IN THE CASE OF:	  

		BOARD DATE:	  7 May 2015

		DOCKET NUMBER:  AR20140016309


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:

* Bronze Star Medal
* Air Medal
* Combat Infantryman Badge

2.  The applicant states the above awards were omitted from his DD Form 214.  

3.  The applicant provides copies of a:

* Citation and certificate for award of the Air Medal
* Citation and certificate for award of the Bronze Star 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 available evidence shows:

	a.  On 17 September 1968, the applicant enlisted in the Regular Army.  He completed the training requirements and he was awarded military occupational specialty (MOS) 11C (Infantryman Indirect Fire Crewman).

	b.  Special Orders Number 157, Fort Benning, Georgia, dated 2 July 1969, announced the applicant’s award of the Expert Marksmanship Qualification Badge with Mortar Bar).

	c.  On or about 19 September 1969, the applicant departed the United States for duty in the Republic of Vietnam (RVN).  On 10 November 1969, he was assigned to Company E, 1st Battalion, 14th Infantry Regiment.  On 15 November 1969, he was reassigned to Company C, of the same battalion.

	d.  Special Orders Number 26, 4th Infantry Division, dated 26 January 1970, announced the applicant's award of the Combat Infantryman Badge.

	e.  General Orders Number 2768, 4th Infantry Division, dated 6 May 1970, announced the applicant's award of the Bronze Star Medal for meritorious service during the period September 1969 to June 1970.

	f.  A citation and certificate, provided by the applicant, indicates that he was awarded the Air Medal for meritorious achievement while participating in sustained aerial flight from 15 November 1969 to 18 March 1970.  A review of the Awards and Decorations Computer Assisted Retrieval System (ADCARS), revealed General Orders Number 2818, 4th Infantry Division, dated 9 May 1970 announced the applicant's award of the Air Medal.

3.  On 17 June 1970, the applicant was released from active duty.  His DD Form 214 shows he completed 1 year, 9 months, and 1 day of creditable active service.  He attained the rank of sergeant, pay grade E-5.  His awards are listed as:
	
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)
* Expert Marksmanship Qualification Badge with Rifle Bar (M-16)
* Vietnam Service Medal
* Vietnam Campaign Medal
* National Defense Service Medal
* RVN Gallantry Cross with Palm Unit Citation
4.  Item 38 (Record of Assignments) of the applicant's DA Form 20 (Enlisted Qualification Record) shows that his conduct and efficiency ratings were excellent.  The applicant’s records do not contain any evidence of disciplinary action.  There is no evidence showing that his commander took any action to deny him the Army Good Conduct Medal.

5.  Army Regulation 600-8-22 (Military Awards) states in Appendix B, that based on the applicant's dates of service in the RVN, he participated in the following three campaign periods:  The Vietnam Summer-Fall 1969, Vietnam Winter-Spring, and DA Sanctuary Counteroffensive.  This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.

6.  Army Regulation 672-5-1 (Awards), in effect at the time, provided that the Army Good Conduct Medal was awarded to enlisted Soldiers who had completed a qualified period of active duty enlisted service.  This period is 3 years except in those cases when the period for the first award ends 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.  Ratings of "unknown" for portions of the period under consideration are not disqualifying.  Service school efficiency ratings based upon academic proficiency of at least "good" rendered subsequent to 22 November 1955 are not disqualifying.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 should be corrected to show award of the Bronze Star Medal, Air Medal, and Combat Infantryman Badge.

2.  General orders show the applicant was awarded the Bronze Star Medal for meritorious service.  Therefore, this medal should be shown on his DD Form 214.

3.  General orders show the applicant was awarded the Air Medal for meritorious achievement.  Therefore, this medal should be shown on his DD Form 214.

4.  The applicant’s records clearly show that he distinguished himself in the performance of his military service as evidenced by attaining the rank of SGT, receiving a personal decoration for meritorious service, and achieving all "excellent" conduct and efficiency ratings.  Therefore, it is presumed that the Army Good Conduct Medal is not listed on his DD Form 214 due to an oversight.  Accordingly, he should be awarded this medal.

5.  Records show the applicant participated in three campaign periods during his service in the RVN.  Therefore, he is authorized to wear three bronze service stars on his already-awarded Vietnam Service Medal.

6.  Special orders show the applicant was awarded the Combat Infantryman Badge.  Therefore, this badge should be shown on his DD Form 214.

7.  Special orders show the applicant was awarded the Expert Marksmanship Qualification Badge with Mortar Bar.  Therefore, this bar should be shown on his already-award Expert Marksmanship Qualification Badge.

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.  deleting from his DD Form 214 the Vietnam Service Medal and the Expert Marksmanship Qualification Badge with Rifle Bar;

	b.  awarding him the Army Good Conduct Medal for the period 17 September 1968 to 17 June 1970; and

	c.  adding to his DD Form 214:

* Bronze Star Medal
* Air Medal
* Army Good Conduct Medal
* Vietnam Service Medal with three bronze service stars


* Combat Infantryman Badge
* Expert Marksmanship Qualification Badge with Rifle and Mortar Bars




      _______ _   _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)                                         AR20140000079



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ABCMR Record of Proceedings (cont)                                         AR20140016309



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