IN THE CASE OF: 

		BOARD DATE:	  11 June 2014 	

		DOCKET NUMBER:  AR20130017506 


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 all of his awards.

2.  The applicant states he fought for his country and this is very important to him and his family.

3.  The applicant provides a copy of 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.  The applicant was inducted into the Army on 18 November 1969.  He completed training as a light weapons infantryman and was transferred to Vietnam.
3.  His DA Form 20 (Enlisted Qualification Record) shows he:

	a.  arrived in Vietnam on or about 25 July 1969 and served with C Company, 1st Battalion, 50th Infantry from 28 July 1969 until he was evacuated from Vietnam; and

	b.  his conduct and efficiency ratings were exclusively “excellent” throughout his active duty service, except for an “unknown” in conduct during the last rated period.

	c.  The applicant was authorized the – 

* National Defense Service Medal
* Vietnam Service Medal
* Combat Infantryman Badge
* Marksman Marksmanship Qualification Badge with Machinegun and Rifle Bars
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar

4.  Orders show he was medically evacuated from Vietnam on 25 January 1970.  However, there are no medical records available.  The applicant is not listed on the Vietnam Casualty Roster or the Awards and Decorations Computer-Assisted Retrieval System (ADCARS), an index of general orders issued during the Vietnam era between and maintained by the U.S. Army Human Resources Command Military Awards Branch.

5.  The applicant's early separation to attend college was accomplished with temporary records on 28 December 1970.

6.  Army Regulation 672-5-1 (Awards), in effect at the time, 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; 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.  Ratings of “Unknown” for portions of the period under consideration were not disqualifying.  

7.  Army Regulation 600-8-22 (Military Awards) states:

	a.  The Republic of Vietnam (RVN) Campaign Medal with Device (1960) 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.

	b.  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 will be awarded for wear on the Vietnam Service Medal for participation in each campaign.  The following two designated campaign periods that coincide with the applicant's tour of duty –  

* Vietnam Summer - Fall 1969             9 June - 31 October 1969
* Vietnam Winter - Spring 1970            1 November 1969 - 30 April 1970

8.  Army Pamphlet 672-3 (Unit Citation and Campaign Credit Register) shows 1st Battalion, 50th Infantry was authorized the – 

* RVN Gallantry Cross with Palm Unit Citation for the period 5 April 1966 through 6 October 1969 by Department of the Army General Order (DAGO) Number 51 of 1971 and for the period 7 October 1969 through February 1970 by DAGO Number 11 of 1973
* RVN Civil Actions Honor Medal First Class Unit Citation for the period 7 October 1969 through 1 February 1970 by DAGO Number 42 of 1972
* RVN Gallantry Cross with Silver Star Unit Citation for the period 1 September 1969 through 15 December 1970 by DAGO 52 of 1971

DISCUSSION AND CONCLUSIONS:

1.  The applicant's DD Form 214 shows only the National Defense Service Medal.  

2.  The applicant distinguished himself by his exclusively “excellent” conduct and efficiency ratings during more than 1 year of active duty service including approximately 6 months with an infantry unit in Vietnam.  Notwithstanding the absence of a recommendation from his commanding officer, he should be awarded the Army Good Conduct Medal.

3.  The applicant's DA Form 20 together with the pertinent directives show he is eligible for the – 

* Vietnam Service Medal with two bronze service stars
* Combat Infantryman Badge
* Marksman Marksmanship Qualification Badge with Machinegun and Rifle Bars
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar
* RVN Campaign Medal with Device (1960)
* RVN Gallantry Cross with Palm Unit Citation (Two Awards)
* RVN Civil Actions Honor Medal First Class Unit Citation
* RVN Gallantry Cross with Silver Star Unit Citation

4.  The above awards should be added to the applicant's DD Form 214.

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 18 February 1969 through 28 December 1970; and 

	b.  adding the following awards to his DD Form 214 – 

* Army Good Conduct Medal (First Award)
* Vietnam Service Medal with two bronze service stars
* Combat Infantryman Badge
* Marksman Marksmanship Qualification Badge with Machinegun and Rifle Bars
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar
* RVN Campaign Medal with Device (1960)








* RVN Gallantry Cross with Palm Unit Citation (Two Awards)
* RVN Civil Actions Honor Medal First Class Unit Citation
* RVN Gallantry Cross with Silver Star 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)                                         AR20130017506





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ABCMR Record of Proceedings (cont)                                         AR20130017506



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