IN THE CASE OF:	  

		BOARD DATE:	  26 November 2013

		DOCKET NUMBER:  AR20130006607 


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 (Certificate of Release or Discharge from Active Duty) to show award of the Army Commendation Medal (ARCOM) with Oak Leaf Cluster and the Bronze Star Medal (BSM) with Oak Leaf Cluster.

2.  The applicant makes no additional statement.

3.  The applicant provides copies of his certificates for awards of the BSM with Oak Leaf Cluster and the ARCOM for meritorious service and for meritorious achievement.

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 8 March 1967, the applicant was inducted into the Army of the United States.  He completed his initial training and was awarded military occupational specialty 11B (Light Weapons Infantryman).

3.  Special Orders Number 98, Fort Jackson, SC, dated 1 May 1967, announced the applicant's award of the Expert Marksmanship Qualification Badge with Rifle Bar (M-14).

4.  Special Orders Number 88, Fort Jackson, SC, dated 25 May 1967, announced the applicant's award of the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16).

5.  Special Orders Number 96, Fort Jackson, SC, dated 6 June 1967, announced the applicant's award of the Expert Marksmanship Qualification Badge with Recoilless Rifle Bar (90mm).

6.  Special Orders Number 101, Fort Jackson, SC, dated 21 June 1967, announced the applicant's award of the Expert Marksmanship Qualification Badge with Recoilless Rifle Bar (106mm).

7.  On 14 July 1967, the applicant departed Fort Jackson, SC, for duty in the Republic of Vietnam (RVN).

	a.  On 21 August 1967, he was assigned for duty with the 2nd Battalion, 2nd Infantry Regiment, 1st Infantry Division.

	b.  General Orders Number 6855, 1st Infantry Division, dated 13 July 1968, announced the applicant's award of the ARCOM for his meritorious service in the RVN from August 1967 to July 1968.

	c.  On 15 July 1968, he was promoted to sergeant, pay grade E-5.

	d.  General Orders Number 7507, 1st Infantry Division, dated 23 July 1968, announced the applicant's award of the ARCOM for his meritorious achievement in the RVN from 15 February to 22 June 1968.

	e.  General Orders Number 7231, 1st Infantry Division, dated 23 July 1968, announced the applicant's award of the BSM with First Oak Leaf Cluster, for his meritorious achievement in the RVN from 10 December 1967 to 30 January 1968.

8.  On 9 August 1968, the applicant departed the RVN and returned to the United States for duty at Fort Hood, TX.  In January 1969, he was reassigned to Fort Dix, NJ.

9.  On 7 March 1969, the applicant was released from active duty and transferred to the U.S. Army Reserve Control Group (Reinforcement).  He had completed 
2 years of creditable active duty service.

10.  The applicant's DD Form 214, as corrected by a DD Form 215 (Correction to DD Form 214), lists his awards as:

* National Defense Service Medal
* Vietnam Service Medal with 4 bronze service stars
* Combat Infantryman Badge
* two Overseas Service Bars
* Army Commendation Medal
* RVN Gallantry Cross with Palm Unit Citation
* Valorous Unit Award
* RVN Civil Actions Honor Medal First Class Unit Citation

11.  Item 38 (Record of Assignments) of the applicant's DA Form 20 (Enlisted Qualification Record) shows that his conduct and efficiency ratings were “excellent.”  The applicant’s records do not contain any evidence of disciplinary action.  There is no evidence to show that the commander took any action to deny him the Army Good Conduct Medal.

12.  Army Regulation 600-8-22 (Military Awards) provides for award of the RVN Vietnam 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 Vietnam during the period 1 March 1961 through 28 March 1973.  Qualifying service included assignment in Vietnam for 6 months or more.  

13.  Army Regulation 672-5-1 (Awards), in effect at the time, provided that the Army Good Conduct Medal was awarded to enlisted Soldiers who had completed a qualified period of active duty enlisted service.  This period is 3 years except in those cases when the period for the first award ends 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.  




DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 should be corrected to show award of the ARCOM with Oak Leaf Cluster and the BSM with Oak Leaf Cluster.

2.  General orders show that the applicant was twice awarded the BSM and the ARCOM.  Therefore, his DD Form 214 should be corrected to show award of the BSM with Oak Leaf Cluster and the ARCOM with Oak Leaf Cluster.

3.  The applicant’s records clearly show that he distinguished himself in the performance of his military service as evidenced by his attaining the rank of sergeant, receiving multiple personal decorations and achieving all "excellent" conduct and efficiency ratings.  Therefore, it is presumed that his not receiving an Army Good Conduct Medal for his service was an oversight.  Accordingly, he should be awarded this medal.

4.  Records show that the applicant served during a qualifying period for award of the Republic of Vietnam Campaign Medal with Device (1960).  Therefore, his records should be corrected to show this award.

5.  Special orders show that the applicant was awarded the Expert Marksmanship Qualification Badge with Rifle (M-14) and Recoilless Rifle Bars.  Therefore, his records should be corrected to show this badge.

6.  Special orders show the applicant qualified as a sharpshooter with his M-16 rifle.  Therefore, his records should be corrected to show award of the Sharpshooter Marksmanship Qualification Badge with Rifle (M-16) Bar.

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 for the period 8 March 1967 to 7 March 1969;

	b.  deleting the ARCOM from his DD Form 214; and

	c.  showing, in addition to the awards already listed on his DD Form 214, that his awards include:

* BSM with one Oak Leaf Cluster
* ARCOM with one Oak Leaf Cluster
* Army Good Conduct Medal (1st Award)
* Republic of Vietnam Campaign Medal with Device (1960)
* Expert Marksmanship Qualification Badge with Rifle (M-14) and Recoilless Rifle Bars
* Sharpshooter Marksmanship Qualification Badge with Rifle (M-16) Bar




      _______ _   _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)                                         AR20130006607





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ABCMR Record of Proceedings (cont)                                         AR20130006607



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