IN THE CASE OF:	  

		BOARD DATE:	  21 February 2012

		DOCKET NUMBER:  AR20110017144 


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 all the awards he is entitled to for his service in the Republic of Vietnam.

2.  The applicant states, in effect, he was awarded the Bronze Star Medal and would like to have his records updated in order to provide an accurate portrayal of his military service to his children.

3.  The applicant provides:

* a self-authored statement
* DD Form 214
* General Orders Number 2150
* a newspaper clipping

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                    3 September 1968.  He completed basic combat and advanced individual training and he was awarded military occupational specialty 11B (Light Weapons Infantryman).  He was stationed in the Republic of Vietnam from 19 February 1969 through 18 February 1970, where he was further assigned to Company B,                 6th Battalion, 31st Infantry Regiment.  The highest rank/grade he attained during this period of service was specialist four (SP4)/E-4.  

3.  On 2 September 1970, he was honorably released from active duty and transferred to the U.S. Army Reserve Control Group (Annual Training).  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the:

* National Defense Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* 2 Overseas Bars
* Vietnam Service Medal
* Combat Infantryman Badge
* Army Commendation Medal (1st Oak Leaf Cluster)
* Air Medal
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-14)
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16)

4.  His record contains and the applicant provides General Orders Number 2150, issued by Headquarters, II Field Force Vietnam, dated 28 May 1970, which award him the Bronze Star Medal with “V” Device.

5.  His record contains Special Orders Number 4, issued by Headquarters,
2nd Advanced Individual Training Brigade, U.S. Army Training Center, Infantry, Fort Ord, dated 9 January 1969, which show he was awarded the Second Class Gunner Marksmanship Qualification Badge with Machine Gun Bar (M-60).  The current denotation of this qualification is the Marksman Marksmanship Qualification Badge with Bar (M-60).

6.  His record contains Special Orders Number 217, issued by Headquarters,
First Basic Combat Training Brigade, U.S. Army Training Center, Infantry, Fort Ord, dated 29 October 1968, which show he was awarded the Expert Marksmanship Qualification Badge with Grenade Bar.
7.  Item 38 (Record of Assignments) of his DA Form 20 (Enlisted Qualification Record) shows he received conduct and efficiency ratings of "excellent" for each of his duty assignments.  His record does not contain a record of a commander's disqualification for award of the Army Good Conduct Medal or any derogatory information.

8.  Army Regulation 672-5-1 (Awards), in effect at the time, provides that the Army Good Conduct Medal is awarded to individuals who have completed a qualified period of active duty enlisted service.  This period is 3 years except in those cases when the period for the first award ends 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.

9.  Army Regulation 600-8-22 (Military Awards) states the Vietnam Service Medal is awarded to all members of the Armed Forces of the United States for qualifying service in Vietnam after 3 July 1965 through 28 March 1973.  Qualifying service included attachment to or assignment for 1 or more days with an organization participating in or directly supporting military operations.  The same regulation states that a bronze service star is authorized with this award for each Republic of Vietnam campaign a member is credited with participating in.    Appendix B shows that during his service in the Republic of Vietnam, participation credit was awarded for the following four campaigns:

* Vietnam Counteroffensive Phase VI
* Tet 69 Counteroffensive 1969
* Vietnam Summer-Fall 1969
* Vietnam Winter-Spring 1970

10.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) was published to assist commanders and personnel officers in determining or establishing the eligibility of Soldiers for campaign participation credit, assault landing credit, and unit citation badges awarded during the Vietnam Conflict.  This pamphlet shows that during his assignment to Company B, 6th Battalion, 31st Infantry Regiment, his unit was cited for the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 19 December 1966 through 28 June 1969 by Department of the Army General Order Number 59, dated 1969.

DISCUSSION AND CONCLUSIONS:

1.  General orders awarded him the Bronze Star Medal with “V” Device.  Therefore, he is entitled to correction of his DD Form 214 to show this award.

2.  The applicant served honorably during the period 3 September 1968 through 2 September 1970.  He served in Vietnam, attained the rank/grade of SP4/E-4, and he received "excellent" conduct and efficiency ratings throughout his military service.  His file contains no information that would have disqualified him for the Army Good Conduct Medal; therefore, it would be appropriate to award the applicant the first award of the Army Good Conduct Medal and correct his
DD Form 214 to show this award.

3.  Special orders awarded him the Marksman Marksmanship Qualification Badge with Bar (M-60) and the Expert Marksmanship Qualification Badge with Grenade Bar.  Therefore, he is entitled to correction of his DD Form 214 to show these badges.

4.  Records show he was previously awarded the Vietnam Service Medal.  Evidence shows he participated in four campaign phases during his Republic of Vietnam service.  Therefore, he is entitled to correction of his DD Form 214 to show four bronze service stars for wear with his previously-awarded Vietnam Service Medal.  

5.  General orders awarded his unit in Vietnam the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation; 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 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 exemplary behavior, efficiency, and fidelity during the period 3 September 1968 through
2 September 1970;

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

   c.  adding to item 24 of his DD Form 214 the:

* Bronze Star Medal with “V” Device
* Army Good Conduct Medal (1st Award)
* Marksman Marksmanship Qualification Badge with Bar (M-60)
* Expert Marksmanship Qualification Badge with Grenade Bar
* Vietnam Service Medal with four bronze service stars
* 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)                                         AR20110017144



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ABCMR Record of Proceedings (cont)                                         AR20110017144



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