IN THE CASE OF:	   

		BOARD DATE:	  23 June 2015

		DOCKET NUMBER:  AR20140018622 


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 in:

* item 12 (Last Duty and Assignment and Major Command) his unit as Company  D, First Battalion, Seventh Cavalry, Third Brigade, 1st Cavalry Division vice “CO D, 1st BN, 7th CAV, 3rd BDE, 1st CAV DIV”
* item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) the Air Medal and Bronze Star Medal

2.  The applicant states the typing of his unit on his DD Form 214 is a clerical error and, due to his prompt release from active duty under the phase down release program, he was not awarded the Air Medal or Bronze Star Medal by the time of his discharge.

3.  The applicant provides his DD Form 214, three certificates, a Department of Veterans Affairs (VA) Identification Card, and his driver's license.

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 18 March 1971 and he held military occupational specialty 11B (Light Weapons Infantryman).  

3.  His record contains the following special orders (SO) issued by Headquarters (HQ), 3rd Training Brigade (BDE), Fort Ord, CA:

* SO Number 88, dated 12 May 1971, wherein he was awarded the Marksman Marksmanship Qualification Badge with Rifle Bar (M-16)
* SO Number 111, dated 15 June 1981, wherein he was awarded the Marksman Marksmanship Qualification Badge with Pistol Bar (.45 Cal)

4.  He served in Vietnam from 8 August 1971 to 10 April 1972 while assigned to Company (CO) D, 1st Battalion (BN), 7th Cavalry (CAV), 3rd BDE, 1st CAV Division (DIV).

5.  His record contains the following general orders (GO) issued by HQ, 3rd BDE, 1st CAV DIV, Vietnam:

* GO Number 1174, dated 10 April 1972, wherein he was awarded the Bronze Star Medal for meritorious service
* GO Number 1241, dated 14 April 1972, wherein he was awarded the Air Medal for meritorious achievement 

6.  He was honorably released from active duty on 13 April 1972 and he was transferred to the U.S. Army Reserve.  He completed 1 year and 26 days of creditable active service with no lost time. 

7.  The DD Form 214 he was issued shows award of the:

* National Defense Service Medal
* Vietnam Service Medal
* Vietnam Campaign Medal
* Combat Infantryman Badge

8.  Item 38 (Record of Assignments) of his DA Form 20 (Enlisted Qualification Record) shows he received all "excellent" conduct and efficiency ratings throughout his service.

9.  His record is void of any derogatory information, convictions by a court-martial, or a commander's disqualification that would have precluded him from being awarded the Army Good Conduct Medal (1st Award).

10.  Army Regulation 672-5-1 (Military Awards), in effect at the time, provided that the Army Good Conduct Medal was awarded to individuals who completed a qualified period of active duty enlisted service.  This period was 3 years except in those cases when the period for the first award ended with the termination of a period of Federal military service of less than 3 years but more than 1 year.  The enlisted person must have had all "excellent" conduct and efficiency ratings and no convictions by a court-martial.  

11.  Army Regulation 600-8-22 (Military Awards) states 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.  A review of his records shows that during his service in Vietnam he participated in three campaigns.

12.  Department of the Army (DA) Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam.  This pamphlet shows CO D, 1st BN, 7th CAV, 1st CAV DIV, was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation, for the period 17 September 1965 through 1 June 1972 by DAGO Number 54, dated 1974. 

DISCUSSION AND CONCLUSIONS:

1.  GO awarded the applicant the Bronze Star Medal and Air Medal, and SO awarded him the Marksman Marksmanship Qualification Badge with Rifle Bar (M-16) and Marksman Marksmanship Qualification Badge with Pistol Bar (.45 Cal), none of which are shown on his DD Form 214.  Therefore, he is entitled to correction of his DD Form 214 to show these medals and badges.

2.  The evidence of record confirms he served honorably from 18 March 1971 through 13 April 1972.  He served in Vietnam, received all "excellent" conduct and efficiency ratings throughout his service, and his record is void a commander's disqualification or any derogatory information that would have disqualified him from receiving the Army Good Conduct Medal.  Therefore, it would be appropriate to award him the Army Good Conduct Medal (1st Award) based on completion of a qualifying period of Federal military service and correct his DD Form 214 to show this award.

3.  His record confirms he participated in three campaigns during his service in Vietnam.  Therefore, he is entitled to three bronze service stars for wear on his already-awarded Vietnam Service Medal and correction of his DD Form 214 accordingly.

4.  GO awarded his unit in Vietnam the Republic of Vietnam Gallantry Cross with Palm Unit Citation during the period he was assigned to the unit.  Therefore, his DD Form 214 should be corrected to show this unit award.

5.  With respect to the spelling of his unit, the record shows his unit is correctly spelled on his DD Form 214.  Although his unit has been abbreviated, this was due to space limitations in item 12 of his DD Form 214 and not due to typographical errors.  Therefore, no correction is required.

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:

* awarding him the Army Good Conduct Medal (1st Award) for the period 18 March 1971 through 13 April 1972
* deleting from his DD Form 214 the Vietnam Service Medal
* adding to his DD Form 214 the:

* Bronze Star Medal
* Air Medal
* Army Good Conduct Medal (1st Award)
* Vietnam Service Medal with three bronze service stars
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-16)
* Marksman Marksmanship Qualification Badge with Pistol Bar (.45 Cal)



      _______ _   _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)                                         AR20140018622





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ABCMR Record of Proceedings (cont)                                         AR20140018622



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