IN THE CASE OF:	  

		BOARD DATE:	  13 June 2013

		DOCKET NUMBER:  AR20120019381 


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 award of the Air Medal (AM).

2.  The applicant states he was awarded the AM on 16 July 1971 while serving in Company C, 2d Battalion (Airmobile), 502d Infantry, Republic of Vietnam (RVN).

3.  The applicant provides:

* Congressional correspondence
* DD Form 214
* General Orders Number 7424, Headquarters, 101st Airborne Division (Airmobile), dated 16 July 1971
* AM Certificate

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.  On 6 August 1970, the applicant was inducted into the Army of the United States.  After completing initial entry training, he was awarded military occupational specialty 11B (Light Weapons Infantryman) and assigned for duty in the RVN.

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

* item 31 (Foreign Service), service in the RVN from 7 January 1971 to 6 January 1972
* item 38 (Record of Assignments), assignment to –

*	Company D, 3d Battalion (Airmobile), 506th Infantry, for the period 22 January to 3 May 1971 
*	Company C, 2d Battalion (Airmobile), 502d Infantry, for the period 4 May to 12 December 1971

* item 38, he received all "excellent" conduct and efficiency ratings

4.  Headquarters, U.S. Army Training Center-Infantry and Fort Lewis, Fort Lewis, WA, issued the following special orders (SO):

* SO Number 296, dated 23 October 1970, awarding him the Expert Marksmanship Qualification Badge with Grenade Bar (M-79)
* SO Number 320, dated 29 October 1970, awarding him the Sharpshooter Marksmanship Qualification Badge with Pistol Bar (.45 Caliber)
* SO Number 309, dated 5 November 1970, awarding him the First Class Gunner (now known as Sharpshooter) Qualification Badge with Machine Gun Bar (M-60)
* SO Number 314, dated 10 November 1970, awarding him the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16)

5.  General Orders Number 7424, Headquarters, 101st Airborne Division (Airmobile), dated 16 July 1971, awarded the applicant the AM for the period 7 January to 17 June 1971.

6.  On 7 February 1972, he was honorably released from active duty after completing 1 year, 6 months, and 1 day of total active service.  His DD Form 214 shows he was awarded or authorized the:

* National Defense Service Medal
* VSM
* RVN Campaign Medal with Device (1960)
* Bronze Star Medal
* Combat Infantryman Badge
* one overseas service bar

7.  A review of his records indicate he is entitled to additional awards which are not shown on his DD Form 214.

8.  His records are void of documentation showing he was the subject of any disciplinary actions.

9.  Army Regulation 672-5-1 (Awards), in effect at the time, stated the Army Good Conduct Medal (AGCM) was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940; for the 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.  There must have been no convictions by a court-martial.

10.  Army Regulation 600-8-22 (Military Awards) states the VSM is awarded to all members of the Armed Forces of the United States for qualifying service in Vietnam after 3 July 1965 through 28 March 1973.  This same regulation states a bronze service star will be awarded for wear on the VSM for participation in each credited campaign.  Appendix B shows that during his service in Vietnam, participation credit was awarded for the following three campaigns:

* Vietnam Counteroffensive Phase VII (1 July 1970-30 June 1971)
* 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) lists the awards received by units serving in Vietnam.  This pamphlet shows the units to which the applicant was assigned were each cited for award of the RVN Gallantry Cross with Palm Unit Citation for the period 1 March to 9 October 1971 by Department of the Army General Order Number 6, dated 1974.  This regulation also states not more than one RVN Gallantry Cross Unit Citation will be worn by any individual.  Although multiple awards of this unit citation are not authorized for wear, official military and historical records will indicate all awards received.  However, in the case of duplicate awards covering the same period of time, only one award will be recorded in official military and historical records.

12.  Army Regulation 670-1 (Uniforms and Insignia) governs the requirements for the overseas service bar.  For Vietnam service, one overseas service bar was authorized for each period of 6 months of active Federal service as a member of a U.S. Service in Vietnam from 1 July 1958 to 28 March 1973.  Both the month of arrival and the month of departure from Vietnam were counted as whole months for credit toward the overseas service bar.

13.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It establishes standardized policy for preparation of the DD Form 214.  It states to list awards and decorations in priority sequence as specified in Army Regulation 600-8-22 and that each entry will be verified by the Soldier's record.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request for correction of his DD Form 214 to show award of the AM was carefully considered.

2.  General orders awarded the applicant the AM, and the RVN Gallantry Cross with Palm Unit Citation to the units (but covering the same period of time) to which he was assigned in the RVN; therefore, he is entitled to correction of his DD Form 214 to show these awards.

3.  Special orders awarded the applicant the following badges; therefore, he is entitled to correction of his DD Form 214 to show these badges:

* Expert Marksmanship Qualification Badge with Grenade (M-79) Bar
* Sharpshooter Marksmanship Qualification Badge with Pistol (.45 caliber), Rifle (M-16), and Machine Gun (M-60) Bars

4.  The applicant was awarded the VSM and the evidence shows he participated in three campaigns during his service in the RVN.  Therefore, he is entitled to award of three bronze service stars to be affixed to his previously-awarded VSM and correction of his DD Form 214 to show this medal with three bronze service stars.

5.  The evidence of record shows he completed a period of honorable service during which he received all "excellent" conduct and efficiency ratings and had no convictions by a court-martial.  Additionally, there is no evidence that he was disqualified by his chain of command from receiving the AGCM.  Therefore, he should be awarded the AGCM (1st Award) for the period 6 August 1970 through 7 February 1972 and his DD Form 214 should be corrected to show this award.

6.  The applicant served a qualifying period of service for award of two overseas service bars; therefore, his DD Form 214 should be corrected to show two overseas service bars.

BOARD VOTE:

____X____  ___X_____  ___X____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined the evidence presented Is 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 AGCM (1st Award) for the period 6 August 1970 through 7 February 1972 and

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

* AM
* AGCM
* RVN Gallantry Cross with Palm Unit Citation
* Expert Marksmanship Qualification Badge with Grenade Bar
* Sharpshooter Marksmanship Qualification Badge with Pistol, Rifle, and Machine Gun Bars








* three bronze service stars for wear on his previously-awarded VSM
* two overseas service bars



      _____________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)                                         AR20120019381



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20120019381



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1