BOARD DATE:	    18 April 2012

		DOCKET NUMBER:  AR20110021266


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 (1st Award)
* Vietnam Service Medal with 2 or 3 bronze service stars
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation
* Army Commendation Medal (2nd Award)
* Expert Marksmanship Qualification Badge with Rifle Bar (M-16)
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14) 
* any other unit awards to which he is entitled for his service in the Republic of Vietnam

2.  The applicant states these awards were excluded from his DD Form 214 when he left the Republic of Vietnam.

3.  The applicant provides:

* DD Form 214
* DA Form 20 (Enlisted Qualification Record)
* Special Orders Number 275, Headquarters, U.S. Army Training Center, Infantry and Fort Lewis, Fort Lewis, WA, dated 2 October 1968
* Special Orders Number 46, Headquarters, U.S. Army Southeastern Signal School, Fort Gordon, GA, dated 26 February 1969
* General Orders Number 7158, Headquarters, 9th Infantry Division, dated 21 June 1969
* General Orders Number 1209, Headquarters, 1st Infantry Division, dated 29 January 1970
* General Orders Number 3444, Headquarters, 1st Infantry Division, dated 5 March 1970 
* A letter from the National Personnel Records Center, dated 29 September 2011

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 15 August 1968.  He completed training and was awarded military occupational specialty (MOS) 31M (Radio Relay and Carrier Attendant).  The highest rank/grade he attained while serving on active duty was sergeant/E-5.

3.  Special Orders Number 275, Headquarters, U.S. Army Training Center, Infantry and Fort Lewis, Fort Lewis, WA, dated 2 October 1968, awarded him the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14), effective 27 September 1968.

4.  Special Orders Number 46, Headquarters, U.S. Army Southeastern Signal School, Fort Gordon, GA, dated 26 February 1969, awarded him the Expert Marksmanship Qualification Badge with Rifle Bar (M-16), effective 26 February 1969.
  
5.  General Orders Number 7158, Headquarters, 9th Infantry Division, dated     21 June 1969, awarded him the Army Commendation Medal (1st Award), for outstanding achievement in connection with military operations during the period 10 May 1969 to 10 June 1969.

6.  General Orders Number 1209, Headquarters, 1st Infantry Division, dated     29 January 1970, awarded him the Army Commendation Medal (2nd Award), for meritorious service during the period March 1969 to February 1970.

7.  Item 31 (Foreign Service) and item 38 (Record of Assignments) of his DA Form 20 show he served in the Republic of Vietnam from on or about          28 March 1969 to on or about 25 March 1970.  During this period he was assigned to the following organizations:

* Company B, 9th Signal Battalion, 9th Infantry Division, from on or about   8 April 1969 to on or about 4 August 1969
* Company A, 5th Battalion, 60th Infantry Regiment, 9th Infantry Division, from on or about 5 August 1969 to on or about 31 August 1969
* Company A, 121st Signal Battalion, 1st Infantry Division, from on or about 1 September 1969 to on or about 22 February 1970
* Headquarters and Headquarters Company and Band, Support Command, 1st Infantry Division, from on or about 23 February 1970 to on or about   25 March 1970 

8.  On 26 March 1970, he was honorably released from active duty and transferred to the U.S. Army Reserve.  The DD Form 214 he was issued shows he completed 1 year, 7 months, and 12 days of total active service, including 11 months and 27 days of foreign service.  His DD Form 214 further shows that during his period of active service, he was awarded the:

* Bronze Star Medal
* Army Commendation Medal
* National Defense Service Medal
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)

9.  There is no evidence in the available records that shows he was awarded the Army Good Conduct Medal; however, neither is there evidence of a commander's disqualification for the award.  Additionally, there is no evidence of any convictions by courts-martial or receipt of nonjudicial punishment under Article 15, Uniform Code of Military Justice (UCMJ).

10.  Item 38 of his DA Form 20 shows he consistently received "excellent" conduct and efficiency ratings throughout his period of service.




11.  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 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.

