IN THE CASE OF:	  

		BOARD DATE:	  25 April 2013

		DOCKET NUMBER:  AR20120019111 


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, on two separate applications, correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Expert Marksmanship Qualification Badge with Rifle Bar (M-14) and the Marksman Marksmanship Qualification Badge with Rifle Bar (M-16).

2.  The applicant states the unit award was never recorded in his DD Form 214 because the citation never followed him back to Fort Bliss, TX.  He adds that he qualified as "expert" with the M-14 rifle during basic training and he later qualified as "marksman" with the M-16 rifle but his DD Form 214 only shows the entry "Marksman (Rifle)."

3.  The applicant provides a DD Form 214, DA Form 2496-1(Disposition Form), Honorable Discharge Certificate, and three sets of orders pertaining to reassignments and promotion.

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 enlisted in the Regular Army on 13 March 1968.  He was awarded military occupational specialty 31B (Field Radio Mechanic) upon completion of initial entry training.

3.  Special Orders Number 82, issued by HQ, First Basic Combat Training Brigade, Fort Ord, CA, dated 1 May 1968, awarded him the Expert Marksmanship Qualification Badge with Rifle Bar (M-14).

4.  His DA Form 20 (Enlisted Qualification Record) shows in:

* item 31 (Foreign Service), he served in Vietnam from 22 September 1968 through 12 September 1969
* item 38 (Record of Assignments), he served with 1st Battalion, 40th Artillery while in Vietnam 
* item 38, he received all "excellent" conduct and efficiency ratings throughout his active duty service

5.  Special Orders Number 99, issued by HQ, 8th Battalion, 7th Artillery, Fort Bliss, TX, dated 8 July 1970, awarded him the Marksman Marksmanship Qualification Badge with Rifle Bar (M-16).

6.  His record is void of any other derogatory information or a unit commander's disqualification that would have precluded him from being recommended for or awarded the first award of the Army Good Conduct Medal.

7.  He was honorably released from active duty and transferred to the U.S. Army Reserve on 12 March 1971 after completing three years of active duty service.  His DD Form 214 shows he was awarded or authorized the following:

* National Defense Service Medal
* Vietnam Service Medal with four bronze service stars
* Vietnam Campaign Medal with Device 1960
* Army Commendation Medal
* Marksman (Rifle)

8.  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.  

9.  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 that during his assignment to 1st Battalion, 
40th Artillery, it was cited for award of the Meritorious Unit Commendation for the period 6 June 1968 through 30 April 1969 by Department of the Army General Orders (DAGO) Number 39, dated 1970.

10.  DAGO Number 8, dated 1974, announced award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to Headquarters, U.S. Military Assistance Command and its subordinate units during the period 8 February 1962 to 
28 March 1973 and to Headquarters, U.S. Army Vietnam and its subordinate units during the period 20 July 1965 to 28 March 1973.

DISCUSSION AND CONCLUSIONS:

1.  His unit of assignment in Vietnam was cited for award of the Meritorious Unit Commendation during his period of assignment to this unit.  Additionally, all units that served in Vietnam were awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  Therefore, his DD Form 214 should be corrected to show these unit awards.

2.  Special orders confirm he earned the Expert Marksmanship Qualification Badge with Rifle Bar (M-14) and the Marksman Marksmanship Qualification Badge with Rifle Bar (M-16).  Therefore, his DD Form 214 should be corrected to show both badges.

3.  The evidence of record confirms he received all "excellent" conduct and efficiency ratings throughout his active duty service and his record is void of any derogatory information or a commander's disqualification that would have precluded him from being awarded the Army Good Conduct Medal.  Therefore, it would be appropriate to award him the first award of the Army Good Conduct Medal for the period 13 March 1968 through 12 March 1971 and to correct his DD Form 214 to show this award.

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:

	a.  awarding him the Army Good Conduct Medal (1st Award) for the period 
13 March 1968 through 12 March 1971;

	b.  deleting from his DD Form 214 the entry "Marksman (Rifle)"; and

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

* Army Good Conduct Medal
* Expert Marksmanship Qualification Badge with Rifle Bar (M-14)
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-16)
* Meritorious Unit Commendation
* Republic of Vietnam Gallantry Cross with Palm Unit Citation




      ___________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)                                         AR20120019111



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ABCMR Record of Proceedings (cont)                                         AR20120019111



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