IN THE CASE OF:	  

		BOARD DATE:	  9 November 2010

		DOCKET NUMBER:  AR20100012351 


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 4 December 1970 DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show the following awards:

* Air Medal (2nd Award)
* Army Good Conduct Medal (AGCM)
* Vietnam Service Medal with three bronze service stars
* Republic of Vietnam (RVN) Gallantry Cross with Palm Unit Citation
* RVN Civil Actions Honor Medal First Class Unit Citation

2.  The applicant states he is entitled to these awards and the awards are not listed on his DD Form 214.

3.  The applicant provides the following:

* DD Form 214
* self-authored statement 
* DA Form 20 (Enlisted Qualification Record)
* General Orders Number 15020, dated 4 December 1969
* General Orders Number 1993 and certificate, dated 22 February 1970
* excerpts from Army Regulation 600-8-22 (Military Awards) and Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register)


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's military records show he was inducted into the Army of the United States on 23 January 1969.  He served in the RVN from 25 June 1969 to 22 June 1970 while assigned to Company B, 2nd Battalion, 14th Infantry Regiment, 25th Infantry Division.  He was honorably released from active duty on 4 December 1970.

3.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 shows the National Defense Service Medal, Vietnam Service Medal, two overseas service bars, Combat Infantryman Badge, Bronze Star Medal with "V" Device (1st Oak Leaf Cluster), Air Medal, Army Commendation Medal, RVN Campaign Medal with Device (1960), and Expert Marksmanship Qualification Badge with Rifle Bar (M-16).

4.  General Orders Number 15020, dated 4 December 1969, awarded the applicant the Air Medal for meritorious achievement while participating in aerial flight from 1 August 1969 to 29 October 1969.

5.  General Orders Number 1993 and certificate, dated 22 February 1970, awarded the applicant the Air Medal (2nd Award) for meritorious achievement while participating in aerial flight from 23 December 1969 to 5 February 1970.

6.  The applicant's DA Form 20 shows he received all "excellent" conduct and efficiency ratings throughout his service.  There is no record of any Article 15's, courts-martial, or any type of adverse action in his available records.  There is also no record of a commander's disqualification for the AGCM.

7.  Army Regulation 672-5-1 (Military Awards), in effect at the time, provided that the AGCM 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

8.  Department of the Army Pamphlet 672-3 lists the awards received by units which served in the Vietnam War.  This pamphlet shows the 2d Battalion, 14th Infantry, was cited for award of the RVN Gallantry Cross with Palm Unit Citation by Department of the Army General Orders (DAGO) Number 5, dated 1973, and award of the RVN Civil Actions Honor Medal First Class Unit Citation by DAGO Number 51, dated 1971, during the period the applicant was assigned.

9.  Appendix B of Army Regulation 600-8-22 (Military Awards) shows that participation credit was awarded for five campaigns during the applicant's tour of duty in the RVN.  This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.  A silver service star is worn instead of five bronze service stars.  

DISCUSSION AND CONCLUSIONS:

1.  Orders verify the applicant is entitled to correction of his records to show the Air Medal (2nd Award).

2.  The evidence of record shows the applicant received "excellent" conduct and efficiency ratings and he had no adverse actions or commander's disqualification for award of the AGCM.  Therefore, he is entitled to award of the AGCM (1st Award) for the period 23 January 1969 to 4 December 1970 and correction of his records to show this award.

3.  The evidence shows the applicant is entitled to wear the RVN Gallantry Cross with Palm Unit Citation and the RVN Civil Actions Honor Medal First Class Unit Citation.  Therefore, his records should be corrected to show these unit awards.

4.  Although the applicant requested that his records be corrected to show he participated in three campaigns during his tour in the RVN, the evidence of record shows he participated in five campaigns.  Therefore, he is entitled to correction of his records to show award of one silver service star to be worn 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 the evidence presented is 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 the applicant the AGCM (1st Award) for the period 23 January 1969 to 4 December 1970;

	b.  deleting from item 24 of his DD Form 214 the Vietnam Service Medal and the Air Medal; and

   c.  adding to item 24 of his DD Form 214 the AGCM (1st Award), the Air Medal (2nd Award), the Vietnam Service Medal with one silver service star, the RVN Gallantry Cross with Palm Unit Citation, and the RVN Civil Actions Honor Medal First Class 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)                                         AR20100012351



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ABCMR Record of Proceedings (cont)                                         AR20100012351



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