IN THE CASE OF:	  

		BOARD DATE:	  23 February 2012

		DOCKET NUMBER:  AR20110016998 


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 awards of the:

* Army Good Conduct Medal
* Vietnam Service Medal with two or three bronze service stars
* Republic of Vietnam Campaign Medal with Device (1960)
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)
* Combat Infantryman Badge (based on his military occupational specialty (MOS) of 11B in Vietnam)
* all decorations awarded to his units in Vietnam, e.g., Presidential Unit Citation, Meritorious Unit Commendation, or Valorous Unit Award

2.  He states these awards and decorations were omitted from his DD Form 214 when he departed Vietnam and the Army.

3.  He provides:

* DD Form 214
* letter from the National Personnel Records Center
* DA Form 20 (Enlisted Qualification Record)
* Special Orders Number 109, dated 15 August 1963


* Standard Form 600 (Chronological Record of Medical Care)
* Standard Form 88 (Report of Medical Examination)

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 19 June 1963.  He served in Vietnam from 8 July 1965 to 11 June 1966.

3.  Special Orders Number 109, dated 15 August 1963, show he qualified as Sharpshooter with the M-14 rifle and was awarded the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14).

4.  His DA Form 20 shows in:

* item 22 (MOSs) – his primary MOS as 76S2P (Automotive Repair Parts Specialist – Parachutist)
* item 33 (Appointments and Reductions) – he was advanced to specialist four/E-4 on 20 August 1965 and he was reduced to private first class/E-3 on 1 April 1966
* item 38 (Record of Assignments) – he was assigned to Headquarters and Headquarters Company, 1st Brigade, 101st Airborne Division, from 8 July 1965 to 7 June 1966 in duty MOS 11B for duty as a Light Truck Driver
* item 38 – he received all "excellent" conduct and efficiency ratings
* item 41 (Awards and Decorations) – award or authorization of the Parachutist Badge, Vietnam Service Medal, and National Defense Service Medal

5.  His service record shows he accepted nonjudicial punishment under Article 15, Uniform Code of Military Justice, on two separate occasions for violating a lawful general regulation and for being asleep on guard duty.

6.  On 11 June 1966, he was honorably released from active duty as an overseas returnee.  He completed 2 years, 11 months, and 23 days of total active service with no time lost.  Item 26 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows he was awarded the Parachutist Badge, Vietnam Service Medal, and National Defense Service Medal.

7.  His service record does not contain evidence which shows he participated in combat while serving as an infantryman while assigned to an infantry unit of brigade, regimental, or smaller size.

8.  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.

9.  Army Regulation 600-8-22 (Military Awards), paragraph 2-13, contains the regulatory guidance for the Vietnam Service Medal.  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 was awarded for the Vietnam Defense Campaign and the Vietnam Counteroffensive Campaign.

10.  Department of the Army General Orders (DAGO) Number 8, dated 1974, awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation to Headquarters, U.S. Military Assistance Command, and its subordinate units during the period 8 February 1962 to 28 March 1973 and to Headquarters, U.S. Army Vietnam, and its subordinate units during the period 20 July 1965 to 28 March 1973.

11.  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 unit to which the applicant was assigned, Headquarters and Headquarters Company, 1st Brigade, 101st Airborne Division, was cited for award of the:

	a.  Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 18 March 1968 to 2 May 1970 by DAGO Number 48, dated 1971.  The applicant was not assigned to this unit during this period;
	b.  Presidential Unit Citation for the period 2 to 20 June 1966 by DAGO Number 59, dated 1968;

	c.  Valorous Unit Award for the period 17 January to 25 March 1966 by DAGO Number 1, dated 1969; and

	d.  Meritorious Unit Commendation for the period 29 July 1965 to 1 October 1966 by DAGO Number 1, dated 1969.

12.  Army Regulation 600-8-22 states the Republic of Vietnam Campaign Medal with Device (1960) was awarded by the Government of Vietnam to all members of the Armed Forces of the United States for qualifying service in Vietnam during the period 1 March 1961 through 28 March 1973.  Qualifying service included assignment in Vietnam for 6 months or more.

13.  Army Regulation 600-8-22 states the Combat Infantryman Badge is awarded to infantry officers and to enlisted and warrant officer persons who have an infantry MOS.  They must have served in active ground combat while assigned or attached to an infantry unit of brigade, regimental, or smaller size.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record does not show the applicant was disqualified from receiving the first award of the Army Good Conduct Medal for the period 19 June 1963 through 11 June 1966.  Although he received two Article 15's, he received all "excellent" conduct and efficiency ratings and had no court-martial convictions.  Therefore, he should be awarded the Army Good Conduct Medal (1st Award) for the period 19 June 1963 through 11 June 1966 and his DD Form 214 should be corrected to show this award.

2.  His DD Form 214 currently reflects the Vietnam Service Medal.  He participated in two campaigns during his service in Vietnam.  Therefore, he is entitled to two 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.  The Republic of Vietnam Gallantry Cross with Palm Unit Citation was awarded to all units that served in Vietnam.  Therefore, his DD Form 214 should be amended to show the Republic of Vietnam Gallantry Cross with Palm Unit Citation.


4.  Department of the Army Pamphlet 672-3 shows the applicant's unit, Headquarters and Headquarters Company, 1st Brigade, 101st Airborne Division, was cited for award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 18 March 1968 to 2 May 1970.  However, the applicant was not assigned to this unit during this period.  Therefore, he is not entitled to correction of his DD Form 214 to show this award.

5.  His unit in Vietnam was cited for award of the Presidential Unit Citation, Meritorious Unit Commendation, and Valorous Unit Award while he was assigned to the unit.  Therefore, his DD Form 214 should be corrected to show these awards.

6.  Orders show he qualified as Sharpshooter with the M-14 rifle and was awarded the Sharpshooter Marksmanship Qualification Badge with Rifle Bar 
(M-14).  Therefore, his DD Form 214 should be corrected to show this marksmanship badge.

7.  The evidence of record shows he served a period of qualifying service in Vietnam for award of the Republic of Vietnam Campaign Medal with Device (1960).  Therefore, his DD Form 214 should be amended to show this medal.

8.  His service record does not show he participated in combat as an infantryman or was assigned to an infantry unit of brigade, regimental, or smaller size.  Therefore, he is not entitled to award of the Combat Infantryman Badge.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____x___  ____x___  ____x___  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined the evidence presented was sufficient to warrant a recommendation for partial relief.  As a result, the Board recommends that all Department of Army records of the individual concerned be corrected by:

	a.  awarding him the Army Good Conduct Medal (1st Award) for the period 19 June 1963 through 11 June 1966;

	b.  deleting the Vietnam Service Medal from item 24 of his DD Form 214; and

	c.  adding award of the Army Good Conduct Medal (1st Award), Vietnam Service Medal with two bronze service stars, Republic of Vietnam Gallantry Cross with Palm Unit Citation, Presidential Unit Citation, Valorous Unit Award, Meritorious Unit Commendation, Republic of Vietnam Campaign Medal with Device (1960), and Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14) to item 24 of his DD Form 214.

2.  The Board further determined 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 Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation and Combat Infantryman 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)                                         AR20110016998



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ABCMR Record of Proceedings (cont)                                         AR20110016998



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