.

DISCUSSION AND CONCLUSIONS:

1.  The applicant requests correction of his records to show award of Combat Infantryman Badge and 2 Overseas Service Bars.

2.  The evidence of record shows:

	a.  special orders awarded the applicant the:

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



   b.  the applicant qualified for award of the Vietnam Service Medal and he served in three campaigns during his service in Vietnam.  Thus, he is entitled to three bronze service stars for wear on his already-awarded Vietnam Service Medal;

   c.  general orders awarded the applicant's unit the Valorous Unit Award and the Republic of Vietnam Gallantry Cross with Palm Unit Citation; and

   d.  he qualified for 2 Overseas Service Bars based on his service in Vietnam.

3.  The applicant served a qualifying period of active duty enlisted service for the first award of the Army Good Conduct Medal from 23 October 1968 through
29 June 1970.

   a.  There is no evidence of any disciplinary actions, adverse information, or a commander's disqualification for the Army Good Conduct Medal (1st Award).
   
   b.  He was promoted to specialist five with less than 15 months of active service.

   c.  He received "excellent" conduct and efficiency ratings during his service, except when he received ratings of "unknown" for three short periods while in a patient status, which is not disqualifying.
   
   d.  Despite the absence of the unit commander's recommendation for the Army Good Conduct Medal (1st Award) at the time of the applicant's separation processing, based on the available evidence, it would be appropriate to award the applicant this medal.

4.  In view of the foregoing, it would be appropriate to correct the applicant's DD Form 214 to show all of his awards and decorations, as recommended below.

BOARD VOTE:

___X____  __X_____  ___X____ GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION


BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was 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
23 October 1968 through 29 June 1970;

   b.  deleting from item 24 of his DD Form 214 all of the award entries; and
   
   c.  adding to item 24 of his DD Form 214 the:

* Army Good Conduct Medal (1st Award)
* National Defense Service Medal
* Vietnam Service Medal with 3 bronze service stars
* Republic of Vietnam Campaign Medal with Device (1960)
* Combat Infantryman Badge
* Expert Marksmanship Qualification Badge with Grenade Bar
* Sharpshooter Marksmanship Qualification Badge with Rifle (M-14) Bar
* Valorous Unit Award
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* 2 Overseas Service Bars




      __________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)                                         AR20110016052



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ABCMR Record of Proceedings (cont)                                         AR20110016052



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