IN THE CASE OF:

		BOARD DATE:    21 February 2012

		DOCKET NUMBER:  AR20110017941
 

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, both individual and unit, that he is entitled to for his service in the Army.
 
2.  The applicant states he is entitled to the Good Conduct Medal and the Vietnam Gallantry Cross.  He is also of the opinion there may be other decorations, unit citations and bronze service stars that may be missing.   He served his country honorably, including 1 year in a combat zone.

3.  The applicant provides a copy of his DD Form 214.

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 on 9 June 1965.  He completed training and was awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman).

3.  The applicant's DA Form 20 (Enlisted Qualification Record) shows:

	a.  in item 38 (Record of Assignments) that he was assigned in Vietnam to Company D, 1st Battalion, 7th Cavalry, 1st Cavalry Division, from 23 November 1965 through 6 November 1966.  He received all "excellent" conduct and efficiency ratings; and

	b.  in item 41 (Awards and Decorations) that he was awarded or authorized the Marksman Marksmanship Qualification Badge with Rifle Bar, Combat Infantryman Badge, Vietnam Service Medal, one overseas service bar, and the Vietnam Campaign Medal.
 
4.  The applicant's DD Form 214 shows he was honorably released from active duty on 8 June 1967, as a specialist four/E-4.  He completed 2 years of total active service.

5.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the 
Vietnam Service Medal with 2 bronze service stars, National Defense Service Medal, Republic of Vietnam Campaign Medal with Device (1960), Combat Infantryman Badge, and the Marksman Marksmanship Qualification Badge with Rifle Bar.

 6.  There is no evidence of a commander's disqualification for the first award of the Army Good Conduct Medal.  He received all "excellent" conduct and efficiency ratings.

7.   A review 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 Good Conduct Medal orders pertaining to the applicant.

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.  Ratings of "unknown" for portions of the period under consideration were not disqualifying.  There must have been no convictions by a court-martial.

9.  Army Regulation 600-8-22 contains the regulatory guidance for the Vietnam Service Medal.  It states a bronze service star is authorized with this award for 
each Vietnam campaign.  During his service in Vietnam, the applicant participated in the following three campaigns:

* Vietnam Defense Campaign                   8 March - 24 December 1965
* Vietnam Counteroffensive                     25 December 1965 - 30 June 1966
* Vietnam Counteroffensive Phase            1 July 1966 - 31 May 1967

10.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in the Republic of Vietnam.  This pamphlet shows the 1st Battalion 7th Cavalry  was cited for award of the:

	a.  Presidential Unit Citation for the period 23 Ocober-26 November 1965 by Department of the Army General Orders (DAGO) Number 40, dated 1967; and

	b.  Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 15 November 1965-19 May 1969 by DAGO Number 59, dated 1969, as amended by DAGO 70 dated 1969.

DISCUSSION AND CONCLUSIONS:

1.  The available evidence clearly shows he distinguished himself in the performance of his military service as evidenced by his advancement to pay grade E-4 and there is no evidence of a commander's disqualification for the first award of the Army Good Conduct Medal.  It is presumed that his not receiving the first award of the Army Good Conduct Medal for his service was an oversight.  Therefore, he should be awarded the first award of the Army Good Conduct Medal.

2.  Records show the applicant participated in three campaign periods during his service in Vietnam.  Therefore, he is entitled to three bronze service stars for wear on his already-awarded Vietnam Service Medal.

3.  During the applicant's assignment to his unit in Vietnam it was cited for awards of the Presidential Unit Citation, and Republic of Vietnam Gallantry Cross with Palm Unit Citation.

4.  His DD Form 214 should be corrected to show these awards.

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 9 June 1965 through 8 June 1967,

	b.  deleting all awards entries in item 24 of his DD Form 214; and

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

* Army Good Conduct Medal (1st Award)
* National Defense Service Medal
* Combat Infantryman Badge
* Vietnam Service Medal with three bronze service stars
* Republic of Vietnam Campaign Medal with Device (1960)
* Presidential Unit Citation
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Marksman Marksmanship Qualification Badge with Rifle Bar



      _______ _   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)                                         AR20100025029



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ABCMR Record of Proceedings (cont)                                         AR20110017941



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