BOARD DATE:	  24 September 2015

		DOCKET NUMBER:  AR20150001343 


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 his award of the:

* Expert Marksmanship Qualification Badge with Rifle Bar (M-16)
* Combat Infantryman Badge
* Bronze Star Medal with "V" Device
* Air Medal

2.  The applicant states these awards were omitted from his DD Form 214.  Upon his discharge from the Army in 1971, like most veterans, he didn't really talk about his service due to the hostile environment in the country.  Like most, he put away his military records and didn't bother with them again.  In 2007, he went to the Department of Veterans Affairs for treatment of a benign brain tumor and discovered his DD Form 214 was incorrect.  Since 2007, he has had several other health issues which delayed him from requesting a correction.  In 2014, he was diagnosed with a rare form of leukemia as a result of his exposure to Agent Orange in Vietnam.  He wants to have all of his records in order so his family will have a clear record of his military service.

3.  The applicant provides copies of the following:

* Special Orders Number (SO) 168 and 268
* General Orders (GO) Number 20816, 22067, and 5262
* 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 the cases 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.

2.  The applicant's military records show he was inducted into the Army of the United States on 20 June 1969.  He was awarded military occupation specialty 11B (light weapons infantryman).

3.  Headquarters, U.S. Army Training Center, Fort Bliss, TX, issued the following orders on/for:

* SO Number 167, 8 August 1969, awarding him the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)
* SO Number 168, 11 August 1969, awarding him the Expert Marksmanship Qualification Badge with Rifle Bar (M-16)

4.  SO Number 213, issued by Headquarters, 3rd Advanced Individual Training Brigade, Fort Gordon, GA on 3 October 1969, awarded him the Marksmanship Qualification Badge with Automatic Rifle Bar (M-16).

5.  He served in Vietnam from 24 July 1970 through 4 April 1971, during one campaign.  He was assigned to Company D, 2nd Battalion, 12th Cavalry, 1st Cavalry Division (AM), from 24 August 1970 through 30 March 1971.

6.  Headquarters, 1st Cavalry Division, issued the following orders pertaining to the applicant:

* SO Number 263, 20 September 1970, awarding him the Combat Infantryman Badge
* GO Number 20816, 30 November 1970, awarding him the Bronze Star Medal with "V" Device for heroism in connection with ground operations against a hostile force in Vietnam on 11 October 1970
* GO Number 22067, 23 December 1970, awarding him the Air Medal for meritorious achievement while participating in aerial flight in Vietnam from June to December 1970
* GO Number 5262, 12 March 1971, awarding him the Bronze Star Medal for meritorious achievement involving participation in aerial flight, in connection with ground operations against a hostile force in Vietnam from 10 February through 25 March 1971

7.  He was honorably released from active duty in rank/grade of sergeant (SGT/E-5) on 4 April 1971 and he was transferred to the U.S. Amy Reserve Control Group.  He completed 1 year, 9 months, and 15 days of total active service.  His DD Form 214 lists the:

* National Defense Service Medal
* Vietnam Service Medal
* Vietnam Campaign Medal
* Army Commendation Medal
* Bronze Star Medal

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

* Item 38 (Record of Assignments) he received all "excellent" conduct and efficiency ratings throughout his period of service, there is no evidence of a commander's disqualification for award of the Army Good Conduct Medal during his period of service 
* Item 41 (Awards and Decorations) lists all the awards listed on his DD Form 214 except the Air Medal, Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14 and M-16), and Bronze Star Medal with "V" Device

9.  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 service entirely during the period 7 December 1941 through 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.  There must have been no convictions by a court-marital.

10.  Army Regulation 600-8-22 (Military Award) states a bronze star is authorized for wear on the Vietnam Service Medal to denote campaign participation.  It also states awards (Decorations and Army Good Conduct Medal) made by the President, the Secretary of Defense, and the Secretary of the Army will be announced in Department of the Army General Orders (DAGO).

11.  DA Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows his unit, 2nd Battalion, 12th Cavalry, was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation, for the period from 21 February 1970 through 28 February 1971, by Department of the Army General Orrders ( DAGO) Number 42, dated 1972.

DISCUSSION AND CONCLUSIONS:

1.  SO awarded the applicant the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14), Expert Marksmanship Qualification Badge with Rifle Bar (M-16), Marksmanship Qualification Badge with Automatic Rifle Bar (M-16), and Combat Infantryman Badge during his period of service.  None of these badges are shown on his DD Form 214.

2.  GO awarded him the Bronze Star Medal with "V" Device and Air Medal during his period of service in Vietnam, neither of which is shown on his DD Form 214.

3.  He met the criteria for award of the Army Good Conduct Medal by serving honorably from 20 June 1969 through 4 April 1971, serving in Vietnam, attaining the rank/grade of SGT/E-5, earning multiple valor awards, and receiving all "excellent" conduct and efficiency ratings throughout his military service.  His records contain no derogatory information that would have disqualified him from receiving the first award of the Army Good Conduct Medal (1st Award).

4.  He was awarded the Vietnam Service Medal.  He also participated in one campaign during his service in Vietnam.  He meets the criteria for award of one bronze service star for wear on his already-awarded Vietnam Service Medal and to correction of his DD Form 214 to show this service star.

5.  GO awarded his unit in Vietnam the Republic of Vietnam Gallantry Cross with Palm Unit Citation during his period of assignment.  This unit award is not listed on his DD Form 214. 


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 his period of service from 20 June 1969 through 4 April 1971
* deleting from his DD Form 214 the Vietnam Service Medal and Bronze Star Medal 
* adding to this DD Form 214 the:

* Army Good Conduct Medal (1st Award)
* Bronze Star Medal (2nd Award) with "V" Device
* Air Medal
* Vietnam Service Medal with one bronze service star
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)
* Expert Marksmanship Qualification Badge with Rifle Bar (M-16)
* Marksmanship Qualification Badge with Automatic Rifle Bar (M-16)
* Combat Infantryman Badge
* Republic of Vietnam Gallantry Cross with Palm Unit Citation



      _________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)                                         AR20150001343





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ABCMR Record of Proceedings (cont)                                         AR20150001343



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