12.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam.  This pamphlet shows that during his period of assignment to each respective unit, his assigned units were cited for the following unit awards:

	a.  Company B, 9th Signal Battalion, 9th Infantry Division, was cited for the:

		(1)  Republic of Vietnam Gallantry Cross with Palm Unit Citation, for the period  1 January 1969 through 30 June 1969, by Department of the Army General Orders (DAGO) Number 59, dated 1969; and the 

		(2)  Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, for the period 19 December 1966 through 28 June 1969, by DAGO Number 59, dated 1969. 

	b.  Company A, 5th Battalion, 60th Infantry Regiment, 9th Infantry Division, was cited for the: 

		(1)  Republic of Vietnam Gallantry Cross with Palm Unit Citation, for the period  29 July 1969 through 20 July 1970, by DAGO Number 55, dated 1971; and the 

		(2)  Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, for the period 26 July 1969 through 20 July 1970, by DAGO Number 55, dated 1971. 

	c.  Company A, 121st Signal Battalion, 1st Infantry Division, was cited for the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, for the period 1 October 1965 through 7 April 1970, by DAGO Number 53, dated 1970.

	d.  Headquarters and Headquarters Company and Band, Support Command, 1st Infantry Division, was cited for the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, for the period 1 October 1965 through 7 April 1970, by DAGO Number 53, dated 1970.
13.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) states not more than one Republic of Vietnam Gallantry Cross Unit Citation will be worn by any individual.  Although multiple awards of this unit citation are not authorized for wear, official military and historical records will indicate all awards received.  However, in the case of duplicate awards covering the same period of time only one award will be recorded in official military and historical records.

14.  Army Regulation 600-8-22 states, in pertinent part, that a bronze service star is authorized with the Vietnam Service Medal for each Vietnam campaign a member is credited with participating in.  Appendix B shows that during his service in Vietnam, campaign participation credit was awarded for the following three campaigns:

* Tet 69 Counteroffensive 1969 (23 February 1969 – 8 June 1969)
* Vietnam Summer – Fall 1969 (9 June 1969 – 31 October 1969)
* Vietnam Winter – Spring 1970 (1 November 1969 – 30 April 1970)

DISCUSSION AND CONCLUSIONS:

1.  The applicant requested correction of his DD Form 214 to show the Army Good Conduct Medal (1st Award), Vietnam Service Medal with 2 or 3 bronze service stars, Republic of Vietnam Gallantry Cross with Palm Unit Citation, Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, Army Commendation Medal (2nd Award), Expert Marksmanship Qualification Badge with Rifle Bar (M-16), Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14), and any other unit awards to which he is entitled for his service in the Republic of Vietnam.

2.  The applicant served honorably from 15 August 1968 through 26 March 1970.
The evidence of record shows he received all "excellent" conduct and efficiency ratings throughout his service and there is no evidence he was subject to any disciplinary or derogatory actions during his period of service.  There is no evidence of a commander's disqualification statement pertaining to his first award of the Army Good Conduct Medal; therefore, he should be awarded the Army Good Conduct Medal (1st Award), for the period 15 August 1968 through          26 March 1970, and his DD Form 214 should be corrected to show this award.

3.  General orders awarded him 2 separate awards of the Army Commendation Medal, only one of which is shown on his DD Form 214.  Therefore, he is entitled to correction of his DD Form 214 to show 2 awards of the Army Commendation Medal.

4.  General orders awarded his units of assignment in the Vietnam two awards of the Republic of Vietnam Gallantry Cross with Palm Unit Citation and three awards of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, which are not shown on his DD Form 214.  Therefore, he is entitled to correction of his DD Form 214 to show these unit awards.

5.  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), which are not shown on his DD Form 214; therefore, he is entitled to correction of his DD Form 214 to show these marksmanship awards.

6.  The evidence of record shows he participated in three campaigns during his service in Vietnam.  Therefore, he is entitled to correction of his DD Form 214 to show three bronze service stars to be affixed to his previously-awarded Vietnam Service Medal.

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  15 August 1968 through 26 March 1970; and

   b. amending his DD Form 214 to revoke the Vietnam Service Medal and add the:

* Army Good Conduct Medal (1st Award)
* Army Commendation Medal (2nd Award)
* Vietnam Service Medal with 3 bronze service stars
* Republic of Vietnam Gallantry Cross with Palm Unit Citation (2nd Award)
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation (3rd Award)
* Expert Marksmanship Qualification Badge with Rifle Bar (M-16)
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14) 





      _______ _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)                                         AR20100000695



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ABCMR Record of Proceedings (cont)                                         AR20110021266



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