IN THE CASE OF:	   

		BOARD DATE:	  20 October 2015

		DOCKET NUMBER:  AR20140020906 


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 of his authorized awards and badges.

2.  The applicant states:

* his DD Form 214 does not list all of his awards and badges as shown in a letter he received from the National Personnel Records Center
* although it was an unpopular war, he is proud of his achievements and he wants the world to see them

3.  The applicant provides:

* National Personnel Records Center letter, dated 28 August 2004
* 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 enlisted in the Regular Army on 25 March 1969.

3.  Headquarters, 3d Advanced Individual Training Brigade, Special Orders Number 123, dated 28 June 1969, awarded him the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16).

4.  Headquarters, 3d Advanced Individual Training Brigade, Special Orders Number 133, dated 14 July 1969, awarded him the Marksman Marksmanship Qualification Badge with Machine Gun Bar (M-60).

5.  He served in Vietnam from 24 August 1969 to on or about 20 April 1970 and he participated in two campaigns.  While serving in Vietnam, he was assigned to:

* 23d Infantry (Americal) Division Combat Center, 23rd Adjutant General Administration Replacement Detachment, as a student during the period 26 August 1969 through 6 September 1969
* Troop A, 1st Squadron, 1st Cavalry Regiment, 11th Infantry Brigade, 23d Infantry (Americal) Division, during the period 7 September 1969 through 20 April 1970

6.  Headquarters, Americal Division, General Orders Number 393, dated 11 January 1970, awarded him the Purple Heart for wounds received in connection with military operations against a hostile force in the Republic of Vietnam on 9 January 1990.

7.  His DA Form 20 (Enlisted Qualification Record) shows in:

* item 38 (Record of Assignment ) – all "excellent" conduct and efficiency ratings except for a brief nonrated period while he was assigned as a student to the Americal Combat Center, 23rd Adjutant General Administration Replacement Detachment
* item 40 (Wounds) – fragment wound right hand, 9 January 1970
* item 41 (Awards and Decorations) –

* National Defense Service Medal
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar
* Vietnam Service Medal
* Combat Infantryman Badge (1st Award)
* Purple Heart
* Army Commendation Medal
* two overseas service bars

8.  On 23 April 1970, he was honorably released from active duty.  He completed 1 year and 29 days of net active service during this period.  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
* Army Commendation Medal
* two overseas service bars

9.  He provided a letter from the National Personnel Records Center, dated 28 August 2004, that verified his entitlement to award of the:

* Purple Heart
* Army Commendation Medal
* National Defense Service Medal
* Vietnam Service Medal with one bronze service star
* Combat Infantryman Badge (1st Award))
* Republic of Vietnam Campaign Medal with Device (1960)
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar

10.  His records are void of a commander's disqualification that would have prevented him from being recommended for or awarded the first award of the Army Good Conduct Medal for his period of honorable service from 25 March 1969 through 23 April 1970.

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

12.  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.

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 1st Squadron, 1st Cavalry, was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 24 August 1969 through 31 December 1969 by Department of the Army General Orders Number 42, dated 1972.

DISCUSSION AND CONCLUSIONS:

1.  General orders awarded him the Purple Heart.  His DD Form 214 should be corrected to show this award.

2.  He served honorably during the period 25 March 1969 through 23 April 1970. 
He completed 1 year and 29 days of net active service during this period and he received all "excellent" conduct and efficiency ratings.  His records do not contain a commander's disqualification statement for the first award of the Army Good Conduct Medal.  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.  He was awarded the Vietnam Service Medal and he participated in two campaigns.  His DD Form 214 should be corrected to show award of the Vietnam Service Medal with two bronze service stars.

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

4.  General orders awarded his unit the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  His DD Form 214 should be corrected to show this unit award.


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 25 March 1969 through 23 April 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:

* Purple Heart
* Army Good Conduct Medal (1st Award)
* Vietnam Service Medal with two bronze service stars
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16)
* Marksman Marksmanship Qualification Badge with 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)                                         AR20140020906



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ABCMR Record of Proceedings (cont)                                         AR20140020906



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