IN THE CASE OF:	  

		BOARD DATE:	  1 June 2010

		DOCKET NUMBER:  AR20090017645 


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 DD Form 214 (Armed Forces of the United States Report of Transfer Discharge) be corrected to show award of the Good Conduct Medal, the bronze service stars he is authorized for the Vietnam Service Medal, the Expert Marksmanship Qualification Badge for the (M-16 Rifle) and all unit awards he is authorized.  He also requests that all of his awards be added to one DD Form 215 (Correction to DD Form 214).

2.  The applicant states the above corrections would be helpful in the filing of his Department of Veterans Affairs (VA) claim.

3.  The applicant provides copies of his 1967 and 1969 DD Forms 214 along  with two DD Forms 215, a 28 September 2009 letter from the National Personnel Records Center, DA Form 20 (Enlisted Qualification Record), a Report of Medical History for a physical examination, and an Officer Evaluation Report for              11 September 1968 through 17 May 1969.  He also provides orders for award of two Purple Hearts, four Bronze Star Medals with "V" Devices, three Silver Stars, the Distinguished Service Cross, Army Commendation Medal, and Sharpshooter Marksmanship Qualification Badge with Machine Gun Bar. 

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 served in the Regular Army in an enlisted status from 2 February 1967 to 14 December 1967.  This service equals 10 months and 
13 days and included no foreign service.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Authorized) shows the National Defense Service Medal and the Sharpshooter Marksmanship Qualification Badge (M-14 Rifle) and (M-60 Machine Gun).  A DD Form 215 was issued on 17 March 2004 to correct this DD Form 214, Items 17a, b and c to show this period of service started with his first enlistment which was a 3-year period commencing on 2 February 1967.

3.  The applicant was appointed a first lieutenant in the United States Army Reserve and he served in an active duty status from 15 December 1967 to 
16 September 1969.  

4.  He arrived in Vietnam on 7 November 1968.  The applicant served with E Troop, 1st Cavalry, 11th Infantry Brigade from 5 December 1968 to 
11 September 1969.  Numerous Americal Division general orders (GOs) cited him for various awards:

a.  GO # 5892, dated 1 July 1969, awarded the Army Commendation Medal 
for meritorious service for the period 1 May to 26 May 1969.

   b.  Americal Division GO # 2526, dated 17 April 1969, awarded the Purple Heart for wounds on 24 March 1969.

   c.  Americal Division GO # 7664, dated 12 August 1969, awarded the Purple Heart for wounds on 11 August 1969.

   d.  Americal Division GO # 3923, dated 22 May 1969, awarded the Bronze Star Medal with "V" Device for heroism in action on 9 March 1969.
   
   e.  Americal Division GO # 4160, 23 May 1969, awarded the Bronze Star Medal (1st Oak Leaf Cluster) with "V" Device for heroism in action on 24 March 1969.
   
   f.  Americal Division GO # 8006, dated 19 August 1969, awarded the Bronze Star Medal (2nd OLC) with "V" Device for heroism in action on 12 May 1969.

   g.  Americal Division GO # 9584, dated 21 September 1969, awarded the Bronze Star Medal (3rd OLC) with "V" Device for heroism in action on 11 August 1969.

   h.  Americal Division GO # 3018, dated 25 April 1969, awarded the Silver Star for gallantry in action against the enemy on 15 March 1969.

   i.  Americal Division GO # 7106, dated 27 July 1969, awarded the Silver Star 
   (1st OLC) for gallantry in action against the enemy on 17 May 1969.

   j.  Americal Division GO #8370, dated 24 August 1969, awarded the Silver Star (2nd OLC) for gallantry in action against the enemy on 31 May 1969.

5.  U.S. Army Vietnam GO # 3625, dated 25 September 1969, awarded him the Distinguished Service Cross for extraordinary heroism in operations against an armed hostile force on 2 July 1969.

6.  The applicant returned to the United States and he was released from active duty on 16 September 1969.  His DD Form 214 for this period listed his authorized awards as the National Defense Service Medal, Vietnam Campaign Medal [with Device (1960)], Vietnam Service Medal, Army Commendation Medal, Bronze Star Medal with "V" Device (1st OLC), Silver Star (1st OLC), Purple Heart (1st OLC), Combat Infantryman Badge, Parachutist Badge, and 2 Overseas Bars.

