IN THE CASE OF:	  

		BOARD DATE:  7 August 2012

		DOCKET NUMBER:  AR20120002477


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 he was awarded the Army Commendation Medal (ARCOM) and the Bronze Star Medal (BSM).

2.  The applicant states he was told, at the time of his release from active duty, that both medals would be processed at a later date and his DD Form 214 would be updated to include these awards.  He was sent both medal sets several months later, but he was not aware his DD Form 214 had not been updated.  

3.  The applicant provides his BSM and ARCOM award certificates.

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 2 December 1968.  He completed training and was awarded military occupational specialty 11B (Light Weapons Infantryman).

3.  His records show he served in the Republic of Vietnam from 12 May 1969 to  4 July 1970.  During this period of service he was assigned to Company C, 3rd Battalion, 21st Infantry Regiment, 196th Light Infantry Brigade, Americal Division.  
4.  Headquarters, Americal Division issued the following general orders:

* General Orders Number 6551, dated 24 June 1970, awarded him the ARCOM for meritorious achievement during the period 1 January 1970 to 30 April 1970
* General Orders Number 7922, dated  4 July 1970, awarded him the BSM for meritorious service during the period July 1969 through July 1970

5.  On 4 July 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 was credited with the completion of 1 year, 7 months, and 3 days of net service during this period of active duty.  The highest rank/grade he attained while serving on active duty was specialist four (SP4)/E-4.  Additionally, his DD Form 214 shows he was awarded the:

* National Defense Service Medal
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* Combat Infantryman Badge
* Expert Marksmanship Qualification Badge with Rifle Bar (M-14)

6.  He provided his ARCOM and BSM award certificates, which show he was awarded the ARCOM and BSM for meritorious achievement and service, respectively, during the same periods identified in the respective award orders.

7.  A review of the applicant's records indicates he is entitled to additional awards which are not shown on his DD Form 214.

8.  Special Orders Number 41, issued by Headquarters, U.S. Army Training Center, Infantry, and Fort Dix, Fort Dix, NJ, on 10 February 1969, awarded him the Expert Marksmanship Qualification Badge with Grenade Bar (Hand Grenade).

9.  Special Orders Number 65, issued by Headquarters, 1st Advanced Individual Training Brigade, U.S. Army Training Center, Infantry, Fort Dix, NJ, on 21 March 1969, awarded him the Expert Marksmanship Qualification Badge with Machine Gun Bar (M-60) and the Marksman Marksmanship Qualification Badge with Rifle Bar (M-16).

10.  There is no indication in his available record that shows he was awarded the Army Good Conduct Medal.  Item 38 (Record of Assignments) of his DA Form  20 (Enlisted Qualification Record) shows he received "excellent" conduct and efficiency ratings throughout his service.  There is no evidence of a commander's disqualification for the award.  Additionally, there is no evidence of any convictions by courts-martial or nonjudicial punishment under Article 15, Uniform Code of Military Justice (UCMJ).

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, and he/she could not have been convicted by 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 the 3rd Battalion, 21st Infantry Regiment, the unit to which the applicant was assigned, was cited for the:

* Valorous Unit Award, for the period 13 May 1969 through 17 June 1969 by Department of the Army General Orders (DAGO) Number 43, 1972
* Republic of Vietnam Gallantry Cross with Palm Unit Citation, for the period 16 April 1969 through 28 August 1969 by DAGO Number 6, dated 1974
* Republic of Vietnam Gallantry Cross with Palm Unit Citation for the periods 24 August 1969 through 31 December 1969 and 31 March 1970 through 30 June 1970 by DAGO Number 42, dated 1972

13.  Department of the Army Pamphlet 672-3 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 (Military Awards) 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.  A silver service star is authorized in lieu of five bronze service stars.  Appendix B shows that during his service in Vietnam, campaign participation credit was awarded for the following five 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)
* Sanctuary Counteroffensive (1 May 1970 – 30 June 1970)
* Vietnam Counteroffensive Phase VII (1 July 1970 – 30 June 1971)  

DISCUSSION AND CONCLUSIONS:

1.  General orders awarded him the ARCOM and BSM, which are not shown on his DD Form 214; therefore, he is entitled to correction of his DD Form 214 to show these awards.

2.  Special orders awarded him the Expert Marksmanship Qualification Badge with Grenade Bar (Hand Grenade), Expert Marksmanship Qualification Badge with Machine Gun Bar (M-60), and the Marksman 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 badges.

3.  He served honorably from 2 December 1968 through 4 July 1970.  His records show he received "excellent" conduct and efficiency ratings throughout his service.  There is no evidence of any disciplinary or derogatory actions or a commander's disqualification for the first award of the Army Good Conduct Medal.  Therefore, as a matter of equity, 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.

4.  General orders awarded his unit of assignment in the Republic of Vietnam the Valorous Unit Award and 3 awards of the Republic of Vietnam Gallantry Cross with Palm Unit Citation during the period in which he was assigned to the unit.  These unit awards are not shown on his DD Form 214; therefore, he is entitled to correction of his DD Form 214 to show them.

5.  He participated in five campaigns during his service in the Republic of Vietnam; therefore, he is entitled to correction of his DD Form 214 to show          1 silver service star 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 
2 December 1968 through 4 July 1970;

   b. Amending his DD Form 214 by deleting the VSM and adding the:

* ARCOM
* BSM
* Army Good Conduct Medal (1st Award)
* Vietnam Service Medal with 1 silver service star
* Valorous Unit Award
* Republic of Vietnam Gallantry Cross with Palm Unit Citation (3d Award)
* Expert Marksmanship Qualification Badge with Grenade Bar (Hand Grenade) and Machine Gun Bar (M-60)
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-16)
      
      
      
      
      __________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)                                         AR20100015543



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ABCMR Record of Proceedings (cont)                                         AR20120002477



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