BOARD DATE:	  15 April 2014

		DOCKET NUMBER:  AR20130014333 


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 Separation from Active Duty) to show award of the Purple Heart, Air Medal, and Combat Infantryman Badge.

2.  The applicant states the awards are not listed on his DD Form 214.

3.  The applicant provides copies of the front page of Special Orders Number 260 and certificates awarding him the Purple Heart and Air Medal.

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 enlisted in the Regular Army on 30 December 1970.  He completed basic combat and advanced individual training and he was awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman).  He was stationed in the Republic of Vietnam from 6 November 1971 through 5 August 1972, serving with the 34th Infantry Platoon (Scout Dog), 3d Brigade, 1st Cavalry Division.

3.  His records contain:

	a.  Headquarters, U.S. Army Training Center, Infantry and Fort Polk, Fort Polk, LA, Special Orders Number 117, dated 29 April 1971, awarding him the Expert Marksmanship Qualification Badge with Pistol Bar (.45 Caliber) and Marksman Marksmanship Qualification Badge with Grenade Bar (M-79);

	b.  Headquarters, 3d Brigade (Separate), 1st Cavalry Division (Airmobile), General Orders Number 564, dated 1 March 1972, awarding him the Purple Heart; and

	c.  Headquarters, 3d Brigade (Separate), 1st Cavalry Division (Airmobile), General Orders Number 939, dated 25 March 1972, awarding him the Air Medal.

4.  His records do not contain a commander's disqualification for award of the Army Good Conduct Medal which would have precluded him from being recommended for or awarded the Army Good Conduct Medal (1st Award).  His DA Form 20 (Enlisted Qualification Record) shows his conduct and efficiency ratings as all "excellent."

5.  On 12 December 1973, he was honorably released from active duty and transferred to the U.S. Army Reserve Control Group (Reinforcement).  His DD Form 214 shows he was awarded or authorized the:

* National Defense Service Medal
* Vietnam Service Medal with one bronze service star
* one overseas service bar
* Bronze Star Medal
* Expert Marksmanship Qualification Badge with Rifle Bar (M-16)
* Republic of Vietnam Campaign Medal with Device (1960)

6.  The applicant provided the front page of Headquarters, 3d Brigade (Separate), 1st Cavalry Division (Airmobile), Special Orders Number 260, dated 25 December 1971, awarding him the Combat Infantryman Badge.

7.  Army Regulation 672-5-1 (Awards), in effect at the time, provided that the Army Good Conduct Medal was awarded to enlisted 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.

8.  Army Regulation 600-8-22 (Military Awards) provides that the Vietnam Service Medal is awarded to all members of the Armed Forces of the United States for qualifying service in Vietnam after 3 July 1965 through 28 March 1973.  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, participation credit was awarded for the following three campaigns:

* Consolidation I
* Consolidation II
* Vietnam Cease-Fire

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 34th Infantry Platoon (Scout Dog), 3d Brigade, 1st Cavalry Division, a unit to which the applicant was assigned, was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 17 September 1965 through June 1972 in Department of the Army General Orders Number 54, dated 1974.

DISCUSSION AND CONCLUSIONS:

1.  General orders awarded him the Purple Heart and Air Medal.  Therefore, he is entitled to correction of his DD Form 214 to show these awards.

2.  Special orders awarded him the Combat Infantryman Badge, Expert Marksmanship Qualification Badge with Pistol Bar (.45 Caliber), and Marksman Marksmanship Qualification Badge with Grenade Bar (M-79).  Therefore, he is entitled to correction of his DD Form 214 to show these badges.

3.  Records show the applicant participated in three campaigns during his service in the Republic of Vietnam.  Therefore, he is entitled to three bronze service stars for wear on his already-awarded Vietnam Service Medal and correction of his DD Form 214 to show these service stars.

4.  Department of the Army Pamphlet 672-3 shows his unit was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  Therefore, his DD Form 214 should be corrected to show this unit citation.

5.  The evidence of record confirms he served honorably during the period 30 December 1970 through 12 December 1973.  The evidence shows he received all "excellent" conduct and efficiency ratings throughout his service.  His records do not contain a commander's disqualification that would have precluded him from being awarded the Army Good Conduct Medal (1st Award).  Therefore, it would be appropriate at this time to award him this medal for the period 30 December 1970 through 12 December 1973 and to correct his DD Form 214 to show this medal.

BOARD VOTE:

___X_____  _X_______  __X___  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined the evidence presented is 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 30 December 1970 through 12 December 1973,

	b.  deleting award of the Vietnam Service Medal from his DD Form 214, and

	c.  adding the following awards to his DD Form 214:

* Purple Heart
* Air Medal
* Army Good Conduct Medal (1st Award)
* Vietnam Service Medal with three bronze service stars
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Combat Infantryman Badge


* Expert Marksmanship Qualification Badge with Pistol Bar (.45 Caliber)
* Marksman Marksmanship Qualification Badge with Grenade Bar 
(M-79)



      ___________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)                                         AR20130014333



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ABCMR Record of Proceedings (cont)                                         AR20130014333



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