IN THE CASE OF:	  

		BOARD DATE:  27 March 2014

		DOCKET NUMBER:  AR20130010733 


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 the Air Medal (AM) and Combat Infantryman Badge (CIB).

2.  He states, in effect, these medals are not listed on his DD Form 214. 

3.  He provides orders for the AM and CIB.

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 22 January 1970.  After completing initial entry training, he was awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman) and assigned for duty in Vietnam.  He was honorably released from active duty on 8 September 1971 in the rank of sergeant (SGT/E-5).

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

* item 31 (Foreign Service) – he was credited with service in Vietnam from 
5 August 1970 to 8 September 1971
* item 38 (Record of Assignments) – he was assigned to the following units during his service in Vietnam –

* 15th Adjutant General Replacement Detachment, from 9 August 1970 to 15 August 1970
* Company A, 1st Battalion, 12th Cavalry, 1st Cavalry Division (Airmobile), from 16 to 23 August 1970
* Company C, 1st Battalion, 12th Cavalry, 1st Cavalry Division (Airmobile), from 24 August 1970 to 30 April 1971

* item 38 – he received both "unknown" and "excellent" conduct and efficiency ratings

4.  His DD Form 214 shows the:

* National Defense Service Medal
* Vietnam Service Medal
* Vietnam Campaign Medal with two bronze service stars
* Army Commendation Medal

5.  Special Orders Number 131, issued by Headquarters, U.S. Army Training Center, Infantry and Fort Polk, dated 13 May 1970, show he was awarded the:

* Expert Marksmanship Qualification Badge with Rifle (M-16) Bar
* Sharpshooter Marksmanship Qualification Badge with Machine Gun 
(M-60), Grenade Launcher (M-79), and Pistol (.45 caliber) Bars

6.  Special Orders Number 275, issued by Headquarters, 1st Cavalry Division (Airmobile), dated 2 October 1970, show he was awarded the CIB, effective 
25 September 1970.

7.  General Orders Number 4585, issued by the same organization, dated 
3 March 1971, show he was awarded the AM for meritorious service while participating in aerial flight during the period October 1970 to February 1971.

8.  His records show he accepted nonjudicial punishment under the provisions of Article 15 of the Uniform Code of Military Justice for failing to go at the time prescribed to his appointed place of duty on 28 July 1970.  His Installation Clearance Record, dated 3 September 1971, shows he was recommended for the Good Conduct Medal.

9.  A review of the available records indicates entitlement to additional awards and decorations not shown on his DD Form 214.

10.  Army Regulation 672-5-1 (Awards), in effect at the time, stated the Army Good Conduct Medal (AGCM) 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.  There must have been no convictions by a court-martial.  

11.  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 1st Battalion, 12th Cavalry, was cited for award of the Republic of Vietnam (RVN) Gallantry Cross with Palm Unit Citation for the period 21 February 1970 to 28 February 1971, by Department of the Army General Orders (DAGO) Number 42, dated 1972.

DISCUSSION AND CONCLUSIONS:

1.  General orders awarded him the AM and special orders awarded him the CIB.  Therefore, he is entitled to correction of his DD Form 214 to show the AM and CIB.

2.  The applicant received all "excellent" conduct and efficiency ratings during his service.  He was subject to minor disciplinary actions; however, records show he was recommended for award of the AGCM.  Therefore, it would be appropriate to award him the AGCM (1st Award) based on completion of a qualifying period of active Federal service and correct his DD Form 214 to show this award.

3.  He qualified as a expert with the M-16 rifle and as a sharpshooter with the 
M-60 machine gun, M-79 grenade launcher, and pistol (.45 caliber).  Therefore, he is entitled to correction of his DD Form 214 to show the Marksman Marksmanship Qualification Badge with Rifle Bar and Sharpshooter Marksmanship Qualification Badge with Machine Gun, Grenade Launcher, and Pistol Bars.
4.  He was assigned to a unit in Vietnam during a period for which it was cited twice for award of the RVN Gallantry Cross with Palm Unit Citation.  Therefore, he is entitled to correction of his DD Form 214 to show this unit award.

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 AGCM (1st Award) for the period 22 January 1970 to 
8 September 1971; and

	b.  adding to his DD Form 214 the:

* AM
* AGCM (1st Award)
* CIB
* Expert Marksmanship Qualification Badge with Rifle Bar
* Marksman Marksmanship Qualification Badge with Machine Gun, Grenade Launcher, and Pistol Bars
* RVN Gallantry Cross with Palm 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)                                         AR20130010733





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ABCMR Record of Proceedings (cont)                                         AR20130010733



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