IN THE CASE OF:	  

		BOARD DATE:	  14 July 2015

		DOCKET NUMBER:  AR20140018872 


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
* Vietnam Service Medal with three bronze service stars
* Combat Infantryman Badge
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)
* Marksmanship Qualification Badge with Machine Gun Bar (M-60)
* Marksmanship Qualification Badge with Rifle Bar (M-16)

2.  The applicant states his DD Form 214 does not contain all of his awards and decorations.

3.  The applicant provides:

* DD Form 214
* Headquarters, U.S. Army Training Center, Armor (2018), Special Orders Number 37, dated 6 February 1969
* Headquarters, U.S. Army Training Center, Infantry and Fort Polk, Special Orders Number 067, dated 19 March 1969
* Headquarters, U.S. Army Training Center, Infantry and Fort Polk, Special Orders Number 088, dated 14 April 1969
* Headquarters, 1st Infantry Brigade, 5th Infantry Division, Special Orders Number 117, dated 27 April 1970
* Headquarters, 1st Infantry Brigade, 5th Infantry Division, General Orders Number 1369, dated 3 August 1970
* Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) extracts

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 13 December 1968.

3.  Headquarters, U.S. Army Training Center, Armor (2018), Special Orders Number 37, dated 6 February 1969, awarded him the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14).

4.  Headquarters, U.S. Army Training Center, Infantry and Fort Polk, Special Orders Number 067, dated 19 March 1969, awarded him the Marksman Marksmanship Qualification Badge with Rifle Bar (M-16).

5.  Headquarters, U.S. Army Training Center, Infantry and Fort Polk, Special Orders Number 088, dated 14 April 1969, awarded him the Marksman Marksmanship Qualification Badge with Machine Gun Bar (M-60).

6.  He served in Vietnam during the period 12 December 1969 to 3 September 1970 and he participated in three campaigns.  While in Vietnam, he was assigned to:

* Company A, 1st Battalion, 11th Infantry, 1st Brigade, 5th Infantry Division, for the period 26 December 1969 to 6 January 1970
* Company E, 1st Battalion, 11th Infantry, 1st Brigade, 5th Infantry Division, for the period 7 January 1970 to 31 July 1970

7.  On 27 February 1970, the applicant accepted nonjudicial punishment under the provisions of Article 15, Uniform Code of Military Justice, for wrongfully appropriating a government vehicle.

8.  Headquarters, 1st Infantry Brigade, 5th Infantry Division, Special Orders Number 117, dated 27 April 1970, awarded him the Combat Infantryman Badge.

9.  Headquarters, 1st Infantry Brigade, 5th Infantry Division, General Orders Number 1369, dated 3 August 1970, awarded him the Army Commendation Medal.

10.  On 4 September 1970, 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)

11.  Item 38 (Record of Assignments) of his DA Form 20 (Enlisted Qualification Record) shows all "excellent" conduct and efficiency ratings.

12.  His records are void of a commander's disqualification that would have prevented him from being recommended for or awarded the Army Good Conduct Medal (1st Award) for his period of honorable service from 13 December 1968 through 4 September 1970.

13.  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.  Ratings of "unknown" for portions of the period under consideration were not disqualifying.  There must have been no convictions by court-martial.

14.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards.  It states a bronze service star is authorized with the Vietnam Service Medal for each Vietnam campaign a member is credited with participating in.

15.  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 1st Battalion, 5th Infantry Division, was awarded the:

* Republic of Vietnam Gallantry Cross with Palm Unit Citation by Department of the Army General Orders Number 48, dated 1971, for the period 1 September 1968 to 30 September 1970
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation by Department of the Army General Orders Number 9, dated 1979, for the period 1 January 1966 to 21 January 1970

DISCUSSION AND CONCLUSIONS:

1.  General orders awarded him the Army Commendation Medal.  His DD Form 214 should be corrected to show this award.

2.  He served honorably during the period 13 December 1968 through 4 September 1970.  He received all "excellent" conduct and efficiency ratings and his records do not contain a commander's disqualification statement.  It would be appropriate to award him the Army Good Conduct Medal (1st Award) and to correct his DD Form 214 to show this award.

3.  The applicant participated in three campaigns during his service in Vietnam that authorizes three bronze service stars with his already-awarded Vietnam Service Medal.  His DD Form 214 should be corrected to show award of the Vietnam Service Medal with three bronze service stars.

4.  General orders awarded the unit to which he was assigned in Vietnam the Republic of Vietnam Gallantry Cross with Palm Unit Citation and Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.  His DD Form 214 should be corrected to show these unit awards.

5.  Special orders awarded him the Combat Infantryman Badge, Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14), and Marksman Marksmanship Qualification Badge with Rifle Bar (M-16) and Machine Gun Bar (M-60).  His DD Form 214 should be corrected to show these badges.



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 13 December 1968 through 4 September 1970,

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

	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
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation
* Combat Infantryman Badge
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-16) and Machine Gun Bar (M-60)



      __________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)                                         AR20140018872



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ABCMR Record of Proceedings (cont)                                         AR20140018872



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