IN THE CASE OF:  	  

		BOARD DATE:  7 April 2015	  

		DOCKET NUMBER:  AR20140008161 


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 all authorized awards.

2.  The applicant states he believes his DD Form 214 omitted some of his authorized awards.

3.  The applicant provides a copy of his DD Form 214 and a DA Form 1577 (Authorization for Issuance of Awards).

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 10 May 1967.  He completed initial entry training and he was awarded military occupational specialty 11C (Indirect Fire Infantryman)

3.  Headquarters, 2d Training Brigade, Fort Polk, Special Orders Number 132, dated 7 July 1967, awarded him the Expert Marksmanship Qualification Badge with Rifle Bar (M-14).

4.  Headquarters, Fort Polk, Special Orders Number 192, dated 27 July 1967, awarded him the Expert Marksmanship Qualification Badge with Pistol Bar (.45 Caliber).

5.  His DA Form 20 (Enlisted Qualification Record) shows he served in Vietnam from 16 October 1967 through 10 October 1968.  He was assigned to Company E, 4th Battalion, 39th Infantry Regiment, 9th Infantry Division.  He participated in four campaigns during this period.

6.  Headquarters, 9th Infantry Division, Special Orders Number 72, dated 12 March 1968, awarded him the Combat Infantryman Badge (1st Award).

7.  His DA Form 20 shows he received "excellent" conduct and efficiency ratings in each of his assignments.  It also shows he qualified as an expert with the 81mm mortar.

8.  There is no evidence of any derogatory information or a commander's disqualification which would have precluded award of the Army Good Conduct Medal.

9.  He was honorably released from active duty on 9 May 1969 in the temporary rank/pay grade of specialist four/E-4.  He completed 2 years of active service.  His DD Form 214 shows he was awarded or authorized the:

* National Defense Service Medal
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* Army Commendation Medal
* Air Medal

10.  On 13 March 1985, the Reserve Components Personnel Administration Center issued him a DA Form 1577 showing he was authorized the following awards:

* Army Commendation Medal
* Army Good Conduct Medal
* Valorous Unit Award
* National Defense Service Medal
* Vietnam Service Medal with two bronze service stars
* Combat Infantryman Badge
* Republic of Vietnam Campaign Medal with Device (1960)
* Expert Marksmanship Qualification Badge with Mortar, Pistol, and Rifle Bars
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation

11.  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 the 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.  However, there was no right or entitlement to the medal until the immediate commander made a positive recommendation for its award and until the awarding authority announced the award in general orders.

12.  Army Regulation 600-8-22 (Military Awards) states a bronze service star is authorized with the Vietnam Service Medal for participation in each credited campaign.

13.  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 4th Battalion, 39th Infantry Regiment, was awarded the:

* Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 1 December 1966-30 June 1968 in Department of the Army General Orders 31, dated 1969
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 19 December 1966-29 June 1969 in Department of the Army General Orders 59, dated 1969
* Valorous Unit Award for the period 6-12 May 1968 in Department of the Army General Orders 43, dated 1970
   
   
   
   
DISCUSSION AND CONCLUSIONS:

1.  The applicant's records show he was honorably released from active duty in the temporary rank/pay grade of specialist four/E-4.  He completed 2 years of active service and received all "excellent" conduct and efficiency ratings in each of his assignments.  There is no evidence of any derogatory information or a commander's disqualification which would have precluded award of the Army Good Conduct Medal.  Therefore, he should be awarded the Army Good Conduct Medal (1st Award) for the period 10 May 1967 through 9 May 1969 and his DD Form 214 should be corrected to show this award.

2.  He served in Vietnam from 16 October 1967 through 10 October 1968 and he participated in four campaigns during this period.  Therefore, he is authorized four bronze service stars with his already-awarded Vietnam Service Medal and his DD Form 214 should be corrected to show these service stars.

3.  His record shows he was awarded the Combat Infantryman Badge and Expert Marksmanship Qualification Badge with Rifle Bar (M-14), Pistol Bar (.45 Caliber), and Mortar Bar.  Therefore, his DD Form 214 should be corrected to show these awards.

4.  His unit was awarded the Valorous Unit Award, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation during his period of assignment.  Therefore, his DD Form 214 should be corrected to show these unit awards.

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:

* awarding him the Army Good Conduct Medal (1st Award) for the period 10 May 1967 through 9 May 1969
* deleting award of the Vietnam Service Medal from his DD Form 214
* adding the following awards to his DD Form 214 –

* Army Good Conduct Medal (1st Award)
* Vietnam Service Medal with four bronze service stars
* Valorous Unit Award
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation
* Combat Infantryman Badge (1st Award)
* Expert Marksmanship Qualification Badge with Rifle Bar (M-14), Pistol Bar (.45 Caliber), and Mortar 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)                                         AR20140008161



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ABCMR Record of Proceedings (cont)                                         AR20140008161



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