BOARD DATE:	  26 February 2015

		DOCKET NUMBER:  AR20140012583 


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 award of the Army Commendation Medal and any other authorized awards and decorations.

2.  The applicant states:

* Headquarters, 1st Infantry Division, General Orders Number 5015, dated 11 July 1967, awarded him the Army Commendation Medal
* the Army Commendation Medal was never issued to him or entered on his DD Form 214

3.  The applicant provides:

* Headquarters, 1st Infantry Division, General Orders Number 5015, dated 11 July 1967
* DA Form 20 (Enlisted Qualification Record), page 4
* 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 of the United States on 14 December 1965.

3.  Headquarters, U.S. Army Training Center, Armor, Special Orders Number 42, dated 11 February 1966, awarded him the Marksman Marksmanship Qualification Badge with Rifle Bar (M-14).

4.  Headquarters, 3d Training Brigade (Infantry), Special Orders Number 49, dated 1 April 1966, awarded him the Marksman Marksmanship Qualification Badge with Rifle Bar (106 millimeter Recoilless Rifle).

5.  He served in Vietnam during the period 24 June 1966 through 20 June 1967 and participated in three campaigns.  While in Vietnam, he was assigned as follows:

* Company A, 1st Battalion, 26th Infantry, from 30 June 1966 to 23 January 1967
* Headquarters and A Company, 1st Medical Battalion, 1st Infantry Division, from 24 January 1967 to 20 June 1967

6.  The applicant provided a copy of Headquarters, 1st Infantry Division General Orders Number 5015, dated 11 July 1967, which shows he was awarded the Army Commendation Medal for the period June 1966 to June 1967.

7.  Headquarters, 3d Training Brigade (Basic Combat Training), U.S. Army Training Center, Armor, Special Orders Number 164, dated 1 September 1967, awarded him the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14).

8.  On 13 December 1967, he was honorably released from active duty.  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)


* Combat Infantryman Badge
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-14)

9.  His DA Form 20 shows in:

* Item 38 (Record of Assignments) – "excellent" conduct and efficiency ratings
* Item 41 (Awards and Decorations) –

* National Defense Service Medal
* Vietnam Service Medal
* Combat Infantryman Badge
* Republic of Vietnam Campaign Medal with Device (1960)
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-14)

10.  His records are void of a commander's disqualification that would have precluded him from being recommended for or awarded the Army Good Conduct Medal (1st Award) for his period of honorable service from 14 December 1965 through 13 December 1967.

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.

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

	a.  A bronze service star is authorized with the Vietnam Service Medal for each Vietnam campaign a member is credited with participating in.

	b.  The marksmanship qualification badge is awarded to indicate the degree – Expert, Sharpshooter, and Marksman – in which an individual has qualified in a prescribed record course.  An appropriate bar is furnished to denote each weapon with which the individual has qualified.  Award of marksmanship badges is not permanent.  An award for previous marksmanship weapons qualification is revoked automatically whenever an individual, upon completion of firing a record course for which the previous award was made, has not attained the same qualification.  If a badge is authorized for firing a limited or sub-caliber course, it is automatically revoked if a record service course is subsequently fired.

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 following units to which the applicant was assigned were awarded the following:

* 26th Infantry Division, 1st Battalion, was awarded the –

*	Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 12 July 1965 through 16 October 1968 by Department of the Army General Orders (DAGO) Number 21, dated 1969
*	Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period October 1965 through 7 April 1970 by DAGO Number 53, dated 1970

* Headquarters and Company A, 1st Medical Battalion, 1st Infantry Division, was awarded the Meritorious Unit Commendation for the period September 1966 through March 1967 by DAGO Number 17, dated 1968.

DISCUSSION AND CONCLUSIONS:

1.  General orders awarded him the Army Commendation Medal; therefore, he is entitled to correction of his DD Form 214 to show this award.

2.  He participated in three campaigns during his service in Vietnam that entitles him to three bronze service stars for wear on his already-awarded Vietnam Service Medal.  Therefore, his DD Form 214 should be corrected to show these service stars.

3.  The units to which he was assigned while in Vietnam were awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation, Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, and Meritorious Unit Commendation.  Therefore, he is entitled to correction of his DD Form 214 to show these unit awards.

4.  He served honorably during the period 14 December 1965 through 13 December 1967.  He received all "excellent" conduct and efficiency ratings throughout his period of service with no evidence of a commander's disqualification.  Therefore, he should be awarded the Army Good Conduct Medal (1st Award) and his DD Form 214 should be corrected to show this award.

5.  Although the applicant originally qualified as Marksman with the M-14 Rifle, he later qualified as Sharpshooter with the M-14 Rifle.  Therefore, he is entitled to correction of his DD Form 214 to show award of the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14).

6.  The applicant qualified as Marksman with the 106 millimeter recoilless rifle.  Therefore, he is entitled to correction of his DD Form 214 to show award of the Marksman Marksmanship Qualification Badge with Recoilless Rifle Bar.

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 14 December 1965 through 13 December 1967;

	b.  deleting the following awards from his DD Form 214:

* Vietnam Service Medal
* Marksman Marksmanship Qualification Badge with Rifle Bar

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

* Army Commendation Medal
* Army Good Conduct Medal (1st Award)
* Vietnam Service Medal with three bronze service stars
* Meritorious Unit Commendation
* Republic of Vietnam Campaign Medal with Device (1960)
* Republic of Vietnam Gallantry Cross with Palm Unit Citation




* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)
* Marksman Marksmanship Qualification Badge with Recoilless Rifle 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)                                         AR20140012583



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ABCMR Record of Proceedings (cont)                                         AR20140012583



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