BOARD DATE:   15 August 2013

		DOCKET NUMBER:  AR20130000989


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 he was awarded the Air Medal and the Army Commendation Medal (First Oak Leaf Cluster).  

2.  The applicant states that he has paperwork showing he was awarded the medals but they are not listed on his DD Form 214.  He needs his DD Form 214 to be corrected so he can obtain replacement medals.

3.  The applicant provides copies of his: 

* DD Form 214
* Army Commendation Medal (First Oak Leaf Cluster) orders and citation
* Air Medal orders and citation

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 7 January 1969.  He held military occupational specialty 11B (Light Weapons Infantryman).

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

	a.  item 31 (Foreign Service) he served in Vietnam from 29 May 1969 through 25 April 1970,

	b.   item 38 (Record of Assignments) that he was assigned in Vietnam from 
2 June 1969 through 21 April 1970 to Company B, 3d Battalion, 7th Infantry, 199th Infantry Brigade; and 

4.  All his conduct and efficiency ratings were "excellent," with the exception of the period 2-15 June 1969 which are marked as "UNKNOWN."

5.  The applicant's DD Form 214 shows he was honorably released from active duty on 6 January 1971, as a sergeant/E-5.  He had completed 2 years of 
active duty service.  

6.  His DD Form 214 shows his authorized awards as the National Defense Service Medal, Army Commendation Medal, Vietnam Service Medal with two bronze service stars, Vietnam Campaign Medal with Device (1960), Combat Infantryman Badge, two Overseas Service Bars, Expert Marksmanship Qualification Badge with Rifle Bar (M-14), and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16).

7.  He provided copies of the orders for Army Commendation Medal (First Oak Leaf Cluster) and the Air Medal.  

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.  Ratings of "Unknown" for portions of the period under consideration were not disqualifying.  There must have been no convictions by a court-martial.  

9.  Army Regulation 600-8-22 (Military Awards) contains the regulatory guidance for the Vietnam Service Medal.  It states a bronze service star is authorized with this award for each Vietnam campaign.  During his service in Vietnam, the applicant participated in the following three campaigns:  

* Tet 69/Counteroffensive – 23 February-8 June 1969
* Summer-Fall 1969 – 9 June-31 October 1969
* Winter-Spring 1970 – 1 November 1969-30 April 1970

10.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in the Republic of Vietnam.  This pamphlet shows that the 3d Battalion, 7th Infantry was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 19 June 1968-31 July 1970 by Department of the Army General Orders Number 51, dated 1971, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 12 December 1966-31 August 1970 by DAGO Number 51, dated 1971.

DISCUSSION AND CONCLUSIONS:

1.  General orders show the applicant was awarded the Air Medal and the Army Commendation Medal (First Oak Leaf Cluster).

2.  The available evidence clearly shows he distinguished himself in the performance of his military service as evidenced by his “excellent” conduct and efficiency ratings, honorable release from active duty, advancement to sergeant, and receipt of three personal decorations.  There is no evidence of a commander's disqualification for the first award of the Army Good Conduct Medal.  It is presumed that his not receiving the first award of the Army Good Conduct Medal for his service was an oversight.  Therefore, he should be awarded the first award of the Army Good Conduct Medal.

3.  Records show he also participated in three campaign periods during his service in the Vietnam.  Therefore, he is entitled to three bronze service stars for wear on his already-awarded Vietnam Service Medal.

4.  During the applicant's service in Vietnam his units were cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation. 

5.  His DD Form 214 should be corrected to show these awards.


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 Army Good Conduct Medal (1st Award) for the period 7 January 1969 to 6 January 1971; and 

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

* Air Medal
* Army Commendation Medal (2nd Award)
* Army Good Conduct Medal (1st Award)
* three bronze service stars for wear on his already-awarded Vietnam Service Medal
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal First Class 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)                                         AR20100025029



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ABCMR Record of Proceedings (cont)                                         AR20130000989



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