BOARD DATE:	  9 October 2012

		DOCKET NUMBER:  AR20120006106 


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 Commendation Medal. 

2.  The applicant states he received the award but it is not listed on his DD Form 214. 

3.  The applicant provides his DD Form 214 and a certificate and general orders (GO) for award of the Army Commendation Medal.

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 9 October 1967 and he held military occupational specialty 11B (Light Weapons Infantryman).  He served in Vietnam from on or about 6 July 1968 to 28 June 1969.  He was assigned to Company C, 1st Battalion, 22nd Infantry, 4th Infantry Division. 

3.  He was honorably released from active duty in the rank/grade of sergeant (SGT)/E-5 on 4 July 1969.  He completed 1 year, 8 months, and 24 days of active service with no lost time.  His DD Form 214 shows the:

* National Defense Service Medal
* Vietnam Service Medal
* Vietnam Campaign Medal
* Two overseas service bars
* Combat Infantryman Badge
* Sharpshooter Marksmanship Qualification Badge with Machine Gun Bar (M-60)
* Expert Marksmanship Qualification Badge with Rifle Bar (M-16)

4.  GO Number 3601, issued by Headquarters, 4th Infantry Division, on 2 July 1969, awarded him the Army Commendation Medal for service from July 1968 to July 1969.

5.  Special Orders Number 277, issued by Headquarters, U.S. Army Training Center, Infantry, Fort Benning, GA, on 24 November 1967, awarded him the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14).

6.  A review of the applicant's service record shows he received nonjudicial punishment (NJP) on 13 April 1968 for failing to go at the time prescribed to his appointed place of duty.  However, aside from this NJP, there is no other derogatory information that would disqualify him for the first award of the Army Good Conduct Medal.  Additionally, item 38 (Record of Assignment) of his DA Form 20 (Enlisted Qualification Record) shows he received "excellent" conduct and efficiency ratings throughout his military service.

7.  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.

8.  Appendix B of Army Regulation 600-8-22 shows during his service in the Republic of Vietnam participation credit was awarded for the below campaigns. This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.  A silver service star denotes five bronze service stars:

* Vietnam Counteroffensive Phase IV, 2 April - 30 June 1968
* Vietnam Counteroffensive Phase V, 1 July - 1 November 1968
* Vietnam Counteroffensive Phase VI, 2 November 1968 - 22 February 1969
* Tet 69/Counteroffensive, 23 February - 8 June 1969
* Vietnam Summer - Fall 1969, 9 June - 31 October 1969

9.  DAGO Number 54, dated 1974, awarded the 1st Battalion, 22nd Infantry, the Republic of Vietnam Gallantry Cross with Palm Unit Citation for service from        1 August 1965 to 16 April 1971 and DAGO Number 53, dated 1970, awarded it the Republic of Vietnam Civil Actions Honor Medal with First Class Unit Citation for service from 1 October 1966 to 31 October 1969.

DISCUSSION AND CONCLUSIONS:

1.  GOs awarded the applicant the Army Commendation Medal during his service in Vietnam.  He should be entitled to listing it on his DD Form 214. 

2.  The applicant served honorably during the period 9 October 1967 through 4 July 1969.  He completed a combat tour in Vietnam, received "excellent" conduct and efficiency ratings throughout his military service, and attained the rank/grade of SGT/E-5.  Aside from one instance of NJP for a minor infraction, his records do not contain any derogatory information that would have disqualified him from receiving his first award of the Army Good Conduct Medal.  Therefore, it would be appropriate to award him the first award of the Army Good Conduct Medal based on completion of a qualifying period of Federal military service and correct his DD Form 214 to show his medal.

3.  SOs awarded him the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14) which is not shown on his DD Form 214.  Therefore, he is entitled to correction of his DD Form 214 to show this badge. 

4.  DAGO awarded his unit of assignment in Vietnam the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation; therefore, he is entitled to correction of his records to show these unit awards.
5.  The evidence of record shows the applicant was awarded the Vietnam Service Medal.  Additionally, he participated in five campaigns while serving in the Republic of Vietnam; therefore, he is entitled to a silver service star to be affixed to his already-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 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:

* awarding him the Army Good Conduct Medal (1st Award) for exemplary behavior, efficiency, and fidelity during the period 9 October 1967 through 4 July 1969
* deleting from his DD Form 214 the Vietnam Service Medal and adding:

* Army Good Conduct Medal (1st Award)
* Army Commendation Medal
* Vietnam Service Medal with one silver service star
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation
* 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)                                         AR20120006106





3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20120006106



4


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1