RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  24 July 2007
	DOCKET NUMBER:  AR20060017420 


	I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual.


Ms. Catherine C. Mitrano

Director

Mr. Paul Wright

Analyst

The following members, a quorum, were present:


Mr. John Infante

Chairperson

Ms. Rose M. Lys

Member

Mr. James R. Hastie

Member

	The Board considered the following evidence:

	Exhibit A - Application for correction of military records.

	Exhibit B - Military Personnel Records (including advisory opinion, if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests, in effect, all medals and badges to which he may be entitled as a result of his service in Vietnam.

2.  The applicant states his record is incomplete.

3.  The applicant provides a copy of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), a copy of General Orders Number 15696, dated 9 December 1969, a copy of General Orders Number 4922 dated 22 April 1969, a copy of General Orders Number 14896 dated 
12 December 1968, a copy General Orders Number 9770 dated 14 August 1969, a page from U.S Army Organization in Vietnam, and a page from DA Pamphlet 672-3.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice which occurred on 26 October 1969.  The application submitted in this case is dated 
7 December 2006.

2.  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 allows the Army Board for Correction of Military Records (ABCMR) to excuse failure to file within the 3-year statute of limitations if the ABCMR determines that it would be in the interest of justice to do so.  In this case, the ABCMR will conduct a review of the merits of the case to determine if it would be in the interest of justice to excuse the applicant’s failure to timely file.

3.  On 29 November 1967, the applicant was inducted into the Army of the United States for a period of 2 years.  He completed Basic Combat Training (BCT) and Advanced Individual Training (AIT).  Upon graduation, he was awarded military occupational specialty (MOS) 11B, Light Weapons Infantryman.

4.  The applicant was assigned to Vietnam from 27 October 1968 to 26 Oct 1969. He was assigned to Company D, 2nd Battalion, 8th Cavalry, 1st Cavalry Division (Airmobile).

5.  On 26 October 1969, the applicant was honorably released from Active Duty and assigned to the U.S. Army Reserve Control Group (Annual Training).  His DD Form 214 shows he was awarded the National Defense Service Medal, the Vietnam Service Medal, the Republic of Vietnam Campaign Medal, the Combat Infantryman Badge, the Army Commendation Medal, the Bronze Star Medal, the Air Medal, and the Purple Heart.  Subsequently, he was honorably discharged from the U.S. Army Reserve Control Group (Standby) on 1 November 1973.

6.  General Orders Number 4922, dated 22 April 1969, published by Headquarters, 1st Cavalry Division (Airmobile) awarded the applicant the Army Commendation Medal with "V" Device for valor for action on 27 January 1969.  Subsequently, General Orders Number 15696, dated 9 December 1969, published by Headquarters, 1st Cavalry Division (Airmobile) awarded the applicant the Army Commendation Medal with "V" Device for valor for action on 
2 May 1969.

7.  General Orders Number 14896, dated 12 December 1968, published by Headquarters, 1st Cavalry Division (Airmobile) awarded the applicant the Purple Heart for wounds received on 4 December 1968.  Subsequently, General Orders Number 9770, dated 14 August 1969, published by Headquarters, 1st Cavalry Division (Airmobile) awarded the applicant the Purple Heart with First Oak Leaf Cluster for wounds received on 12 August 1969.

8.  Army Regulation 672-5-1 (Military Awards), in effect at the time when the service member was discharged, required that throughout a qualifying period of service for award of the Good Conduct Medal the enlisted person must have had all “excellent” conduct and efficiency ratings and no convictions by a court-martial.  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.  With the publication of the new Army Regulation 672-5-1, in 1974, the requirement for all excellent conduct and efficiency ratings was dropped and an individual was required to show that he/she willingly complied with the demands of the military environment, had been loyal and obedient, and faithfully supported the goals of his organization and the Army.  Today, Army Regulation 600-8-22 (Military Awards), which replaced Army Regulation 672-5-1, notes that there is no automatic entitlement to the Army Good Conduct Medal and disqualification must be justified.  Current practice requires that the commander provide written notice of nonfavorable consideration and permits the individual to respond.

9.  AR 600-8-22, in pertinent part, authorizes award of a bronze service star, based on qualifying service, for each campaign listed in Appendix B of this regulation and states that authorized bronze service stars will be worn on the appropriate service medal.  The applicant served in Vietnam during four campaigns -- Vietnam Counteroffensive, Phase V, which extended from 1 July through 1 November 1968; Vietnam Counteroffensive, Phase VI, which extended from 2 November 1968 through 22 February 1969; Tet 69 Counteroffensive, which extended from 23 February through 8 June 1969; and Vietnam Summer-Fall 1969, which extended from 9 June through 31 October 1969.

10.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in Vietnam.  This document show the unit to which the applicant was assigned was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 9 August 1965 to 19 May 1969 by Department of the Army General 
Orders 59, dated 1969.  The unit was also awarded the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 1 January 1969 to
1 February 1970 by Department of the Army General Orders 42, dated 1972.

11.  Special Orders Number 29, dated 2 February 1968, published by Headquarters, U.S. Army Training Center (AD), Fort Bliss shows the applicant was awarded the Sharpshooter Marksmanship Qualification Badge with M-14 Rifle Bar.

12.  Special Orders Number 069, dated 18 March 1968, published by Headquarters, U.S. Army Training Center, Infantry and Fort Polk shows the applicant was awarded the Sharpshooter Marksmanship Qualification Badge with M-60 Machine Gun Bar.

