BOARD DATE:	  24 January 2013

		DOCKET NUMBER:  AR20120012556 


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 to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show all the awards he is entitled to.

2.  He states his DD Form 214 does not show all of the awards he is entitled to.

3.  He provides:

* Army Commendation Medal with “V” Device orders
* DD Form 214
* DA Form 1577 (Authorization for Issuance of Awards)

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 military record shows he was inducted into the Army of the United States on 24 July 1968.  He completed training and was awarded military occupational specialty 11B (Light Weapons Infantryman).  

3.  Special orders (SO) issued by Headquarters, U.S. Army Training Center, Fort Lewis, WA, on 10 September and 7 November 1968, awarded him the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14) and Marksman Marksmanship Qualification Badge with Rifle Bar (M-16).

4.  On 29 November 1968, he was found qualified for the Sharpshooter Marksmanship Qualification Badge with Machine Gun Bar (M-60).

5.  He served in Vietnam from 17 December 1968 through 15 December 1969 during four campaigns.  He was assigned to the following units:

* 26 December 1968 to 8 February 1969 – B Battery, 2nd Battalion, 4th Artillery, 5th Infantry Division
* 9 February to 8 September 1969 – C Battery, 5th Battalion, 4th Artillery, 5th Infantry Division
* 9 September to 1 November 1969 – Company A, 1st Battalion, 61st Infantry, 5th Infantry Division
* 2 November 1969 through 15 December 1970 – patient status

6.  He was promoted to pay grade E-4 on 15 March 1969.

7.  On 28 August 1969, he accepted nonjudicial punishment (NJP) under Article 15, Uniform Code of Military Justice, for being found sleeping on his sentinel post.  

8.  Unit Orders Number 38, issued by C Battery, 5th Battalion, 4th Artillery, on 30 August 1969, reduced him to pay grade E-2 for misconduct.

9.  General Orders (GO) Number 376 issued by Headquarters, 1st Infantry Brigade, 5th Infantry Division, on 31 March 1970, awarded him the Army Commendation Medal with "V" Device for heroism in connection with military operations against a hostile force in Vietnam on 13 November 1969.

10.  He was honorably released from active duty in pay grade E-2 on 30 April 1970 and was transferred to the U.S. Army Reserve Control Group (Annual Training).  He was credited with completing 1 year, 9 months, and 7 days of active service and no time lost.   His DD Form 214 lists:


* National Defense Service Medal
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal with Device 1960
* Purple Heart

11.  He provides a copy of a DA Form 1577, dated 24 August 1990, which shows he was authorized the:

* Army Good Conduct Medal
* Valorous Unit Emblem (now the Valorous Unit Award)
* National Defense Service Medal
* Vietnam Service Medal with four bronze service stars
* Republic of Vietnam Campaign Medal with Device 1960
* Sharpshooter Marksmanship Qualification Badge with Machine Gun and Rifle Bars
* Marksman Marksmanship Qualification Badge with Rifle Bar
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation

12.  Army Regulation 600-8-22 (Military Awards) authorizes a bronze service star based on qualifying service for each campaign listed in appendix B and states that authorized bronze service stars will be worn on the appropriate campaign or service medal, including the Vietnam Service Medal.

13.  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 his unit, the 2nd Battalion, 4th Artillery, was cited for the:

* Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period an-June 1969, by Department of Army General Orders (DAGO) Number 59, dated 1969.
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period Jan-June 1969, by DAGO Number 59, dated 1969.

14.  Department of the Army Pamphlet 672-3 also shows the 1st Battalion, 61st Infantry, was cited for the Valorous Unit Award for the period 11-15 November 1969, by DAGO Number 52, dated 1974.

DISCUSSION AND CONCLUSIONS:

1.  SO awarded the applicant the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14) and the Sharpshooter Marksmanship Qualification Badge with Machine Gun Bar (M-60). Therefore, he is entitled to correction to his DD Form 214 to show these badges. 

2.  The evidence of record shows he was qualified marksman with the M-16 rifle. Therefore, he is entitled to award of the Marksman Marksmanship Qualification Badge with Rifle Bar (M-16) and correction of his DD Form 214 to show this badge.

3.  GO awarded him the Army Commendation Medal with "V" which is not shown on his DD Form 214.  Therefore, he is entitled to correction to his DD Form 214 to show this award.

4.  He served in Vietnam during four campaigns.  Therefore, he is entitled to the addition of four bronze service stars to be affixed to his already-awarded Vietnam Service Medal and their addition to his DD Form 214.

5.  GO awarded his unit the Republic of Vietnam Gallantry Cross with Palm Unit Citation and Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.  Therefore, DD Form 214 should be corrected to show these unit awards.

6.  With regard to the Army Good Conduct Medal listed on the DA Form 1577, the evidence of record shows he was punished under Article 15 for acts of misconduct.  He was not again promoted and was discharged in pay grade E-2.  His record indicates a lack of good conduct, efficiency, and/or fidelity during what would have been the period for award of the Army Good Conduct Medal.  He is therefore not entitled to award of the Army Good Conduct Medal (1st Award) or to have it added to his DD Form 214.

7.  With regard to the Valorous Unit Award listed on the DA Form 1577, the evidence of record shows he was in a patient status during the period his unit was cited for this award.  Therefore, he is not entitled to his award and its addition to his DD Form 214.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___X_____  __X_____  ___X__  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was 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:

* deleting from his DD Form 214 the Vietnam Service Medal
* adding to his DD Form 214 the:

* Army Commendation Medal with "V" Device
* Vietnam Service Medal with four bronze service stars
* Sharpshooter Marksmanship Qualification Badge with Machine Gun bar (M-60)
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-16) 
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation 
* Republic of Vietnam Gallantry Cross with Palm Unit Citation

2.  The Board further determined that 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 following:

* Awarding him the Army Good Conduct Medal (1st Award)
* Adding to his DD Form 214 the Army Good Conduct Medal and Valorous Unit Award



      _______ _  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)                                         AR20120012556



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ABCMR Record of Proceedings (cont)                                         AR20120012556



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