IN THE CASE OF:	  

		BOARD DATE:	  1 May 2012

		DOCKET NUMBER:  AR20110021778 


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:

	a.  his rank as specialist four (SP4)/E-4 and

	b.  award of the Air Medal and Bronze Star Medal.

2.  The applicant states his DD Form 214 does not reflect the correct information.

3.  The applicant provides:

* Honorable Discharge Certificate from the U.S. Army Reserve (USAR)
* Air Medal Certificate
* Bronze Star Medal Certificate
* 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 into the Army of the United States on 18 March 1971.  He arrived in Vietnam on 19 August 1971.  He served as an infantry indirect fire crewman assigned to Company D, 1st Battalion, 7th Cavalry, in Vietnam from 31 August 1971 to 13 April 1972.  Records show he participated in three campaigns during his assignment in Vietnam.

3.  Item 33 (Appointments and Reductions) of his DA Form 20 (Enlisted Qualification Record) shows he was appointed to private first class (PFC)/E-3 effective 26 October 1971.

4.  Special Orders Number 218, dated 13 November 1971, show he was appointed to PFC effective 26 October 1971.

5.  General Orders Number 1174, dated 10 April 1972, show he was awarded the Bronze Star Medal for meritorious service during the period August 1971 to April 1972 in Vietnam.

6.  General Orders Number 1241, dated 14 April 1972, show he was awarded the Air Medal for meritorious achievement while participating in aerial flight during the period 4 October 1971 to 1 March 1972 in Vietnam.  His rank is shown as SP4 on these orders.

7.  Special Orders Number 106, dated 15 April 1972, releasing him from active duty show his rank as PFC.

8.  On 15 April 1972, he was honorably released from active duty in the rank of PFC after serving 1 year and 28 days of creditable active service with no lost time.

9.  His DD Form 214 shows in:

* item 5a (Grade, Rate, or Rank) the entry "PFC" 
* item 5b (Pay Grade) the entry "E3"
* item 6 (Date of Rank (DOR)) the entry "8 FEB 72" (8 February 1972)

10.  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
* Republic of Vietnam Campaign Medal with Device (1960)
* Combat Infantryman Badge

11.  There are no orders which show he was advanced to SP4/E-4 prior to his release from active duty on 15 April 1972.

12.  There is no evidence the applicant received the first award of the Army Good Conduct Medal.  There also is no evidence the applicant was disqualified by his chain of command from receiving the Army Good Conduct Medal.  His records show he received conduct and efficiency ratings of "excellent" throughout his service.

13.  On 17 March 1977, he was honorably discharged from the USAR.  His USAR Honorable Discharge Certificate shows his rank as SP4.

14.  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 the 1st Battalion, 501st Infantry, was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation by Department of the Army General Orders Number 54, dated 1974.

15.  Army Regulation 672-5-1 (Awards), in effect at the time, provided policy and criteria concerning individual military decorations.  It 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 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.  At the time, a Soldier's conduct and efficiency ratings must have been rated as "excellent" for the entire period of qualifying service.

16.  Army Regulation 600-8-22 (Military Awards) states a bronze service star is worn on the appropriate service ribbon for each credited campaign, to include the Vietnam Service Medal.








DISCUSSION AND CONCLUSIONS:

1.  The applicant requests his rank be corrected to show SP4 on his DD Form 214.  Although there are no orders in the available records which show he was appointed to SP4, his 14 April 1972 orders for the Air Medal show his rank as SP4.  Since his DOR for PFC is 26 October 1971 and his DD Form 214 shows his DOR as 8 February 1972, it is reasonable to presume he was appointed to SP4 on 8 February 1972.  Any reasonable doubt should be resolved in the applicant's favor; therefore, it would be appropriate to amend items 5a and 5b of his DD Form 214 to show he was appointed to SP4/E-4 prior to his separation. 

2.  Orders show he was awarded the Bronze Star Medal and Air Medal.  His DD Form 214 should be corrected to show these medals.

3.  He was released from active duty in the rank of PFC with almost 13 months of creditable active service with no lost time.  It appears he met the eligibility criteria for the first award of the Army Good Conduct Medal for the period 18 March 1971 through 15 April 1972 based on completion of a period of qualifying service ending with the termination of a period of Federal military service.  Therefore, he should be awarded the Army Good Conduct Medal (1st Award) and his DD Form 214 should be corrected to show this award.

4.  He participated in three campaigns during his service in Vietnam which authorizes him award of the Vietnam Service Medal with three bronze service stars.  His DD Form 214 should be corrected to show these service stars.

5.  His Vietnam unit was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation while he was assigned to the unit.  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 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.  deleting the entry in item 5a of his DD Form 214 and replacing it with the entry "SP4;" 

	b.  deleting the entry in item 5b of his DD Form 214 and replacing it with the entry "E4;"

	c.  awarding him the Army Good Conduct Medal (1st Award) for the period 18 March 1971 through 15 April 1972 and

	d.  adding the Bronze Star Medal, Air Medal, Army Good Conduct Medal (1st Award), Republic of Vietnam Gallantry Cross with Palm Unit Citation, and three bronze service stars for wear on his already-awarded Vietnam Service Medal 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)                                         AR20110021778



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ABCMR Record of Proceedings (cont)                                         AR20110021778



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