BOARD DATE:	  26 September 2013

		DOCKET NUMBER:  AR20130002150 


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, in effect, correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show the:

* Combat Infantryman Badge (CIB)
* Republic of Vietnam (RVN) Campaign Medal with Device (1960)
* Army Commendation Medal (ARCOM).

2.  He states he was awarded these awards, but they do not appear on his
DD Form 214.

3.  He provides his DD Form 214 and ARCOM certificate 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 was inducted into the Army of the United States on 25 July 1969.  He served in the RVN from 7 July 1970 to 5 July 1971 and was assigned to Company A, 2nd Battalion, 501st Infantry Regiment.  He served 1 year, 11 months, and 13 days on active duty with no lost time and achieved the rank of sergeant.  He was honorably released from active duty on 7 July 1971.

3.  His DD Form 214 shows the following:

* National Defense Service Medal
* Vietnam Service Medal (VSM) 
* Air Medal
* Marksman Marksmanship Qualification Badge with Rifle Bars (M-16 and M-14)

4.  Headquarters, 101st Airborne Division (Airmobile), Special Orders Number 250, dated 7 September 1970, contained in his official military personnel records, show he was awarded the CIB effective 7 September 1970.

5.  Headquarters, 101st Airborne Division (Airmobile), Special Orders Number 675, dated 19 January 1971, contained in his official military personnel records, show he was awarded the ARCOM for the period 1 August 1970 to 31 December 1970.

6.  His DA Form 20 (Enlisted Qualification Record) shows he received all "excellent" conduct and efficiency ratings throughout his period of service.  There is no record of any Article 15s, courts-martial, or any type of adverse action in his available records.  There is also no record of a commander's disqualification for the Army Good Conduct Medal (AGCM).

7.  Item 41 (Awards and Decorations) of his DA Form 20 shows he was awarded the Sharpshooter Marksmanship Qualification Badge with Machine Gun Bar 
(M-60) by U.S. Army Training Center, Fort Polk, Special Orders Number 267.

8.  Army Regulation 600-8-22 (Military Awards) provides for award of the RVN Campaign Medal with Device (1960).  This medal was awarded by the Government of Vietnam to all members of the Armed Forces of the United States for qualifying service in the RVN during the period 1 March 1961 through 28 March 1973.  Qualifying service included assignment in the RVN for 6 months or more.  

9.  Army Regulation 672-5-1 (Awards) provided that the AGCM 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.

10.  Appendix B of Army Regulation 600-8-22 states a bronze service star is awarded for wear on the VSM for participation in each campaign.  Appendix B shows participation credit was awarded for the following campaigns coinciding with the applicant's service in Vietnam:

* Vietnam Counteroffensive Phase VII (1 July 1970 - 30 June 1971)
* Consolidation I (1 July 1971 - 30 November 1971)

11.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units that served in the Vietnam War.  This pamphlet shows the 2nd Battalion, 501st Infantry Regiment, to which he was assigned, was cited for RVN Gallantry Cross with Palm Unit Citation by Department of the Army General Orders Number 6, dated 1974.

DISCUSSION AND CONCLUSIONS:

1.  Orders awarded the applicant the CIB and the ARCOM.  Therefore, his DD Form 214 should be corrected to show these awards.

2.  The evidence of record shows the applicant served in Vietnam from 7 July 1970 to 5 July 1971.  Therefore, he served a period of qualifying service for award of the RVN Campaign Medal with Device (1960).

3.  The evidence of record shows the applicant received "excellent" conduct and efficiency ratings and he had no adverse actions or commander's disqualification for award of the AGCM.  Therefore, he is entitled to award of the AGCM (1st Award) for the period 25 July 1969 to 7 July 1971 and correction of his 
DD Form 214 to show this award.

4.  His DA Form 20 verifies that he was awarded the Sharpshooter Marksmanship Qualification Badge with Machine Gun Bar (M-60) and correction of his DD Form 214 to show this badge.

5.  The evidence of record shows he is entitled to wear the RVN Gallantry Cross with Palm Unit Citation.  Therefore, his DD Form 214 should be corrected to show this award.

6.  The evidence also shows he participated in two campaigns during his service in Vietnam.  Therefore, he is entitled to correction of his records to show two bronze service stars for wear on his already-awarded VSM.

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
25 July 1969 to 7 July 1971;

	b.  deleting from his DD Form 214 the Vietnam Service Medal; and 
   
c. adding to his DD Form 214:

* Combat Infantryman Badge
* Army Commendation Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* Army Good Conduct Medal (1st Award)
* Vietnam Service Medal with two bronze service stars
* Sharpshooter Marksmanship Qualification Badge with Machine Gun Bar (M-60)



      _______ _  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)                                         AR20130002150





3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20130002150



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1