IN THE CASE OF:	  

		BOARD DATE:	  24 October 2014

		DOCKET NUMBER:  AR20130003620 


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 the following corrections to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) with an effective date of 26 December 1969:

	a.  Change his rank and pay grade to staff sergeant (SSG)/pay grade E-6.

	b.  Add the following awards:

* Bronze Star Medal
* Combat Infantryman Badge

2.  The applicant states the above awards were not included on his DD Form 214. 

3.  The applicant provides:

* Headquarters, 101st Airborne Division Special Orders Number 159, dated 
8 June 1969
* a memorandum, dated 8 October 1969, from Headquarters, 2nd Battalion, 501st Airborne Infantry, 2nd Brigade, 101st Airborne Division (Airmobile), subject: Recommended List for Promotion of EM (enlisted members) (Corrected Copy)
* Headquarters, 101st Airborne Division (Airmobile) Special Orders Number 304, dated 31 October 1969
* page one of Headquarters, 101st Airborne Division (Airmobile) General Orders Number 1037, dated 3 February 1970
* his DD Form 214 

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 1 April 1968, he was inducted into the Army of the United States.  He completed basic combat and advanced individual training and he was awarded military occupational specialty 11B (Light Weapons Infantryman).

3.  Headquarters, U.S. Army Training Center, Fort Campbell, KY, Special Orders Number 126, dated 16 May 1968, awarded him the Sharpshooter Marksmanship Qualification Badge with Rifle Bar.

4.  Headquarters, U.S. Army Training Center, Infantry and Fort Polk, Fort Polk, LA, Special Orders Number 172, dated 8 July 1968, awarded him the Sharpshooter Marksmanship Qualification Badge with Machinegun Bar.

5.  He was assigned to the 2nd Battalion (Airmobile), 501st Infantry in the Republic of Vietnam from 12 April to 22 December 1969.

6.  Headquarters, 101st Airborne Division Special Orders Number 159, dated 
8 June 1969, awarded him the Combat Infantryman Badge.

7.  The applicant provided:

   a.  Special Orders Number 304, dated 31 October 1969, promoting him to the temporary rank of SSG, effective 7 October 1969.

   b.  General Orders Number 1037, dated 3 February 1970, awarding him the Bronze Star Medal.
8.  Headquarters, U.S. Army Personnel Center, Fort Lewis, WA Special Orders Number 360, dated 26 December 1969, relieved the applicant from active duty not by reason of physical disability and transferred him to the U.S. Army Reserve Control Group (Annual Training).  These orders identify him as a SSG and his Reserve grade is shown to be SSG.

9.  His DD Form 214 contains the following entries:

* Item 5a (Grade, Rate, or Rank) - SGT (T) (sergeant (temporary))
* Item 5b (Pay Grade) - E-5
* Item 5c (Date of Rank) - 12 November 1968

10.  His DD Form 214 shows he was awarded the:

* National Defense Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* Vietnam Service Medal
* Army Commendation Medal
* Parachutist Badge
* Meritorious Unit Commendation (Army) 

11.  There is no evidence the applicant was disqualified by his chain of command from receiving the Army Good Conduct Medal.  The available evidence does not show any indiscipline or lost time.  His records do not contain any adverse information.  His records show he received "excellent" conduct and efficiency ratings throughout his period of service.

12.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists campaign participation credit, assault landing credit, unit citation emblems awarded during the Vietnam Conflict.  This pamphlet shows that, during the time of the applicant’s assignment to the 2nd Battalion (Airmobile), 501st Infantry the unit was awarded the:

* Presidential Unit Citation (Army) for the period 10 - 21 May 1969
* Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 15 August 1968 - 14 May 1969
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 18 March 1968 - 2 May 1970




13.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards.

	a.  Based on his dates of service in Vietnam, Table B-1 (Campaigns, Service Requirement, and Inscriptions Prescribed for Streamers) shows he served in the:

* Tet 69 Counteroffensive, 1969 Campaign (23 February 1969 - 8 June 	1969)
* Vietnam Summer - Fall 1969 Campaign (9 June 1969 - 31 October 	1969)
* Vietnam Winter - Spring 1970 Campaign (1 November 1969 - 30 April 	1970)

	b.  The award of a bronze service star is authorized based on qualifying service for each campaign listed in Table B-1 of this regulation.  Authorized service stars will be worn on the appropriate campaign and service medal, which in this case is the Vietnam Service Medal.  

14.  Army Regulation 672-5-1 (Awards), in effect at the time, stated the Army Good Conduct Medal was awarded to individuals who completed a qualifying period of active duty enlisted service.  It 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, 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.

DISCUSSION AND CONCLUSIONS:

1.  Based on the promotion orders provided by the applicant and his orders for release from active duty, there is sufficient evidence to show there was an error when entering his rank and pay grade on his DD Form 214.  Therefore, his 
DD Form 214 should be corrected to show his rank/pay grade as SSG/pay
grade E-6 with an effective date of rank as 7 October 1969.

2.  Orders show he was awarded the Bronze Star Medal, the Combat Infantryman Badge, and the Sharpshooter Marksmanship Qualification Badge with Rifle and Machinegun Bars.  Therefore, these awards should be added to his DD Form 214.

3.  The applicant's records do not show any indiscipline or lost time, he received "excellent" conduct and efficiency ratings throughout his period of military service, and there is no record of a commander's disqualification.  He was awarded an Army Commendation Medal and a Bronze Star Medal and he was promoted to SSG.  Therefore, the preponderance of evidence shows the applicant is entitled to the Army Good Conduct Medal (1st Award) based on completion of qualifying service from 1 April 1968 - 26 December 1969, ending with termination of a period of active Federal service.

4.  Based on his service with the 2nd Battalion (Airmobile), 501st Infantry in the Republic of Vietnam he is authorized the:

* Presidential Unit Citation (Army)
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation

5.  He participated in three campaigns in the Republic of Vietnam.  Therefore, he is entitled to three bronze service stars to be worn on his Vietnam Service Medal.

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 
1 April 1968 - 26 December 1969; and

	b.  amending his DD Form 214 as follows:

* Item 5a - delete "SGT (T)" and enter "staff sergeant (temporary)"
* Item 5b - delete "E-5" and enter "E-6"
* Item 5c - delete "12 NOV 68" and enter "7 October 1969"
* Delete the Vietnam Service Medal
* Add the following awards:

   * Bronze Star Medal
   * Army Good Conduct Medal (1st Award)
   * Presidential Unit Citation (Army)
   * Vietnam Service Medal with 3 bronze service stars
   * Combat Infantryman Badge
   * Sharpshooter Marksmanship Qualification Badge with Rifle and 				Machinegun Bars
   * 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)                                         AR20130003620



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ABCMR Record of Proceedings (cont)                                         AR20130003620



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