IN THE CASE OF:	  

		BOARD DATE:	    17 May 2012

		DOCKET NUMBER:  AR20110022673 

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 following awards:

* Air Medal 
* Army Good Conduct Medal 
* Republic of Vietnam Gallantry Cross with Palm Unit Citation 
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation
* Vietnam Service Medal with 3 bronze service stars

2.  The applicant states he did not receive the above mentioned awards.

3.  The applicant provides:

* DD Form 214
* General Orders Number 3174

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 9 January 1969.  He completed basic combat and advanced individual training and he was awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman).  The highest rank/grade he attained during this period of service was specialist four (SP4)/E-4.  He served in the Republic of Vietnam (RVN) from   6 June 1969 through 5 June 1970 and was assigned to Company B, 1st Battalion, 22nd Infantry Regiment, 4th Infantry Division.  He was honorably released from active duty on 8 January 1971 and transferred to the U.S. Army Reserve Control Group (Annual Training) to complete his remaining service obligation.  His DD Form 214 shows the:

* Vietnam Service Medal with 2 bronze service stars
* National Defense Service Medal
* Combat Infantryman Badge
* RVN Campaign Medal with Device (1960)
* Army Commendation Medal
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar

3.  His record contains a DD Form 215 (Correction to DD Form 214, Certificate of Release or Discharge from Active Duty), dated 16 January 2008, which shows the applicant was awarded the Purple Heart.

4.  General Orders Number 3174, issued by Headquarters, 4th Infantry Division, dated 3 June 1970, awarded him the Air Medal for the period 5 July 1969 to         7 May 1970.

5.  Special Orders Number 55, issued by Headquarters, U.S. Training Center, Infantry and Fort Lewis, dated 24 February 1969, awarded him the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14).

6.  Special Orders Number 107, issued by the same headquarters, dated 17 April 1969, awarded him the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16).

7.  Special Orders Number 121, issued by the same headquarters, dated 1 May 1969, awarded him the Second Class Gunner (currently known as Sharpshooter) Marksmanship Qualification Badge with Machine Gun Bar (M-60).
8.  Item 38 of his DA Form 20 (Enlisted Qualification Record) shows he received "excellent" conduct and efficiency ratings throughout his service.  His record does not contain a record of a commander's disqualification for award of the Army Good Conduct Medal. 

9.  Army Regulation 672-5-1 (Awards), in effect at the time, provides that the Army Good Conduct Medal is awarded to individuals who have completed a qualified period of active duty enlisted service.  This period is 3 years except in those cases when the period for the first award ends 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) lists the awards received by units serving in Vietnam.  This pamphlet shows 1st Battalion, 22nd Infantry Regiment, 4th Infantry Division, the unit to which the applicant was assigned, was cited for award of:

	a.  RVN Gallantry Cross with Palm Unit Citation for the period
1 August 1965 through 16 April 1971 by Department of the Army General Order (DAGO) Number 54, dated 1974;

	b.  RVN Civil Actions Honor Medal First Class Unit Citation for the period       1 October 1966 through 31 October 1969 by DAGO Number 53, dated 1970.

11.  Army Regulation 600-8-22 (Military Awards), paragraph 2-13, contains the regulatory guidance on the Vietnam Service Medal.  It states that a bronze service star is authorized with this award for each Republic of Vietnam campaign a member is credited with participating in.  Appendix B shows that during his service in the Republic of Vietnam, the applicant participated in the following four campaigns:

* Tet 69 Counteroffensive, 1969 
* Vietnam Summer - Fall 1969 
* Vietnam Winter - Spring 1970 
* DA Sanctuary Counteroffensive 
  
DISCUSSION AND CONCLUSIONS:

1.  General orders awarded him the Air Medal for meritorious achievement while participating in aerial flight in the RVN.  Therefore, his DD Form 214 should be corrected to show this award

2.  Special orders awarded him the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14) and (M-16) as well as the Machine Gun Bar (M-60).  Therefore, his DD Form 214 should be corrected to show these badges.

3.  The evidence of record confirms he served honorably during the period 9 January 1969 through 8 January 1971.  He completed his tour in the RVN, he received "excellent" conduct and efficiency ratings throughout his service, and he attained the rank/grade of SP4/E-4.  His record does not contain any derogatory information that would have disqualified 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) based on his completion of a qualifying period of Federal military service from 9 January 1969 through 8 January 1971 and to correct his DD Form 214 to show this award.

4.  The applicant's unit in the RVN was awarded multiple unit awards during his period of assignment.  Therefore, his DD Form 214 should be corrected to show the RVN Gallantry Cross with Palm Unit Citation and RVN Civil Actions Honor Medal First Class Unit Citation.

5.  Records show the applicant participated in four campaign phases during his service in the RVN.  Therefore, he is entitled to four bronze service stars for wear on his already-awarded Vietnam Service Medal and correction of his DD Form 214 to show these service stars.

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:
	
   a.  deleting from his DD Form 214 the Vietnam Service Medal and Sharpshooter Marksmanship Qualification Badge with Rifle Bar;

	b.  awarding him the Army Good Conduct Medal (1st Award) for the period
9 January 1969 through 8 January 1971; and

	c.  adding to his DD Form 214 the:

* Air Medal
* Army Good Conduct Medal (1st Award)
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16)
* Sharpshooter Marksmanship Qualification Badge with Machine Gun Bar (M-60) 
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation
* Vietnam Service Medal with 4 bronze service stars




      _______ _  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)                                         AR20110022673



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ABCMR Record of Proceedings (cont)                                         AR20110022673



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