BOARD DATE:	 11 January 2011 

		DOCKET NUMBER:  AR20100016646 


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 Purple Heart, Combat Infantryman Badge, and Army Commendation Medal with "V" Device.

2.  The applicant states these awards are not listed on his DD Form 214 which prevents him from receiving certain Department of Veterans Affairs (VA) benefits.

3.  The applicant provides his DD Form 214.

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 21 November 1968.  He completed initial entry training, was awarded the military occupational specialty of intelligence operations, and was promoted to pay grade E-5.

3.  His DA Form 20 (Enlisted Qualification Record) shows during his tour of duty in the Republic of Vietnam he performed duties as:

	a.  a squad leader while assigned to Combat Support Company, 2d Battalion, 28th Infantry, 1st Infantry Division, during the period 31 October to 29 November 1969;

	b.  an assistant squad leader while assigned to Company E, 2d Battalion, 28th Infantry, 1st Infantry Division, during the period 30 November 1969 to 16 February 1970;

	c.  an infantry operations and intelligence specialist while assigned to Headquarters and Headquarters Company, 2d Battalion, 2d Infantry, 1st Infantry Division, during the period 17 February to 29 March 1970;

	d.  an infantry operations and intelligence specialist while assigned to Headquarters and Headquarters Company, 25th Infantry Division, during the period 30 March to 11 October 1970.

4.  His records contain:

	a.  Headquarters, 1st Infantry Division General Orders 15638, dated 5 December 1969, awarding him the Army Commendation Medal with "V" Device for heroism on 8 November 1969;

	b.  Headquarters, 1st Infantry Division General Orders 16895, dated 9 December 1969, awarding him the Purple Heart for wounds received in connection with military operations against a hostile force on 8 December 1969;

	c.  Headquarters, 1st Infantry Division General Orders 347, dated 13 December 1969, awarding him the Combat Infantryman Badge;

   d.  Headquarters, 1st Infantry Division General Orders 1486, dated 4 February 1970, awarding him the Army Commendation Medal with 1st oak leaf cluster (OLC); and
   
   e.  Headquarters, 25th Infantry Division General Orders Number 7507, dated 6 July 1970, awarding him the Army Commendation Medal with 3d OLC for meritorious achievement for the period 20 April to 20 June 1970.

5.  He was honorably released from active duty on 14 October 1970 and transferred to the U.S. Army Reserve Control Group (Annual Training) to complete his remaining Reserve obligation.  He completed 1 year, 10 months, and 24 days of creditable active service.

6.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows he was awarded the National Defense Service Medal, Bronze Star Medal, Vietnam Service Medal, Army Commendation Medal, and Republic of Vietnam Campaign Medal.

7.  His DA Form 20 shows award of the Vietnam Service Medal, Army Commendation Medal, Combat Infantryman Badge, Purple Heart, Army Commendation Medal with 1st OLC, Vietnam Campaign Medal with device (1960), Army Commendation Medal with 2d OLC, Bronze Star Medal, and two overseas service bars.  This form shows the Army Commendation Medal with 2d OLC was issued on Headquarters, 25th Infantry Division General Orders Number 7507, dated 6 July 1970.

8.  His records are void of any orders or other documents that indicate he was ever recommended for or awarded the Army Good Conduct Medal by proper authority.  The applicant's DA Form 20 shows all "excellent" conduct and efficiency ratings.  There are no adverse actions recorded in the available records and no disqualification by his chain of command.

9.  Appendix B of Army Regulation 600-8-22 (Military Awards) shows the campaigns for Vietnam.  This same regulation states a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.  During the applicant's tour of duty in Vietnam he participated in the following campaigns.

* Vietnam Summer-Fall 1969 (9 June 1969 - 31 October 1969)
* Vietnam Winter - Spring 1970 (1 November 1969 - 30 April 1970)
* DA Sanctuary Counteroffensive (1 May - 30 June 1970)
* Vietnam Counteroffensive Phase VII (1 July 1970 - 30 June 1971)

10.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows the unit he was assigned to while serving in the Republic of Vietnam was awarded the:
	a.  Republic of Vietnam Gallantry Cross with Palm Unit Citation based on Department of the Army General Orders (DAGO) Number 2, dated 1971; and DAGO Number 5, dated 1973; and

	b.  Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation based on DAGO Number 53, dated 1970.

11.  Department of the Army Pamphlet 672-3 states not more than one Republic of Vietnam Gallantry Cross Unit Citation will be worn by any individual.  Although multiple awards of this unit citation are not authorized for wear, official military and historical records will indicate all awards received.  However, in the case of duplicate awards covering the same period of time only one award will be recorded in official military and historical records.

12.  Army Regulation 672-5-1 (Military Awards), in effect at the time, required that throughout a qualifying period of service for award of the Good Conduct Medal the enlisted person must have had all "excellent" conduct and efficiency ratings and no convictions by a court-martial.  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. 

DISCUSSION AND CONCLUSIONS:

1.  General orders show the applicant was awarded the Purple Heart.  Therefore, he is entitled to have his DD Form 214 corrected to show this award.

2.  General orders show he was awarded the Army Commendation Medal with "V" Device, Army Commendation Medal with 1st OLC, and an Army Commendation Medal with 3d OLC.  However, there is no order available showing he was awarded the Army Commendation Medal with 2d OLC and his DA Form 20 shows Order Number 7507 was an Army Commendation Medal with 2d OLC.  Therefore, based on available orders and his DA Form 20, evidence indicates it would be appropriate to correct his DD Form 214 to show the Army Commendation Medal with "V" Device and 2d OLC.

3.  Special orders show he was awarded the Combat Infantryman Badge.  Therefore, he is entitled to have his DD Form 214 corrected to show this badge.

4.  The applicant completed a period of qualifying service ending with the termination of a period of Federal military service.  The applicant also had "excellent" conduct and efficiency ratings throughout his tenure of service.  There is no record of any disciplinary action taken against the applicant or disqualification by his chain of command.  Therefore, it would be appropriate to award the applicant the Army Good Conduct Medal and add this award to his DD Form 214.

5.  His records show he was authorized the Vietnam Service Medal and that he participated in four campaigns while serving in the Republic of Vietnam.  Therefore, he is entitled to correction of his DD Form 214 to show he was awarded four bronze service stars to be worn on the Vietnam Service Medal.

6.  General orders awarded two units to which he was assigned at the time, the Republic of Vietnam Gallantry Cross with Palm Unit Citation and one unit the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.  Therefore, he is entitled to correction of his records to show these unit awards.

7.  In view of the foregoing, the applicant's records should be corrected as shown below.

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 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 21 November 1968 through 14 October 1970; and 

	b.  amending item 24 of his DD Form 214 to show the Purple Heart, Army Commendation Medal with "V" Device and 2d OLC, Army Good Conduct Medal, Vietnam Service Medal with four bronze service stars, Combat Infantryman Badge, two awards of the Republic of Vietnam Gallantry Cross with


Palm Unit Citation, and Republic of Vietnam 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)                                         AR20100016646



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ABCMR Record of Proceedings (cont)                                         AR20100016646



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