IN THE CASE OF:	   

		BOARD DATE:	  19 June 2014

		DOCKET NUMBER:  AR20130018632 


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 award of the Army Good Conduct Medal and correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show award of the Army Good Conduct Medal and any other awards to which he may be entitled.

2.  The applicant states he believes he is entitled to award of the Army Good Conduct Medal as he served in Vietnam for 1 year.

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 enlisted in the Regular Army on 20 August 1969.

3.  Headquarters, U.S. Army Training Center, Infantry, and Fort Lewis, Fort Lewis, WA, Special Orders Number 277, dated 4 October 1969, show he was awarded the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14).

4.  Headquarters, 3d Advanced Individual Training Brigade (Infantry), U.S. Army Training Center, Fort Gordon, GA, Special Orders Number 260, dated 1 December 1969, show he was awarded the First Class Badge (currently known as the Sharpshooter Marksmanship Qualification Badge) with Rifle Bar 
(90-millimeter (mm) Recoilless).

5.  Headquarters, 3d Advanced Individual Training Brigade (Infantry), U.S. Army Training Center, Fort Gordon, GA, Special Orders Number 272, dated 15 December 1969, show he was awarded the Expert Marksmanship Qualification Badge with Rifle Bar (106mm Recoilless).

6.  Headquarters, U.S. Army John F. Kennedy Center for Military Assistance, Fort Bragg, NC, Special Orders Number 123, dated 20 May 1970, show he was awarded the Sharpshooter Marksmanship Qualification Badge with Rifle Bar 
(M-16).

7.  He was stationed in the Republic of Vietnam from 5 July 1970 through 4 July 1971 where he was assigned to Company D and later to Company E, 2d Battalion (Airmobile), 501st Infantry Regiment.

8.  Headquarters, 172d Infantry Brigade, General Orders Number 8, dated 24 January 1972, show he was awarded the Army Good Conduct Medal (1st Award) for the period 20 August 1969 to 22 February 1972.

9.  On 22 February 1972, he was honorably released from active duty and transferred to the U.S. Army Reserve Control Group (Annual Training).  His DD Form 214 shows he was awarded or authorized the:

* National Defense Service Medal
* Parachutist Badge
* Vietnam Service Medal
* Combat Infantryman Badge
* Army Commendation Medal
* Air Medal (1st Award)
* Air Medal (2nd Award)

10.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards.

	a.  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 two campaigns:

* Vietnam Counteroffensive Phase VII
* Consolidation I

	b.  The Republic of Vietnam 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.

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 that 2d Battalion (Airmobile), 501st Infantry Regiment, a unit to which the applicant was assigned, was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 18 April through 31 August 1971 by Department of the Army General Orders Number 6, dated 1974.

DISCUSSION AND CONCLUSIONS:

1.  General orders awarded him the Army Good Conduct Medal.  Therefore, he is entitled to correction of his DD Form 214 to show this award.

2.  Special orders awarded him the Expert Marksmanship Qualification Badge with Rifle Bar (106mm Recoilless) and Sharpshooter Marksmanship Qualification Badge with Rifle Bars (M-14, M-16, and 90mm Recoilless).  Therefore, he is entitled to correction of his DD Form 214 to show these badges.

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

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

5.  He also served a qualifying period of service for the Republic of Vietnam Campaign Medal with Device (1960).  Therefore, his DD Form 214 should be corrected to show this award.

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

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

* Army Good Conduct Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Vietnam Service Medal with two bronze service stars
* Expert Marksmanship Qualification Badge with Rifle Bar (106mm Recoilless)
* Sharpshooter Marksmanship Qualification Badge with Rifle Bars 
(M-14, M-16, and 90mm Recoilless)



      _______ _   _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)                                         AR20130018632



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ABCMR Record of Proceedings (cont)                                         AR20130018632



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