BOARD DATE:	  8 November 2011

		DOCKET NUMBER:  AR20110017987 


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
* Expert Marksmanship Qualification Badge with Rifle Bar (M-16)
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)
* Any other unit awards and decorations (Presidential Unit Citation, Meritorious Unit Commendation, or Valorous Unit Award)

2.  The applicant states, in effect, the above awards were left off his DD Form 214 upon leaving Vietnam.

3.  The applicant provides:

* DD Form 214
* Letter from the National Personnel Records Center
* DA Form 20 (Enlisted Qualification Record)
* General Orders (GO) Number 354 awarding him the Army Commendation Medal
* Special Orders (SO) Number 242 and 115 awarding him the Expert Marksmanship Qualification Badge with Rifle Bar (M-16) and  Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)
* Report of Medical Examination and allied documents

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 28 March 1968 and he held military occupational specialty 05B (Radio Operator).  

3.  SO Number 115, issued by Headquarters, U.S. Army Training Center, Infantry, Fort Benning, GA, awarded him the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14) on 26 March 1968.

4.  SO Number 242, issued by Headquarters, U.S. Army Training Center, Armor, Fort Knox, KY, awarded him the Expert Marksmanship Qualification Badge with Rifle Bar (M-16) on 29 August 1968.

5.  He served in Vietnam from 27 September 1968 to 29 October 1969.  He was assigned to Headquarters and Headquarters Battery, II Field Force Vietnam Artillery.

6.  He was honorably released from active duty in the rank/grade of specialist four (SP4)/E-4 on 30 October 1969.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the:

* National Defense Service Medal
* Vietnam Service Medal
* Vietnam Campaign Medal
* Army Commendation Medal

7.  On 4 June 1969, he received nonjudicial punishment (NJP) under the provisions of Article 15 of the Uniform Code of Military Justice for disobeying a lawful order.

8.  His records do not contain official orders awarding him the Army Good Conduct Medal.  However, a review of his service record shows, aside from the above NJP, there was no other derogatory information that would disqualify him for the first award of the Army Good Conduct Medal.  Additionally, item 38 (Record of Assignments) of his DA Form 20 shows he received "excellent" conduct and efficiency ratings during his military service.

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 qualified 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) shows during his service with Headquarters and Headquarters Battery, II Field Force Vietnam Artillery, in Vietnam, this unit was cited for awards of the:

* Meritorious Unit Commendation, for service from 1 January 1968 to 15 February 1969, based on Department of the Army General Orders (DAGO) Number 36, dated 1970
* Meritorious Unit Commendation, for service from 16 February 1969 to 31 January 1970, based on DAGO Number 48, dated 1971
* Republic of Vietnam Gallantry Cross with Palm Unit Citation based on DAGO Number 8, dated 1974
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for service from 1 June 1966 to 15 January 1967, based on DAGO Number 51, dated 1971

11.  Appendix B of Army Regulation 600-8-22 (Military Awards) shows during his service in Vietnam, campaign participation credit was awarded for the below campaigns.  This same regulation states a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign:

* Vietnam Counteroffensive, Phase V, 1 July 1968 to 1 November 1968
* Vietnam Counteroffensive, Phase VI, 2 November 1968 to 22 February 1969.
* Tet 69 Counteroffensive, 23 February 1969 to 8 June 1969
* Vietnam Summer - Fall 1969, 9 June 1969 to 31 October 1969

DISCUSSION AND CONCLUSIONS:

1.  He served honorably during the period 28 March 1968 through 30 October 1969.  He served in Vietnam, was awarded a personal decoration, attained the rank/grade of SP4/E-4, and he received "excellent" conduct and efficiency ratings throughout his military service.  Aside from a minor NJP, 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.

2.  General orders awarded his unit in Vietnam two awards of the Meritorious Unit Commendation, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation; therefore, his DD Form 214 should be corrected to show these unit awards.

3.  He was awarded the Vietnam Service Medal.  Additionally, he participated in four campaigns during his period of service in Vietnam.  Therefore, he is entitled to award of four bronze service stars to be affixed to his already-awarded Vietnam Service Medal.

4.  Special orders awarded him the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14) and the Expert Marksmanship Qualification Badge with Rifle Bar (M-16).  Therefore, he is entitled to correction of his DD Form 214 to show both badges.

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:

* awarding him the Army Good Conduct Medal (1st Award) for exemplary behavior, efficiency, and fidelity during the period 28 March 1968 through 30 October 1969
* adding to item 24 of his DD Form 214 the:

* Army Good Conduct Medal (1st Award)
* Meritorious Unit Commendation (2nd Award)
* 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)
* Expert Marksmanship Qualification Badge with Rifle Bar (M-16)
* Four bronze service stars to be affixed to his already-awarded Vietnam Service Medal



      _______ _   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)                                         AR20110017987



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ABCMR Record of Proceedings (cont)                                         AR20110017987



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