7.  A DD Form 215 was issued on 18 March 2004 to correct the DD Form 214 issued on 16 September 1969 by deleting the Bronze Star Medal with "V" Device (1st OLC) and the Silver Star (1st OLC).  It also corrected the DD Form 214 by adding the Bronze Star Medal with" V" Device (3rd OLC), Silver Star (2nd OLC) Distinguished Service Cross, and Republic of Vietnam Gallantry Cross with Palm Unit Citation.

8.  Army Regulation 672-5-1 (Military Awards), then in effect, set forth the policy and procedures applicable to decorations, medals and badges.  Chapter 3 applies to the Good Conduct Medal and required, except for posthumous awards and Soldiers separated for physical disability incurred in the line of duty, a period of service of more than 1 year.



9.  Review of the Awards and Decorations Computer-Assisted Retrieval System (ADCARS), an index of general orders issued during the Vietnam era between 1965 and 1973 maintained by the Military Awards Branch of the United States Army Human Resources Command, contains most of the above GOs but no additional ones were found.

10.  Appendix B of Army Regulation 600-8-22 (Military Awards) shows the campaigns for Vietnam.  During the applicant’s tour in Vietnam he served during three campaign periods.  This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.

11.  A 1991 letter to a member of congress concerning the applicant's awards makes reference to "two gallantry crosses."  There is no evidence of record the applicant was awarded the RVN Gallantry Cross as a personal decoration.

12.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows that E Troop, 1st Cavalry was authorized  the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period    24 August through 31 December 1969.

13.  Army Regulation 635-5 (Separation Documents) provides line by line instructions for completing the DD Form 214.  At that time, it provided that only awards pertaining to the period of service covered by a DD Form 214 were to be entered.  Since about the mid-1970s, it has provided for the entry of awards from all periods of service.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that listing all his authorized awards on one DD Form 214 would be helpful in filing his VA claim.

2.  The applicant's 10 months and 13 days of enlisted service does not qualify him for award of the Good Conduct Medal which by regulation required a minimum of 12 months service. 

3.  Considering the applicant's remarkable tour of duty included the receipt of eight personal combat decorations that are now listed on his DD Form 214 and a DD Form 215, all of his awards should be listed on a new DD Form 214, as an exception to policy.  


4.  In view of the foregoing findings and conclusions, it would be appropriate to correct the applicant’s last DD Form 214 as recommended below by showing his authorized awards include:  the Distinguished Service Cross, Silver Star (2nd OLC), Bronze Star Medal with "V" Device (3rd OLC), Purple Heart
(1st OLC), Army Commendation Medal, National Defense Service Medal, Vietnam Service Medal with three bronze service stars, Republic of Vietnam Campaign Medal with Device (1960), Republic of Vietnam Gallantry Cross with Palm Unit Citation, Combat Infantryman Badge, Parachutist Badge, Sharpshooter Marksmanship Qualification Badge with Machinegun and Rifle Bars, and two Overseas Service Bars.  

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

__X______  __X_____  ___X___  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

	a.  voiding his 16 September 1969 DD Form 214 and the associated DD Form 215.

	b.  issuing him a new DD Form 214 showing his authorized awards as the Distinguished Service Cross, Silver Star (2nd OLC), Bronze Star Medal with "V" Device (3rd OLC), Purple Heart (1st OLC), Army Commendation Medal, National Defense Service Medal, Vietnam Service Medal with three bronze service stars, Republic of Vietnam Campaign Medal with Device (1960), Republic of Vietnam Gallantry Cross with Palm Unit Citation, Combat Infantryman Badge, Parachutist Badge, Sharpshooter Marksmanship Qualification Badge with Machinegun and Rifle Bars, and two Overseas Service Bars.  




2.  The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to award of the Good Conduct Medal.  




      __________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)                                         AR20090017645



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ABCMR Record of Proceedings (cont)                                         AR20090017645



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