IN THE CASE OF:	  

		BOARD DATE:	  20 September 2012

		DOCKET NUMBER:  AR20120005191 


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, in effect, correction of his DD Form 214 (Report of Separation from Active Duty) to show award of the Air Assault Badge and Army Good Conduct Medal.

2.  The applicant states he remembers being told upon leaving Vietnam that he would receive the Army Good Conduct Medal once he returned to the continental United States.  Additionally, he recently learned the Air Assault Badge may be awarded retroactively to Vietnam veterans who participated in air assault missions.  He did so in Vietnam while assigned to Company D, 2nd Battalion, 5th Cavalry, 1st Cavalry Division.

3.  The applicant provides his DD Form 214 and DA Form 20 (Enlisted Qualification Record).

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 16 September 1970 and he held military occupational specialty 11B (Light Weapons Infantryman).

3.  Special Orders Number 307, issued by Headquarters, U.S. Army Training Center, Fort Polk, LA, on 13 January 1971, awarded him the:

* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16)
* Marksman Marksmanship Qualification Badge with Grenade Launcher Bar (M-79)
* Sharpshooter Marksmanship Qualification Badge with Machine Gun Bar (M-60)
* Sharpshooter Marksmanship Qualification Badge with Pistol Bar (.45 Caliber)

4.  He served in Vietnam from 29 September 1971 to 20 March 1972.  He was assigned to Company D, 2nd Battalion (Airmobile), 5th Cavalry Regiment, 1st Cavalry Division.

5.  He was honorably released from active duty in the rank/grade of sergeant (SGT)/E-5 on 23 March 1972.  His DD Form 214 shows the:

* National Defense Service Medal
* Vietnam Service Medal
* Army Commendation Medal
* Bronze Star Medal
* Air Medal

6.  His record does not show he was awarded the Army Good Conduct Medal. Additionally, his record shows no derogatory information that would disqualify him for the first award of the Army Good Conduct Medal.  Furthermore, item 38 (Record of Assignments) of his DA Form 20 shows he received "excellent" conduct and efficiency ratings throughout his military service.

7.  His records do not contain official documentation in the form of a memorandum, endorsement, certificate, order, or any other documentary evidence that shows he completed the Air Assault Course or was awarded the Air Assault Badge.

8.  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.

9.  Army Regulation 600-8-22 (Military Awards) states award of the Air Assault Badge requires satisfactory completion of an air assault training course according to the U.S. Army Training and Doctrine Command standardized Air Assault Core Program of Instruction, or completion of the standard Air Assault Course while assigned or attached to the 101st Airborne Division (Air Assault) after 1 April 1974.

10.  Army Regulation 600-8-22 contains the regulatory guidance on 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.  Appendix B shows that during his service in Vietnam, campaign participation credit was awarded for the:

* Consolidation I – 1 July-30 November 1971
* Consolidation II – 1 December 1971-29 March 1972

11.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows during his tenure with the 2nd Battalion, 5th Cavalry Regiment, his unit was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for service from 17 June 1965 to 30 June 1974 in Department of the Army General Orders Number 54, dated 1974.

DISCUSSION AND CONCLUSIONS:

1.  He served honorably from 16 September 1970 through 23 March 1972.  He attained the rank/grade of SGT/E-5 and completed a combat tour in Vietnam.  He received "excellent" conduct and efficiency ratings throughout his period of service with no disciplinary actions or a commander's disqualification.  Therefore, it would be appropriate to award him the Army Good Conduct Medal (1st Award) and correct his DD Form 214 to show this medal.

2.  General orders show his unit in Vietnam was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation for a period while he was assigned to the unit which is not shown on his records.  Therefore, he is entitled to correction of his DD Form 214 to show this unit award.

3.  Special orders awarded him the following badges which are not shown on his DD Form 214.  Therefore, he is entitled to correction of his DD Form 214 to show these badges:

* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16)
* Marksman Marksmanship Qualification Badge with Grenade Launcher Bar (M-79)
* Sharpshooter Marksmanship Qualification Badge with Machine Gun Bar (M-60)
* Sharpshooter Marksmanship Qualification Badge with Pistol Bar (.45 Caliber)

4.  The evidence of record shows he was awarded the Vietnam Service Medal.  Additionally, he participated in two campaigns while serving in the Republic of Vietnam.  Therefore, he is entitled to two bronze service stars to be affixed to the Vietnam Service Medal.

5.  With respect to the Air Assault Badge, there is no evidence in the applicant's records and he did not provide evidence of satisfactory completion of an air assault training course according to the U.S. Army Training and Doctrine Command standardized Air Assault Core Program of Instruction or completion of the standard Air Assault Course while assigned or attached to the 101st Airborne Division (Air Assault) after 1 April 1974.  Therefore, there is insufficient evidence to award him this badge.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____X____  ___X_____  ____X____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

_______  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined the evidence presented is sufficient to warrant a recommendation for partial 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 16 September 1970 through 23 March 1972; and

	b.  adding the following awards to his DD Form 214:

* Army Good Conduct Medal (1st Award)
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16)
* Marksman Marksmanship Qualification Badge with Grenade Launcher Bar (M-79)
* Sharpshooter Marksmanship Qualification Badge with Machine Gun Bar (M-60)
* Sharpshooter Marksmanship Qualification Badge with Pistol Bar (.45 Caliber)
* two bronze service stars to be affixed to his already-awarded Vietnam Service Medal

2.  The Board further determined the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to the Air Assault Badge.



      ______________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)                                         AR20120005191



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ABCMR Record of Proceedings (cont)                                         AR20120005191



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