IN THE CASE OF:	  

		BOARD DATE:  24 April 2012

		DOCKET NUMBER:  AR20110021124 


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 awards of the Bronze Star Medal, Air Medal, and the Combat Infantryman Badge.

2.  The applicant states he earned these medals and he wants his DD Form 214 corrected to show them.

3.  The applicant provides his DD Form 214, a driver's license, and two orders.

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's records show he was inducted into the Army of the United States on 1 May 1967 and he held military occupational specialty 11B (Light Weapons Infantryman).  He served in Vietnam from 4 December 1967 to 3 December 1968 while assigned to Company B, 2nd Battalion, 7th Cavalry, 1st Cavalry Division.

3.  Special Orders Number 61, dated 1 March 1968, issued by Headquarters (HQ), 1st Cavalry Division, awarded him the Combat Infantryman Badge.

4.  General Orders Number 4661, dated 13 June 1968, issued by HQ, 1st Cavalry Division, awarded him the Air Medal for the period December 1967 to June 1968.

5.  General Orders Number 13862, dated 10 November 1968, issued by HQ, 1st Cavalry Division, awarded him the Bronze Star Medal for meritorious service during the period December 1967 to December 1968.

6.  He was honorably released from active duty on 6 December 1968 and he was transferred to the U.S. Army Reserve.  He completed 1 year, 7 months, and 6 days of creditable active service with no time lost.

7.  His DD Form 214 shows the National Defense Service Medal, Vietnam Service Medal, Vietnam Campaign Medal, two overseas service bars, and the Marksman Marksmanship Qualification Badge with Rifle Bar (M-16).

8.  A review of his records indicates entitlement to additional awards.

9.  Item 38 (Record of Assignments) of his DA Form 20 (Enlisted Qualification Record) shows he received all "excellent" conduct and efficiency ratings throughout his service.  His record is void of any record of disciplinary actions or a commander's disqualification for award of the Army Good Conduct Medal.

10.  Army Regulation 672-5-1 (Military 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.



11.  Item 29 (Qualification in Arms) of his DA Form 20 shows he was awarded the:

* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)
* Sharpshooter Marksmanship Qualification Badge with Pistol Bar
(45 Caliber)
* Sharpshooter Marksmanship Qualification Badge with Machine Gun Bar (M-60)

12.  Army Regulation 600-8-22 (Military Awards), paragraph 2-13, contains the regulatory guidance for the Vietnam Service Medal.  It states a bronze service star is authorized with this award for each Vietnam campaign a member is credited with participating in.  A silver service star is authorized in lieu of five bronze service stars.  Appendix B shows that during his service in Vietnam, participation credit was awarded for the following five campaigns:

* Vietnam Counteroffensive Phase III (1 June 1967 - 29 January 1968)
* TET Counteroffensive (30 January - 1 April 1968)
* Vietnam Counteroffensive Phase IV (2 April - 30 June 1968)
* Vietnam Counteroffensive Phase V (1 July - 1 November 1968)
* Vietnam Counteroffensive Phase VI (2 November 1968 - 22 February 1969

13.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register), shows Company B, 2nd Battalion, 7th Cavalry was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation during the period 17 November 1965 through 19 May 1969, by Department of the Army General Order Number 59, dated 1969.

DISCUSSION AND CONCLUSIONS:

1.  Orders awarded the applicant the Combat Infantryman Badge, Air Medal, and the Bronze Star Medal which are not shown on his DD Form 214.  Therefore, his DD Form 214 should be corrected to show these awards.

2.  The evidence of record shows he served honorably from 1 May 1967 through 6 December 1968.  He served in Vietnam and he received all "excellent" conduct and efficiency ratings throughout his military service.  His record is void of any disciplinary actions or a commander's disqualification that would have precluded him from receiving the first award of the Army Good Conduct Medal.  Therefore,



it would be appropriate to award him the Army Good Conduct Medal (1st Award) and to correct his DD Form 214 to show this award.

3.  His record confirms he participated in five campaigns while serving in Vietnam.  Therefore, he is entitled to a silver service star for wear on his already-awarded Vietnam Service Medal and correction of his DD Form 214 accordingly.

4.  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 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 correcting his DD Form 214 as follows:

* awarding him the Army Good Conduct Medal (1st Award) for exemplary behavior, efficiency, and fidelity during the period 1 May 1967 through 6 December 1968
* deleting the Vietnam Service Medal
* adding the:

* Combat Infantryman Badge
* Air Medal
* Bronze Star Medal
* Army Good Conduct Medal (1st Award)
* Vietnam Service Medal with one silver service star
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)



* Sharpshooter Marksmanship Qualification Badge with Pistol Bar
(45 Caliber)
* Sharpshooter Marksmanship Qualification Badge with Machine Gun Bar (M-60)



      _______ _   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)                                         AR20110021124





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ABCMR Record of Proceedings (cont)                                         AR20110021124



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