BOARD DATE:	  2 September 2010

		DOCKET NUMBER:  AR20100008639 


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 DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show award of the Air Medal, Bronze Star Medal with "V" Device, and individual awards of the Republic of Vietnam Gallantry Cross and Republic of Vietnam Civil Actions Honor Medal.

2.  The applicant states they were never entered on his DD Form 214.

3.  The applicant provides copies of his DD Form 214, certificate and citation for award of the Air Medal, certificate and General Orders 220 for award of the Bronze Star Medal with "V" Device, and two letters announcing the applicant was pending final authorization for wear of the "Cross of Gallantry" and the "Vietnamese Honor Medal."

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 9 January 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 41 (Awards and Decorations) of the applicant's DA Form 20 (Enlisted Qualification Record) indicates that Special Orders Number 22, Fort Lewis, Washington, dated 20 February 1967, awarded the applicant the Sharpshooter Marksmanship Qualification Badge with Rifle Bar.  This item also shows that he was awarded the:

	a.  Vietnam Service Medal,

	b.  Combat Infantryman Badge,

	c.  Republic of Vietnam Campaign Medal,

	d.  Bronze Star Medal with "V" Device, and

	e.  Army Commendation Medal.

4.  On 23 August 1967, the applicant was assigned to Company D, 2nd Battalion, 28th Infantry Regiment, in the Republic of Vietnam.  While with this unit, he performed duty as a rifleman, gunner, and team leader.

5.  General Orders Number 220, 1st Infantry Division, dated 9 January 1968, awarded the applicant the Bronze Star Medal with "V" Device for heroism in connection with military operations against a hostile force on 17 October 1967.

6.  On 4 July 1968, the applicant departed the Republic of Vietnam for duty at Fort Carson, Colorado.

7.  The second page of General Orders Number 7898, 1st Infantry Division, dated 6 August 1968, indicates the applicant was awarded a medal for his actions during the period 1 September 1967 to 11 May 1968.  The first page of this order identifying the award is not available.

8.  The applicant provided a certificate and citation indicating he was awarded the Air Medal for the period 1 September 1967 to 11 May 1968.

9.  The applicant provided two letters, dated in 1968, signed by the Adjutant, 2nd Battalion, 28th Infantry Regiment, stating he was authorized to wear the "Vietnamese Honor Medal" for his actions during July 1967 to June 1968 and the "Cross of Gallantry" for his actions on 17 October 1967.  These letters also state that this authorization to wear these medals was pending completion of paper work and the preparation of official orders authorizing the above named awards.

10.  On 20 December 1968, the applicant was released from active duty and transferred to the U.S. Army Reserve Control Group (Annual Training).  He had attained the rank of sergeant/pay grade E-5 and had completed 1 year, 11 months, and 12 days of creditable active duty service.

11.  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, Vietnam Service Medal with one bronze service star, Vietnam Campaign Medal, Combat Infantryman Badge, Bronze Star Medal, and Army Commendation Medal.

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

13.  Army Regulation 672-5-1 (Military Awards), in effect at the time, provided that the Army Good Conduct Medal was awarded to individuals who completed a qualified period of active duty enlisted service.  This period was 3 years except in those cases when the period for the first award ended 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 were not disqualifying.  Service and efficiency ratings based upon academic proficiency of at least "good" rendered subsequent to 22 November 1955 were not disqualifying.

14.  Appendix B of Army Regulation 600-8-22 (Military Awards) shows that based on the applicant's dates of service in the Republic of Vietnam, he participated in the following four campaign periods:  Vietnam Counteroffensive Phase III, Tet Counteroffensive, Vietnam Counteroffensive Phase IV, and Vietnam Counteroffensive Phase V.  This regulation also states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.

15.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in the Republic of Vietnam.  This pamphlet shows that the 2nd Battalion, 28th Infantry Regiment, was cited in Department of the Army General Orders Number 21, dated 1969, for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation and Department of the Army General Orders Number 53, dated 1970, for award of the Republic of Vietnam Civil Actions Honor Medal first Class Unit Citation during the time of the applicant's assignment.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 should be corrected to show award of the Air Medal, Bronze Star Medal with "V" Device, and individual awards of the Republic of Vietnam Gallantry Cross and Republic of Vietnam Civil Actions Honor Medal.

2.  The available evidence of record clearly shows the applicant was awarded the Bronze Star medal with "V" Device for his heroic actions on 17 October 1967.  However, there is no evidence showing that he was awarded more than one Bronze Star Medal.  Therefore, his DD Form 214 should be corrected to add the "V" Device to denote his valor.

3.  The certificate and citation for award of the Air Medal, as provided by the applicant, when considered with the partial order from the record is sufficiently convincing to show he was awarded the Air Medal.  Therefore, his DD Form 214 should be corrected to add this award.

4.  The two letters, dated in 1968, indicating the applicant was pending authorization for an individual award of two foreign decorations are insufficient by themselves as a basis to correct his records.  Should he have or be able to obtain copies of the official orders that authorized his acceptance and wear of these individual foreign awards, he may submit another application for consideration by the Board.

5.  The applicant's records clearly show he distinguished himself in the performance of his military service, as evidenced by award of the Air Medal, Bronze Star Medal with "V" Device, Army Commendation Medal, and attainment of the rank of sergeant during his short period of active duty 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.

6.  Records show the applicant participated in four campaign periods during his service in the Republic of Vietnam.  Therefore, he is authorized four bronze service stars to be affixed to his Vietnam Service Medal.

7.  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.

8.  Records show the applicant was awarded the Sharpshooter Marksmanship Qualification Badge with Rifle Bar.  Therefore his DD Form 214 should be corrected to show this badge.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___x__  ___x_____  ____x____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined 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.  awarding him the Army Good Conduct Medal for the period 9 January 1967 to 20 December 1968;

	b.  deleting from item 24 of his DD Form 214 the Bronze Star Medal and the Vietnam Service Medal with one bronze service star; and

	c.  showing that, in addition to the awards already shown on his DD Form 214, his authorized awards include the Air Medal, Bronze Star Medal with "V" Device, Army Good Conduct Medal, Vietnam Service Medal with four bronze service stars, Republic of Vietnam Gallantry Cross with Palm Unit Citation, Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, and Sharpshooter Marksmanship Qualification Badge with Rifle Bar.

2.  The Board further determined 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 individual awards of any Republic of Vietnam decorations.



      _____________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)                                         AR20100008639



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


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ABCMR Record of Proceedings (cont)