IN THE CASE OF:	  

		BOARD DATE:	  2 September 2010

		DOCKET NUMBER:  AR20100009116 


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 the Silver Star be added to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).  

2.  The applicant states he was awarded the Silver Star on 6 November 1968.  

3.  The applicant provides a citation for the Silver Star and a photograph in support of his application.  

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 was inducted into the Army of the United States on 10 March 1967.  His highest grade attained was sergeant (SGT).  

3.  He was assigned to the Republic of Vietnam (RVN) on 22 August 1967 with Company A, 3rd Battalion, 22nd Infantry, 25th Infantry Division.  He departed the RVN on 15 August 1968 and received credit for participation in the following campaigns:  

* Vietnam Counteroffensive Phase III (1 June 1967 - 29 January 1968) 
* Tet Counteroffensive (30 January - 1 April 1968) 
* Vietnam Counteroffensive Phase IV (2 April - 30 June 1968)
* Vietnam Counteroffensive Phase V (1 July - 1 November 1968)

4.  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, revealed the applicant was awarded the Silver Star by Headquarters, 25th Infantry Division, General Orders Number 6123, dated 29 August 1968 for action on 27 January 1968 in the RVN.  

5.  The applicant was released from active duty on 7 March 1969 in the rank of SGT.  He completed 1 year, 11 months, and 28 days of active military service with no days of lost time.  His DA Form 20 (Enlisted Qualification Record) shows he received conduct and efficiency ratings of "excellent" throughout his service.  There is no record of disciplinary actions.  

6.  His DD Form 214 shows entitlement to the following awards:

* National Defense Service Medal
* RVN Campaign Medal
* Combat Infantryman Badge
* Bronze Star Medal
* Army Commendation Medal with “V” Device
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)
* Expert Marksmanship Qualification Badge with Machine Gun Bar (M-60)
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-16)

7.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows that, at the time of the applicant’s assignment to the 3rd Battalion, 22nd Infantry, this unit was cited for award of the RVN Civil Actions Honor Medal First Class Unit Citation for the period 1 August 1967 to 21 January 1970 by Department of the Army General Orders Number 51, dated 1971.



8.  Department of the Army General Orders Number 8, dated 1974, announced award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to Headquarters, U.S. Military Assistance Command and its subordinate units during the period 8 February 1962 to 28 March 1973 and to Headquarters, 
U.S. Army Vietnam and its subordinate units during the period 20 July 1965 to 28 March 1973.

9.  The applicant was issued a DD Form 215 (Correction to DD Form 214) on 19 June 2001 which added the Purple Heart to his DD Form 214.  

10.  Army Regulation 600-8-22 (Military Awards) states a bronze service star is worn on the appropriate service ribbon, to include the Vietnam Service Medal, for each credited campaign.  

11.  Army Regulation 672-5-1 (Awards), in effect at the time, stated 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; for first award only, 1 year served entirely during the period 7 December 1941 to 2 March 1946; 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.  The enlisted person must have had all "excellent" conduct and efficiency ratings.  

DISCUSSION AND CONCLUSIONS:

1.  General orders show the applicant was awarded the Silver Star on 29 August 1968; therefore, this award should be added to his DD Form 214.  

2.  It appears the applicant has met the regulatory requirements for the first award of the Army Good Conduct Medal for a qualifying period of service from 10 March 1967 through 7 March 1969.  The applicant’s service records show he received conduct and efficiency ratings of "excellent" throughout his service and he was promoted to SGT during this period.  

3.  The applicant was assigned to the 3rd Battalion, 22nd Infantry during a period it was cited for award of the RVN Civil Actions Honor Medal First Class Unit Citation.  Therefore, this award should be added to his DD Form 214.  

4.  The RVN Gallantry Cross with Palm Unit Citation was awarded to all units which served in Vietnam.  The applicant was assigned to a unit which served in Vietnam.  Therefore, his DD Form 214 should be amended to show the RVN Gallantry Cross with Palm Unit Citation.

5.  The applicant’s DD Form 214 currently reflects the Vietnam Service Medal.  However, he received credit for participation in four campaigns during the Vietnam War.  Therefore, his DD Form 214 should be amended to reflect four bronze service stars for wear on his already-awarded Vietnam Service Medal.

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 10 March 1967 through 7 March 1969;

	b.  deleting the Vietnam Service Medal from his DD Form 214 and replacing it with the Vietnam Service Medal with four bronze service stars; and

	c.  amending his DD Form 214 by adding the Silver Star, Army Good Conduct Medal, RVN Civil Actions Honor Medal First Class Unit Citation, and RVN Gallantry Cross with Palm Unit Citation.  




      _______ _  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)                                         AR20100009116



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20100009116



4


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1