IN THE CASE OF:	  

	BOARD DATE:	  16 September 2008

	DOCKET NUMBER: AR20080007276 


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 a second Silver Star and the Air Medal.

2.  The applicant states, in effect, that these awards were omitted from his DD Form 214. 

3.  The applicant provides copies of his DD Form 214, Orders and certificate 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 20 September 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 (Infantryman).

3.  On 20 August 1968, the applicant was assigned for duty in the Republic of Vietnam.  On 26 August 1968, he was further assigned as a squad leader with 
E Company, 2nd Battalion, 5th Cavalry Regiment, 1st Air Cavalry Division.

4.  General Orders Number 4262, Headquarters, 1st Cavalry Division, dated
7 April 1969, awarded the applicant the Air Medal for meritorious achievement while participating in aerial flight in the Republic of Vietnam during the period from August 1968 to March 1969.

5.  General Orders Number 6546, Headquarters, 1st Cavalry Division, dated
26 May 1969, awarded the applicant the Silver Star for gallantry in action while engaged in military operations involving conflict with an armed hostile force in the Republic of Vietnam on 14 May 1969. 

6.  General Orders Number 8655, Headquarters, 1st Cavalry Division, dated
14 July 1969, awarded the applicant the Silver Star for gallantry in action while engaged in military operations involving conflict with an armed hostile force in the Republic of Vietnam on 10 April 1969. 

7.  On 14 August 1969, the applicant returned to the United States.  On 
18 August 1969, he was released from active duty and transferred to the United States Army Reserve (USAR) Control Group (Annual Training) to complete his remaining military service obligation.  He had attained the rank of staff sergeant, pay grade E-6, and had completed 1 year, 10 months, and 29 days of creditable active duty. 

8.  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, Silver Star, Purple Heart, Bronze Star Medal with “V” Device and 1st Oak Leaf Cluster, Combat Infantryman Badge, and the Vietnam Service Medal.  It does not show award of a second Silver Star or an Air Medal.  

9.  Review of the applicant's records indicates 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 qualifying 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 four campaign periods: the Vietnam Counteroffensive, Phase V; the Vietnam Counteroffensive, Phase VI; the Tet 69 Counteroffensive, 1969; and the Vietnam Summer-Fall 1969.

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 5th Cavalry Regiment, during the time of the applicant's assignment, was cited in Department of the Army General Orders Number 59, dated 1969, for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation. 

14.  Item 41 (Awards and Decorations) of the applicant’s Enlisted Qualification Record (DA Form 20) shows that Special Orders Number 263, United States Army Training Center, Fort Benning, Georgia, dated 6 November 1967, awarded him the Marksman Marksmanship Qualification Badge with Rifle [M-14] Bar.

15.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, for award of the Vietnam Campaign Medal with Device (1960).  This medal was awarded by the Government of Vietnam to all members of the Armed Forces of the United States for qualifying service in Vietnam during the period 1 March 1961 through 28 March 1973.  Qualifying service included assignment in Vietnam for 6 months or more.

16.  Army Regulation 600-8-22 (Military Awards) further provides, in pertinent part, that subsequent awards of the Silver Star are denoted by oak leaf clusters affixed to the award ribbon.
 
DISCUSSION AND CONCLUSIONS:

1.  General orders show that the applicant was twice awarded the Silver Star for gallantry in action during his service in the Republic of Vietnam.  Therefore, his records should be corrected to show award of the Silver Star with 1st Oak Leaf Cluster.

2.  General orders show that the applicant was awarded the Air Medal for meritorious achievement during his service in the Republic of Vietnam.  Therefore, his records should be corrected to show this award.

3.  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.

4.  Records show that the applicant participated in four campaign periods during his service in the Republic of Vietnam.  Therefore, he is eligible for award of four bronze service stars to be affixed to his Vietnam Service Medal.

5.  The applicant's unit was cited in general orders for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  Therefore, his records should be corrected to show this foreign unit award. 

6.  Records show the applicant qualified as a marksman with his M-14 rifle.  Therefore his records should be corrected to show award of the Marksman Marksmanship Qualification Badge with Rifle Bar.

7.  Records show that the applicant served during a qualifying period for award of the Republic of Vietnam Campaign Medal with Device (1960).  Therefore, his records should be corrected to show this award.







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 
20 September 1967 to 18 August 1969; and

b.  showing that, in addition to the awards already shown on his DD Form
214, his awards include an Oak Leaf Cluster to be affixed to his already awarded Silver Star, Air Medal, Army Good Conduct Medal, four bronze service stars to be affixed to his already awarded Vietnam Service Medal, Republic of Vietnam Campaign Medal with Device (1960), Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Marksman Marksmanship Qualification Badge with Rifle 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)                                         AR20080007276



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