IN THE CASE OF:	  

	BOARD DATE:	  17 July 2008

	DOCKET NUMBER:  AR20080001467 


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 Armed Forces of the United States Report of Transfer or Discharge (DD Form 214) to show award of the Silver Star.

2.  The applicant states that his award of the Silver Star was left off of his 
DD Form 214.

3.  The applicant provides copies of his DD Form 214 and orders awarding him the Silver Star.

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.  On 8 August 1967, the applicant was inducted into the Army of the United States for 2 years.  He completed his initial training and was awarded military occupational specialty 11B (Light Weapons Infantryman).

3.  Item 29 (Qualification in Arms) of the applicant’s Enlisted Qualification Record (DA Form 20) shows that on 13 December 1967 he qualified as a marksman with the M-60 machine gun.

4.  On 24 May 1968, the applicant completed the Basic Airborne Course and was awarded the Parachutist Badge.

5.  On 10 September 1968, the applicant was assigned to the Republic of Vietnam.  He was subsequently assigned for duty as a Team Leader with 
D Company, 3rd Battalion, 187th Infantry Regiment, 101st Airborne Division. 

6.  On 6 June 1969, the applicant returned to the United States and was released from active duty.  He had attained the rank of sergeant, pay grade E-5 and had completed 1 year, 9 months, and 28 days of creditable active duty.

7.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214, lists his awards as the National Defense Service Medal, Purple Heart, Air Medal, Bronze Star Medal, Army Commendation Medal, Vietnam Service Medal, Republic [of] Vietnam Campaign Medal with Device (1960), Combat Infantryman Badge, Expert Marksmanship Qualification Badge with [M-14] Rifle Bar, and the Sharpshooter Marksmanship Qualification Badge with [M-16] Rifle Bar.  It does not show award of the Silver Star. 

8.  The Awards and Decorations Computer Assisted Retrieval System (ADCARS) contains a copy of General Orders Number 13640, Headquarters, 101st Airborne Division (Airmobile), dated 12 November 1969, awarding the applicant the Silver Star for gallantry in action in the Republic of Vietnam on 18 May 1969.    

9.  Review of the applicant's records indicate entitlement to additional awards and decorations that are not shown on his DD Form 214.

10.  Item 38 (Record of Assignments) of the applicant's Enlisted Qualification Record (DA Form 20) shows that his conduct and efficiency were excellent.  The applicant’s records do not contain any evidence of disciplinary action.  There is no evidence to show that the commander took any action to deny him the Army Good Conduct Medal. 

11.  Army Regulation 672-5-1, in effect at the time, provided that the Army Good Conduct Medal was awarded to individuals who had completed a qualified period of active duty enlisted service.  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.  The enlisted person must have had all "excellent" conduct and efficiency ratings and no convictions by a court-martial.  Ratings of "Unknown" for 
portions of the period under consideration are not disqualifying.  Service and efficiency ratings based upon academic proficiency of at least "Good" rendered subsequent to 22 November 1955 are not disqualifying.

12.  Appendix B of Army Regulation 600-8-22 shows that based on the applicant's dates of service in the Republic of Vietnam, he participated in the following five campaign periods: the Vietnam Counteroffensive, Phase IV; the Vietnam Counteroffensive, Phase V; the Vietnam Counteroffensive, Phase VI; the Tet 69 Counteroffensive, 1969; and the Vietnam Summer-Fall 1969.  This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.  A silver service star denotes participation in five campaigns.

13.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in the Republic of Vietnam.  This publication shows that the 3rd Battalion, 187th Infantry Regiment, during the time of the applicant's assignment, was cited in Department of the Army General Orders (DAGO) Number 38, dated 1971, for award of the Presidential Unit Citation; in DAGO Number 22, dated 1976, for award of the Meritorious Unit Commendation; in DAGO Number 2, dated 1971, for award of the Valorous Unit Award; in DAGO Number 43, dated 1976, for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation; and in DAGO Number 48, dated 1971, for award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.   

DISCUSSION AND CONCLUSIONS:

1.  General Orders show that the applicant was awarded the Silver Star for gallantry in action on 18 May 1969.  Therefore, his records should be corrected to show this award.

2.  The applicant’s records clearly show that he distinguished himself in the performance of his military service.  Therefore, it is presumed that his not receiving an Army Good Conduct Medal for his service was an oversight.  Accordingly, he should be awarded this medal.

3.  The applicant’s unit was cited in general orders for award of the Presidential Unit Citation, the Meritorious Unit Commendation, and the Valorous Unit Award.  Therefore, his records should be corrected to show these unit awards.

4.  The applicant’s unit was cited in general orders for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.  Therefore, his records should be corrected to show these foreign unit awards.

5.  Records show that the applicant participated in five campaign periods during his service in the Republic of Vietnam.  Therefore, he is eligible for award of a silver service star to be affixed to his Vietnam Service Medal.

6.  Records show the applicant qualified as a marksman with the M-60 machine gun.  Therefore his records should be corrected to show award of the Marksman Marksmanship Qualification Badge with Machinegun Bar.

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:

     a.  awarding him the Army Good Conduct Medal for the period from 
8 August 1967 to 6 June 1969; and

     b.  showing, that in addition to the awards already shown on his DD Form 214, his authorized awards include the Silver Star, Presidential Unit Citation, Meritorious Unit Commendation, Valorous Unit Award, Army Good Conduct Medal, a silver service star to be affixed to his already awarded Vietnam Service 
Medal, Republic of Vietnam Gallantry Cross with Palm Unit Citation, Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, and the Marksman Marksmanship Qualification Badge with Machinegun Bar.



	__________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)                                         AR20070016793



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ABCMR Record of Proceedings (cont)                                         AR20080001467



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