IN THE CASE OF:	  

		BOARD DATE:	  7 May 2013

		DOCKET NUMBER:  AR20120018767 


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 Air Medal.

2.  The applicant states he was awarded the Air Medal after he returned from Vietnam but it is not listed on his DD Form 214.

3.  The applicant provides an Air Medal citation for the period 30 January 1971 to 9 May 1972.

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 18 March 1971 and he held military occupational specialty 11B (Light Weapons Infantryman). 

3.  His record contains a DA Form 20 (Enlisted Qualification Record) that shows in:

* item 29 (Qualifications in Arms) he qualified sharpshooter with the M-16 rifle in April 1971
* item 38 (Record of Assignments) he received all "excellent" conduct and efficiency ratings through his service

4.  During his service in Vietnam from 17 August 1971 to 8 June 1972, he was assigned to:

* Company C, 1st Battalion, 52nd Infantry from 1 September through
14 October 1971
* Company D, 3rd Battalion, 21st Infantry from 15 October 1971 through
8 June 1972

5.  General Orders Number 02800, issued by the same headquarters, dated 17 June 1972, awarded him the Air Medal for meritorious achievement while participating in aerial flight in Vietnam from 30 January 1971 to 9 May 1972.

6.  On 14 August 1972, at Fort Meade, MD, the applicant accepted nonjudicial punishment (NJP) under the provisions of Article 15, Uniform Code of Military Justice (UCMJ) for failing to obey a lawful command by not keeping his weapon in his possession at all times on 8 August 1972.  

7.  On 16 March 1973, he was honorably released from active duty at the expiration of his term of service in the rank/grade of specialist four (SP4)/E-4.  He completed 1 years, 11 months, and 29 days of total active service with no time lost.  The DD Form 214 he was issued at the time shows he was awarded or authorized the:

* Army Commendation Medal
* National Defense Service Medal
* Vietnam Service Medal
* Combat Infantryman Badge
* Two overseas service bars

8.  Army Regulation 600-8-22 (Military Awards), paragraph 2-13, 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, the applicant participated in the following three campaigns:

* Consolidation I (1 July - 30 November 1971)
* Consolidation II (1 December 1971 - 29 March 1972)
* Vietnam Ceasefire Campaign (30 March 1972 - 28 January 1973)

9.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) was published to assist commanders and personnel officers in determining or establishing the eligibility of Soldiers for campaign participation credit, assault landing credit, and unit citation badges awarded during the Vietnam Conflict.  Paragraph 6d states Department of the Army General Orders Number 8, dated 1974, announced award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to Headquarters, U.S. Army Vietnam, and its subordinate units, during the period 20 July 1965 to 28 March 1973.

10.  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.

DISCUSSION AND CONCLUSIONS:

1.  General orders awarded the applicant the Air Medal for his service in Vietnam.  Therefore, his DD Form 214 should be corrected to show these awards.

2.  He participated in three campaigns while serving in Vietnam that entitles him to three bronze service stars for wear on his already-awarded Vietnam Service Medal.  Therefore, his DD Form 214 should be corrected to show these bronze service stars.

3.  All units in Vietnam were cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation during his period of assignment.  Therefore, his
DD Form 214 should be corrected to show this unit award.

4.  The applicant served honorably during the period 18 March 1971 through
16 March 1973.  He served in Vietnam, attained the rank/grade of SP4/E-4, and he received all "excellent" conduct and efficiency ratings throughout his service.  Aside from the minor NJP action on file, there are no other derogatory or disciplinary actions, or a commander's disqualification that would have precluded him from being recommended for or awarded the first award of the Army good Conduct Medal.  Therefore, it would be appropriate at this time to award him Army Good Conduct Medal (1st Award) based on completion of qualifying service ending with the termination of a period of Federal military service and to correct DD Form 214 to show this award.

5.  He qualified sharpshooter with the M-16 rifle in April 1971.  Therefore, his
DD Form 214 should be corrected to show the appropriate marksmanship badge.

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:

* deleting from his DD Form 214 the Vietnam Service Medal
* awarding him the Army Good Conduct Medal (1st Award) for the period
18 March 1971 through 16 March 1973
* adding to his DD Form 214 the:

* Air Medal
* Army Good Conduct Medal (1st Award)









* Vietnam Service Medal with three bronze service stars
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Sharpshooter 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)                                         AR20120018767



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ABCMR Record of Proceedings (cont)                                         AR20120018767



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