IN THE CASE OF:	  

		BOARD DATE:	  7 November 2013

		DOCKET NUMBER:  AR20130003679 


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 (Report of Transfer or Discharge) to show his award of the Air Medal.

2.  The applicant states he was awarded the medal but it was not included on his DD Form 214.

3.  The applicant provides:

* DD Form 214
* Air Medal Certificate, dated 19 January 1970

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 6 May 1968.  He completed training and he was awarded military occupational specialty 11H (Infantry Direct Fire Crewman).

3.  Special orders awarded the applicant the following marksmanship badges:

	a.  Special Orders Number 184, issued by Headquarters, U.S. Army Training Center, Fort Campbell, KY, dated 23 July 1968, awarded him the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14).

	b.  Special Orders Number 213, issued by Headquarters, 1st Advanced Individual Training Brigade, Fort Dix, NJ, dated 10 September 1968, awarded him the Marksman Marksmanship Qualification Badge with Pistol Bar
(.45 caliber).

	c.  Special Orders Number 226, issued by the same headquarters, dated
25 September 1968, awarded him the 2nd Class Gunner (Marksman Marksmanship Qualification Badge) with Mortar Bar (90mm).

4.  General Orders Number 1189, issued by Headquarters, 1st Cavalry Division, dated 19 January 1970, awarded him the Air Medal for meritorious achievement while participating in aerial flight in Vietnam for the period July 1969 to January 1970.

5.  On 16 April 1970, he was honorably released from active duty as an overseas returnee and he was transferred to the U.S. Army Reserve (USAR) Control Group (Annual Training) to complete his remaining service obligation.  He completed 1 year, 11 months, and 11 days of total active service.  He attained the rank/grade of specialist four (SP4)/E-4.  His DD Form 214 shows he served in Vietnam from 13 April 1969 to 15 April 1970.  It further shows he was awarded or authorized the:

* Bronze Star Medal
* Army Commendation Medal
* National Defense Service Medal
* Vietnam Service Medal


* Republic of Vietnam Campaign Medal with Device (1960)
* Combat Infantryman Badge

6.  His record contains a DA Form 20 (Enlisted Qualification Record) that shows in:

	a.  item 38 (Record of Assignments) he was assigned to the following units in Vietnam:

* Company E, 2nd Battalion, 505th Infantry from 17 June 1969 through 20 October 1969
* Company A, 2nd Battalion, 7th Cavalry, 1st Cavalry Division from
21 October 1969 to 8 April 1970

	b.  item 38 he received all "excellent" conduct and efficiency ratings throughout his service.

7.  There is no evidence of any derogatory information or a commander's disqualification that would have precluded him from being recommended for or awarded the first award of the Army Good Conduct Medal.

8.  Army Regulation 600-8-22 (Military Awards) provides Department of the Army policy, criteria, and administrative instructions concerning individual military decorations, service medals and ribbons, combat and special skill badges, unit decorations, and similar devices awarded in recognition of accomplishments.

	a.  Paragraph 2-13 contains the regulatory guidance on the Vietnam Service Medal.  It states a bronze service star is authorized with this award for each Vietnam campaign a member is credited with participating in.  Appendix B shows that during his service in Vietnam, the applicant participated in the following three campaigns:

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

	b.  The qualification badge is awarded to indicate the degree – Expert, Sharpshooter, and Marksman -- in which an individual has qualified in a 


prescribed record course.  An appropriate bar is furnished to denote each weapon with which the individual has qualified.

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 the applicant's units were cited for the following awards as indicated:

	a.  2nd Battalion, 505th Infantry, the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 6 October 1968 through 11 November 1969 by Department of the Army General Order (DAGO) Number 43, dated 1970.

	b.  2nd Battalion, 7th Cavalry, 1st Cavalry Division:

* Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period May 1969 through February 1970 by DAGO Number 11, dated 1973
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 1 January 1969 through 1 February 1970 by DAGO Number 42, dated 1972

10.  Paragraph 6 (Miscellaneous Information) of this pamphlet further states that not more than one award of the Republic of Vietnam Gallantry Cross Unit Citation may be worn by any individual.  Although wear of multiple awards of this unit citation badge is not authorized, official military personnel and historical records will indicate all awards received.

DISCUSSION AND CONCLUSIONS:

1.  General orders awarded him the Air Medal during his service in Vietnam.  Therefore, his DD Form 214 should be corrected to show this award.

2.  The applicant distinguished himself as evidenced by his combat service, conduct and efficiency ratings, personal decorations, and his promotion to SP4/E-4.  His record does not contain any derogatory information or a commander's disqualification that would have precluded him from being awarded the first award of the Army Good Conduct Medal.  Therefore, it would be appropriate at this time to award him the Army Good Conduct Medal (1st Award) for the period 6 May 1968 through 16 April 1970 and to correct his DD Form 214 to show this award.


3.  The applicant participated in three campaigns during his service in Vietnam that entitles him to three bronze service stars for wear on his already-awarded Vietnam Service Medal.  Therefore, his DD Form 214 should be corrected to show these bronze service stars.

4.  The applicant's units in Vietnam were cited for two awards of the Republic of Vietnam Gallantry Cross with Palm Unit Citation and one award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation during his period of assignment.  Therefore, his DD Form 214 should be corrected to show these unit awards.

5.  The applicant qualified with the M-14 rifle, .45 caliber pistol, and the 90mm mortar.  Therefore, his DD Form 214 should be corrected to show the appropriate marksmanship qualification badges.

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.  deleting from his DD Form 214 the Vietnam Service Medal;

	b.  awarding him the Army Good Conduct Medal (1st Award) for the period 
6 May 1968 through 16 April 1970; and

	c.  adding to his DD Form 214 the:

* Air Medal
* Vietnam Service Medal with three bronze service stars


* Republic of Vietnam Gallantry Cross with Palm Unit Citation
(2nd Award)
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)
* Marksman Marksmanship Qualification Badge with Pistol Bar
(.45 caliber)
* Marksman Marksmanship Qualification Badge with Mortar Bar (90mm)




      _______ _   _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)                                         AR20130003679



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ABCMR Record of Proceedings (cont)                                         AR20130003679



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