IN THE CASE OF:	  

		BOARD DATE:	  1 March 2012

		DOCKET NUMBER:  AR20110017116 


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 and a unit citation for his service in the Republic of Vietnam while assigned to Headquarters and Headquarters Company, U.S. Army Support Command, Saigon.

2.  The applicant states he did not know a DD Form 214 could be corrected.

3.  The applicant provides no additional evidence.

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.  With regard to the applicant's request for award of the Bronze Star Medal, ABCMR Docket Number AC96-10349, dated 18 December 1996, resulted in a correction of the applicant's record to show he was awarded the Bronze Star Medal for meritorious service during the period September 1970 through September 1971.  A DD Form 215 (Correction to DD Form 214) was completed and sent to the applicant on 27 October 1997 which added the Bronze Star Medal and the Vietnam Service Medal with two bronze service stars to his record.  Based upon the above, the Bronze Star Medal will not be discussed further in this Record of Proceedings.  A copy of the DD Form 215 will again be provided to him.

3.  The applicant's record shows he was inducted into the Army of the United States on 22 September 1965.  The applicant completed basic combat and advanced individual training and he was awarded military occupational specialty 94B (Cook).

4.  His DD Form 214 and DA Form 20 (Enlisted Qualification Record) show he served in the Republic of Vietnam from 14 September 1970 to 13 September 1971.  During his tour he was assigned to Headquarters and Headquarters Company, U.S. Army Support Command, Saigon.

5.  Special Orders Number 312 issued by Headquarters, U.S. Army Training Center (USATC), Infantry and Fort Lewis, dated 8 November 1969, awarded him the Marksman Marksmanship Qualification Badge with Rifle Bar (M-14).

6.  Special Orders Number 112 issued by 1st Basic Combat Training Brigade, USATC, Infantry and Fort Lewis, dated 19 June 1970, awarded him the Expert Marksmanship Qualification Badge with Rifle Bar (M-16).

7.  Item 38 of his DA Form 20 shows he received all "excellent" conduct and efficiency ratings throughout his service.  His record does not contain any disciplinary actions or a commander's disqualification that would have precluded him from being awarded the first award of the Army Good Conduct Medal.

8.  On 13 September 1971, he was honorably released from active duty and he was transferred to the U.S. Army Reserve Control Group (Annual Training) to complete his remaining Reserve obligation.  The highest rank/grade he attained during his period of service was specialist five (SP5)/E-5.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the DD Form 214 he was issued at the time shows the:

* National Defense Service Medal
* Vietnam Service Medal
* Vietnam Campaign Medal with two bronze service stars [now known as the Republic of Vietnam Campaign Medal with Device (1960)]

9.  Army Regulation 672-5-1 (Awards), in effect at the time, provided that the Army Good Conduct Medal was 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 and no convictions by a court-martial.

10.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register), paragraph 6d, states that Department of the Army General Orders 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.

DISCUSSION AND CONCLUSIONS:

1.  The applicant served honorably during the period 22 September 1969 through 13 September 1971.  He served in Vietnam, attained the rank/grade of SP5/E-5, and he received all "excellent" conduct and efficiency ratings throughout his service.  His file contains no information that would have disqualified him for the award of the Army Good Conduct Medal.  Therefore, it would be appropriate to award the applicant the Army Good Conduct Medal (1st Award) and to correct his DD Form 214 to show this award.

2.  Special orders awarded him the Expert Marksmanship Qualification Badge with Rifle Bar (M-16) and Marksman Marksmanship Qualification Badge with Rifle Bar (M-14).  Therefore, his DD Form 214 should be corrected to show these qualification badges.

3.  His unit in Vietnam was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation during his period of assignment.  Therefore, his DD Form 214 should be corrected 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 22 September 1969 through 13 September 1971 and

	b.  adding the following awards to item 24 of his DD Form 214:

* Army Good Conduct Medal (1st Award)
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Expert Marksmanship Qualification Badge with Rifle Bar (M-16)
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-14)



      ____________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)                                         AR20110017116



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ABCMR Record of Proceedings (cont)                                         AR20110017116



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