IN THE CASE OF:	  

	BOARD DATE:	  20 May 2008

	DOCKET NUMBER:  AR20080003814 


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 that a second Bronze Star Medal, two Purple Hearts, the Air Medal, the Army Good Conduct Medal, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, and an unspecified unit citation be added to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).

2.  The applicant states he received a head wound while he was a platoon sergeant on 6 May 1969.  As a result of that battle he received a Bronze Star Medal with “V” Device and a Purple Heart.  He had been injured earlier in the year and had a Purple Heart for that injury.  He was informed that as a result of the May 1969 battle they received additional unit awards.  He is still in contact with his platoon leader, who can verify his awards.

3.  The applicant provides a copy of his DD Form 214 and a copy of his military identification card.

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 requested that a second award of the Bronze Star Medal be added to his DD Form 214, stating he had been awarded the Bronze Star Medal with “V” Device.  However, there are no orders or other evidence on file in his Official Military Personnel File that confirms award of the Bronze Star Medal with “V” Device.  He was awarded two awards of the Bronze Star Medal, and he may believe that the second award should be changed to a Bronze Star Medal with “V” Device.  In the absence of authority for this award, he may request award of the Bronze Star Medal with “V” Device under the provisions of Section 1130 of Title 10 of the United States Code.  The applicant has been notified by separate correspondence of the procedures for applying for this award under Section 1130 of Title 10 of the United States Code.  As a result, the request for award of the Bronze Star Medal with “V” Device will not be discussed further in the Record of Proceedings.

3.  The applicant was inducted into the Army on 15 December 1969.  He completed basic combat training and advanced individual training and was awarded military occupational specialty 11B (Light Weapons Infantryman).

4.  The applicant’s DA Form 20 (Enlisted Qualification Record) shows he arrived in Vietnam and was assigned to Company B, 2d Battalion, 8th Cavalry, on        16 November 1968.  He was reassigned to Company D, 2d Battalion, on             9 January 1969.  

5.  Headquarters, 1st Cavalry Division (Airmobile), General Orders Number 798, dated 18 January 1969, awarded the applicant the Bronze Star Medal for meritorious service for the period November 1968 to December 1968.

6.  The applicant was reassigned to Company C, 2d Battalion, 8th Cavalry, on   28 February 1969.

7.  Headquarters, 1st Air Cavalry Division, General Orders Number 2894, dated  9 March 1969, awarded the applicant the Purple Heart for wounds received on 22 February 1969.

8.  Headquarters, 1st Air Cavalry Division, General Orders Number 5630, dated  9 May 1969, awarded the applicant the Purple Heart with 1st oak leaf cluster for wounds received on 6 May 1969.
9.  On 12 May 1969, the applicant was medically evacuated to Japan.  He had been credited with participating in two campaigns.

10.  Headquarters, 1st Cavalry Division (Airmobile), General Orders Number 6649, dated 28 May 1969, awarded the applicant the Bronze Star Medal for meritorious service for the period November 1968 to May 1969.

11.  Headquarters, 1st Cavalry Division (Airmobile), General Orders Number 7107, dated 5 June 1969, awarded the applicant the Air Medal.

12.  On 22 September 1969, the applicant was permanently retired due to disability, in the rank and grade of Sergeant, E-5, after completing 1 year,           9 months, and 8 days of creditable active service with no lost time.  His DD Form 214 shows he was awarded the National Defense Service Medal, the Bronze Star Medal, the Combat Infantryman Badge, the Vietnam Service Medal, the Republic of Vietnam Campaign Medal with Device (1960), and the Sharpshooter Marksmanship Qualification Badge (M-14 Rifle).

13.  There is no evidence of record to show the applicant was awarded the Army Good Conduct Medal.  There is no evidence of record to show the applicant was disqualified for award of the Army Good Conduct Medal.  There is no derogatory information in his records.  His DA Form 20 shows his conduct and efficiency were rated as “excellent” throughout his service.

14.  Army Regulation 672-5-1, in effect at the time, provided policy and criteria concerning individual military decorations.  It stated that 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 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.  At the time, a Soldier’s conduct and efficiency ratings must have been rated as “excellent” for the entire period of qualifying service.

15.  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 shows that, at the time of the applicant's assignment to Company C, 2d Battalion, 8th Cavalry, it was cited for award of the Valorous Unit Award for the period 6 May 1969 by Department of the Army General Order (DAGO) Number 39, dated 1970.

16.  Department of the Army Pamphlet 672-3 shows that, at the time of the applicant's assignment to the 2d Battalion, 8th Cavalry, it was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period      9 August 1965 through 19 May 1969 by DAGO Number 59, dated 1969.
17.  Department of the Army Pamphlet 672-3 shows that, at the time of the applicant's assignment to the 2d Battalion, 8th Cavalry, it was cited for a second award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 17 September 1965 through June 1972 by DAGO Number 54, dated 1975.

18.  Department of the Army Pamphlet 672-3 states that not more than one Republic of Vietnam Gallantry Cross Unit Citation will be worn by any individual.  Although multiple awards of this unit citation badge may not be worn, official military personnel and historical records will indicate all awards received.

19.  Department of the Army Pamphlet 672-3 also shows that, at the time of the applicant's assignment to the 2d Battalion, 8th Cavalry, it was cited for award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 1 January 1969 through 1 February 1970 by DAGO Number 42, dated 1972.

20.  Army Regulation 600-8-22 (Military Awards) authorizes award of a bronze service star, based on qualifying service, for each campaign listed in Appendix   B of this regulation.  Authorized bronze service stars will be worn on the appropriate campaign or service medal, including the Vietnam Service Medal.  

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant was awarded two awards of the Bronze Star Medal, two awards of the Purple Heart, and the Air Medal.  These awards should be shown on his DD Form 214.

2.  There is no evidence of record to show the applicant was awarded the Army Good Conduct Medal.  However, he completed over 21 months of creditable active service with no lost time.  He had no derogatory information in his records, and his conduct and efficiency were rated as “excellent” throughout his service.  It appears he met the eligibility criteria for award of the Army Good Conduct Medal for the period 15 December 1967 through 22 September 1969.

3.  The applicant was assigned to the 2d Battalion, 8th Cavalry, during a period of time it was twice awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  Although he may wear only one of these awards, both of these unit awards should be added to his DD Form 214.

4.  The applicant was assigned to the 2d Battalion, 8th Cavalry, during a period of time it was awarded the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.  This unit award should be added to his DD Form 214.
5.  The applicant was assigned to Company C, 2d Battalion, 8th Cavalry, during a period of time it was awarded the Valorous Unit Award.  This unit award should be added to his DD Form 214.  

6.  The applicant was credited with participating in two campaigns.  Therefore, he is eligible to wear two bronze service stars on his Vietnam Service Medal, and his DD Form 214 should be amended to reflect this fact.

BOARD VOTE:

___xx___  ___xx___  ___xxx __  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 first award of the Army Good Conduct Medal for the period 15 December 1967 through 22 September 1969; and

     b.  amending his DD Form 214 to add the Army Good Conduct Medal, the Air Medal, the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, the Valorous Unit Award, two awards of the Purple Heart, and two awards of the Republic of Vietnam Gallantry Cross with Palm Unit Citation; to 
show he was awarded two awards of the Bronze Star Medal; and to show he is authorized to wear two bronze service stars on his already-awarded Vietnam Service Medal.




	_________xxx______________
      	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)                                         AR20080003814



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ABCMR Record of Proceedings (cont)                                         AR20080003814



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