13.  Special Orders Number 069, dated 18 March 1968, published by Headquarters, U.S. Army Training Center, Infantry and Fort Polk shows the applicant was awarded the Marksman Marksmanship Qualification Badge with M-16 Rifle Bar.

14.  Army Regulation 670-1 (Wear and Appearance of Army Uniforms and Insignia, in effect at the time, governs the requirements for the Oversea Service Bar.  In pertinent part, it provides that a bar is authorized for wear for each period of active Federal service as a member of the U.S. Army outside of the continental limits of the United States.  There are special provisions regarding authorization for the Overseas Service Bar for service in a hostile fire zone and for combining service to calculate award of the bars.  For Vietnam service, one overseas service bar is authorized for each period of 6 months active Federal service as a member of a U.S. Service in Vietnam from 1 July 1958 to 28 March 1973.  Both the month of arrival and the month of departure from Vietnam are counted as a whole months for credit toward the overseas service bar.



DISCUSSION AND CONCLUSIONS:

1.  The applicant's DD Form 214 only shows one award of the Purple Heart.  However, he was awarded a second Purple Heart with Oak Leaf Cluster.  Therefore, his DD Form 214 should be corrected to reflect the proper award designation.

2.  The applicant's DD Form 214 only shows one award of the Army Commendation Medal.  Official orders show he was awarded the Army Commendation Medal with "V" Device on two separate occasions.  Therefore, his DD Form 214 should be corrected to reflect the proper award designation.

3.  The applicant served honorably and faithfully throughout his period of induction.  During this period, the applicant was awarded the Purple Heart with Oak Leaf Cluster and Army Commendation Medal with "V" Device with Oak Leaf Cluster.  He entered active duty in the rank of Private (PVT/E-1) and was released from active duty in the rank of temporary Staff Sergeant (SSG/E-6).  He achieved that rank in a period of 1 year, 10 months, and 28 days of active duty.  There is no indication of any lost time or indiscipline in the applicant's available personnel records or that he was otherwise disqualified from receiving the GCMDL by any of his unit commanders.  He is therefore entitled to award of the GCMDL for the period 29 November 1967 through 26 October 1969.

4.  The applicant’s DD Form 214 shows the Vietnam Service Medal as an authorized award.  However, evidence of record shows the applicant participated in four campaigns during his assignment in Vietnam which is not correctly shown by award of four bronze service stars for wear on his Vietnam Service Medal.  Therefore, in accordance with the governing regulation, the applicant is entitled to the Vietnam Service Medal with four bronze service stars and correction of his DD Form 214 to show these awards.

5.  General Orders show the applicant is entitled to award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  Therefore, he is entitled to a correction of his records to show award of this foreign unit award.

6.  General Orders show the applicant is entitled to award of the Republic of Vietnam Civil Actions Honor Medal First Class Citation.  Therefore, he is entitled to a correction of his records to show award of this foreign unit award.

7.  Special Orders show the applicant was awarded the Sharpshooter Marksmanship Qualification Badge with M-14 Rifle Bar.  Therefore, he is entitled to have this badge correctly reflected on his DD Form 214.
8.  Special Orders show the applicant was awarded the Sharpshooter Marksmanship Qualification Badge with M-60 Machine Gun Bar.  Therefore, he is entitled to have this badge correctly reflected on his DD Form 214.

9.  Special Orders show the applicant was awarded the Marksman Marksmanship Qualification Badge with M-16 Rifle Bar.  Therefore, he is entitled to have this badge correctly reflected on his DD Form 214.

10.  The applicant served 12 months in Vietnam and is entitled to have two Overseas Service Bars added to his DD Form 214.

11.  Records show the applicant should have discovered the alleged error or injustice now under consideration on 26 October 1969; therefore, the time for the applicant to file a request for correction of any error or injustice expired on 
25 October 1972.  The applicant did not file within the 3-year statute of limitations; however, based on the available evidence, it would be in the interest of justice to excuse failure to timely file in this case.

BOARD VOTE:

__ji____  __rml___  __jrh___  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 and to excuse failure to timely file.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

	a.  Publishing orders awarding the applicant the Good Conduct Medal for the period 29 November 1967 through 26 October 1969;

	b.  Deleting the Vietnam Service Medal, the Army Commendation Medal, and the Purple Heart from his DD Form 214 ending on 26 October 1969; and

	c.  Adding the Vietnam Service Medal with 4 bronze service stars, the Army Commendation Medal with "V" Device with Oak Leaf Cluster, the Purple Heart with Oak Leaf Cluster, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, the Good Conduct Medal, the Sharpshooter Marksmanship Qualification Badge with M-14 Rifle Bar, the Sharpshooter Marksmanship Qualification Badge with M-60 Machine Gun Bar, the Marksman Marksmanship Qualification Badge with M-16 Rifle Bar, and two Overseas Service Bars.




						John Infante
______________________
          CHAIRPERSON




INDEX

CASE ID
AR20060017420
SUFFIX

RECON

DATE BOARDED
20070724
TYPE OF DISCHARGE

DATE OF DISCHARGE

DISCHARGE AUTHORITY

DISCHARGE REASON

BOARD DECISION
(GRANT)
REVIEW AUTHORITY

ISSUES         1.
107.0056
2.
107.0015
3.
107.0020
4.
107.0094
5.
107.0095
6.
107.0109