IN THE CASE OF:	  

		BOARD DATE:	        3 MARCH 2009

		DOCKET NUMBER:  AR20080019135 


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 his 1968 DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to reflect award of the Bronze Star Medal and Air Medal.

2.  The applicant states the two awards were not on his DD Form 214 and this oversight should be corrected.

3.  The applicant provides no additional evidence in support of his request.

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.  Records available to the Board indicate the applicant entered active duty as an enlisted Regular Army Soldier on 31 August 1966.  Following completion of training the applicant was briefly assigned to an infantry platoon at Fort Benning, Georgia prior to being reassigned to Vietnam in June 1967.  While in Vietnam the applicant was assigned to the 25th Infantry Platoon (Scout Dog), part of the 1st Cavalry Division.

3.  On 20 October 1967 the applicant sustained a fragment wound to his right eye and was subsequently evacuated from Vietnam.  On 12 April 1968 he was retired by reason of physical disability.  At the time of his retirement he had 
1 year, 7 months, and 12 days of active Federal service.

4.  Orders issued by the 1st Cavalry Division on 1 December 1967, after the applicant had departed Vietnam, awarded him the Air Medal for meritorious achievement for the period July 1967 to October 1967.  That same organization, on 4 January 1968, awarded the applicant a Bronze Star Medal for meritorious achievement.  Copies of the orders are contained in the applicant’s Official Military Personnel File (OMPF).  Neither award, however, was recorded on the applicant’s April 1968 DD Form 214.

5.  The applicant's DD Form 214 shows he was awarded two awards of the Purple Heart, the National Defense Service Medal, the Vietnam Service Medal, the Republic of Vietnam Campaign Medal with device (1960), the Combat Infantryman Badge, the "Unit Citation,", the Expert Marksmanship Qualification Badge with Rifle Bar (M-16), and the Marksman Marksmanship Qualification Badge with Rifle Bar (M-14).

6.  Item 38 (Record of Assignments) on the applicant’s DA Form 20 (Enlisted Qualification Record) reflect all “excellent” or “unknown” rating for conduct and efficiency during his period of military service.  His OMPF reflects no records of discipline.

7.  Appendix B of Army Regulation 600-8-22 (Military Awards) shows the campaigns for Vietnam.  During the applicant’s tours in Vietnam he participated in one campaign.  This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.  The applicant’s DD Form 214 reflects entitlement to the Vietnam Service Medal but does not reflect a bronze service star denoting participation in one campaign.



8.  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 the unit, to which the applicant was assigned, was cited for award of 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 Order Number 59, dated 1969.  

9.  Army Regulation 672-5-1 (Military Awards), in effect at the time, provides that the Army Good Conduct Medal is awarded to individuals who have 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.  

DISCUSSION AND CONCLUSIONS:

1.  The evidence confirms the applicant was awarded a Bronze Star Medal and an Air Medal.  His 1968 DD Form 214 should be corrected accordingly.

2.  Records show the applicant was awarded the Vietnam Service Medal.  Additionally, records show the applicant participated in one campaign while serving in the Republic of Vietnam.  Therefore, he is entitled to award of one bronze service star to be affixed to the already-awarded Vietnam Service Medal.

3.  The applicant was assigned to a unit that was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  His records should be corrected accordingly.

4.  The evidence of record shows the applicant met the criteria for award of the Army Good Conduct Medal; however, this award is not shown on DD Form 214.  There is no evidence in the records which shows the applicant was disqualified for this award.  The applicant is therefore entitled to award of the Army Good Conduct Medal (First Award), for the period 31 August 1966 to 12 April 1968 and to have it added to 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:

   a.   showing the applicant was awarded a Bronze Star Medal and an Air Medal;
   
   b.  adding one bronze service star to his already Vietnam Service Medal;
   
   c.  showing he is entitled to the Republic of Vietnam Gallantry Cross with Palm Unit Citation vice the "Unit Citation"; and
   
   d.  by awarding him the Army Good Conduct Medal for the period 31 August 1966 to 12 April 1968.
   



      _______ _   _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)                                         AR20080019135





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ABCMR Record of Proceedings (cont)                                         AR20080019135



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