IN THE CASE OF:	  

		BOARD DATE:	    15 March 2012

		DOCKET NUMBER:  AR20110017858 


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 the Army Good Conduct Medal, Vietnam Service Medal with two or three bronze service stars, Republic of Vietnam Gallantry Cross with Palm Unit Citation, Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, Combat Infantryman Badge, and any other awards he is entitled to based on his service in Vietnam.

2.  The applicant states all of his authorized awards were not included on his
DD Form 214 at the time of his relief from active duty (REFRAD).

3.  The applicant provides:

* his DD Form 214
* his DA Form 20 (Enlisted Qualification Record)
* a letter from the National Personnel Records Center (NPRC)
* 
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 at Coral Gables, FL on 16 September 1964.  He completed his basic training at Fort Gordon, GA and his advanced individual training as an armor crewman at Fort Knox, KY.  Upon completion of training he was then transferred to Hawaii on
9 February 1965 for assignment to Company A, 1st Battalion, 69th Armor Battalion.

3.  Item 29 (Qualification in Arms) of his DA Form 20 show he qualified:

* sharpshooter with the M-14 Rifle on 10 November 1964
* sharpshooter with the .45 caliber pistol on 8 July 1986
* expert with the .45 caliber sub-machine gun on 15 July 1965
* expert with the .30 caliber machine gun on 30 July 1965

4.  On 26 January 1966, he was transferred to Vietnam with his unit.  He was advanced to the rank/grade of specialist four (SP4)/E-4 on 26 March 1966.  He served as a tank driver until he departed Vietnam on 9 September 1966 and was transferred to Oakland Army Base, CA where he was honorably REFRAD on
13 September 1966.

5.  Item 26 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 issued at the time shows the:

* National Defense Service Medal
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* 1 overseas service bar
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)


6.  Records show he received all "excellent" conduct and efficiency ratings throughout his service.  There is no evidence of any derogatory information or a commander's disqualification that would serve to disqualify him from being awarded the first award of the Army Good Conduct Medal (AGCM).

7.  His record contains no evidence that shows he was recommended for or awarded CIB.  There is also no evidence that shows he served as an infantryman in an infantry unit while engaged in active ground combat in Vietnam.

8.  A search of the Awards and Decorations Computer-Assisted Retrieval System (ADCARS), an index of general orders issued during the Vietnam era between 1965 and 1973 maintained by the Military Awards Branch of the U.S. Army Human Resources Command, failed to reveal any orders awarding the applicant any personal awards.

9.  Army Regulation 672-5-1 (Awards), in effect at the time, stated the AGCM was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940; for 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.

10.  Army Regulation 600-8-22 (Military Awards) states there are basically three requirements for award of the Combat Infantryman Badge.  The Soldier must be an infantryman satisfactorily performing infantry duties, he must be assigned to an infantry unit during such time as the unit is engaged in active ground combat, and he must actively participate in such ground combat.

11.  Army Regulation 600-8-22, paragraph 2-13, contains 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.  Appendix B shows that during his service in Vietnam, the applicant participated in the following two campaigns:

* Vietnam Counteroffensive (25 December 1965 - 30 June 1966)
* Vietnam Counteroffensive Phase II (1 July 1966 - 31 May 1967)


12.  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 the 1st Battalion, 69th Armor, was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period March 1966 through 1 August 1967 by Department of the Army General Order Number 48, dated 1971

DISCUSSION AND CONCLUSIONS:

1.  The applicant participated in two campaign phases during his service in Vietnam.  Therefore, he is entitled to two bronze service stars for wear on his already-awarded VSM and correction of his DD Form 214 to show these bronze service stars.

2.  After carefully examining the applicant’s record of service, it appears the applicant should have received the first award of the AGCM for his service from 16 September 1964 through 13 September 1966.  His record is void of any derogatory information which would have precluded him from being awarded the AGCM and the lack of any specific action by his commander to disqualify him from receiving this award.  The evidence further suggests the applicant did not receive the AGCM as a result of an administrative error.  Therefore, in the interest of justice, the applicant should be awarded the first award of the AGCM and his DD Form 214 should be corrected to show this award.

3.  The applicant’s unit 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.

4.  Records show he qualified sharpshooter with the .45 caliber pistol, expert with the .45 caliber submachine gun, and expert with the .30 caliber machine gun.  Therefore, he is entitled to the corresponding weapons qualification badge and correction of his DD Form 214 to show these badges.

5.  However, the applicant did not possess an infantry military occupational specialty and he was not assigned to an infantry company in Vietnam.  Accordingly, it appears he was not then and he is not now entitled to award of the CIB.  Therefore, there is no basis for granting this portion of his request.


6.  Additionally, there is no evidence that shows his unit was cited for award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation or any other unit awards during his tenure of service in Vietnam.  Therefore, there is no basis for granting this portion of his request.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___X____  ___X___  ____X___  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

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

	a.  deleting from item 26 of his DD Form 214 the Vietnam Service Medal;

	b.  awarding him the Army Good Conduct Medal (1st Award) for the period
16 September 1964 through 13 September 1966; and

	c.  adding to item 26 of his DD Form 214 the:

* Army Good Conduct Medal (1st Award)
* Vietnam Service Medal with two bronze service stars
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Expert Marksmanship Qualification Badge with Machinegun Bar
(.30 caliber)
* Expert Marksmanship Qualification Badge with Submachine Gun Bar (.45 caliber)
* Sharpshooter Marksmanship Qualification Badge with Pistol Bar 
(.45 caliber

2.  The Board further determined that 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 adding the CIB, Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, and any other unit awards during his service in Vietnam to his DD Form 214.



      _______ _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)                                         AR20110017858



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ABCMR Record of Proceedings (cont)                                         AR20110017858



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