BOARD DATE:	  31 March 2011

		DOCKET NUMBER:  AR20100019889 


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 his DD Form 214 ( Report of Transfer or Discharge) be corrected to show his award of the Purple Heart, Combat Infantryman Badge, and Commendation Medal for heroism.

2.  The applicant states, in effect, that he would like to have his records corrected to show all of his awards on his DD Form 214. 

3.  The applicant provides copies of 1st Calvary Division Special Orders Number 270, awarding him the Combat Infantryman Badge; 1st Calvary Division General Orders Number 13645, awarding him the Army Commendation Medal with "V" Device; and 1st Calvary Division General Orders Number 8635, awarding him the Purple Heart .

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 on active duty from 15 December 1967 through 12 December 1969, including service in Vietnam with Company C, 5th Battalion, 7th Calvary Regiment from 20 May 1968 through 17 May 1969.

3.  1st Calvary Division Special Orders Number 270, date unclear, awarded the applicant the Combat Infantryman Badge.  The signature page is not of record.

4.  1st Calvary Division Special Orders Number 8635, dated 18 July 1968, awarded the applicant the Purple Heart for wounds received on 21 July 1968.

5.  1st Calvary Division General Orders Number 13645, dated 30 October 1968, awarded the applicant the Army Commendation Medal with "V" Device.

6.  The applicant's DA 20 (Enlisted Qualification Record) shows his awards as the National Defense Service Medal, Vietnam Service Medal, Air Medal, Bronze Star Medal, Republic of Vietnam Campaign Medal with Device (1960), Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14), Marksman Marksmanship Qualification Badge with Rifle (M-16) and Machine Gun Bars.  His conduct and efficiency ratings are shown exclusively as "excellent".  

7.  The applicant was honorably released, as a specialist four (E-4), from active duty on 12 December 1969.  His DD Form 214 lists his awards as the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14), National Defense Service Medal, Air Medal, Bronze Star Medal, Marksman Marksmanship Qualification Badge with Machine Gun Bar, Marksman Marksmanship Qualification Badge with Rifle (M-16), Republic of Vietnam Campaign Medal with Device (1960), and the Vietnam Service Medal.

8.  The applicant's record contains no derogatory entries, disciplinary actions, nonjudicial punishment, or court-martials that would suggest he was considered not eligible for award of the Good Conduct Medal.

9.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in Vietnam.  This document shows that while the applicant was assigned to Company C, 5th Battalion, 7th Calvary Regiment, it was cited 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.  
10.  Army Regulation 600-8-22 states that a bronze service star is authorized, based on qualifying service, for each designated campaign listed in Appendix B of the regulation and states that authorized service stars will be worn on the appropriate campaign or service medal.  A silver service star is authorized in lieu of five bronze service stars.  The regulation also lists the designated campaign periods for which a bronze service star is authorized for wear on the Vietnam Service Medal.  Based on the applicant's dates of service in Vietnam, Appendix B indicates he participated during the following four campaign periods the Counteroffensive Phase IV, 2 April 1968 - 30 June 1968; the Counteroffensive Phase V, 1 July 1968 - 1 November 1968; the Counteroffensive Phase VI, 2 November 1968 - 22 February 1969; and the Tet 69 Counteroffensive, 23 February 1969 - 8 June 1969.

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 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.  There must have been no convictions by a court-martial.  At that time, a disqualification was normally noted on the DA Form 20.

DISCUSSION AND CONCLUSIONS:

1.  The applicant states, in effect, that he would like to have his records corrected to show all of his awards on his DD Form 214. 

2.  The applicant distinguished himself by his conduct, efficiency and fidelity as evidenced by his combat service, his conduct and efficiency ratings, his personal decorations, and his advancement to E-4.  The record contains no indication of any disqualifying incidents or recommendations.  It is appropriate to award the applicant the Good Conduct Medal for his period of service from 15 December 1967 through 12 December 1969.

3.  The applicant's award of the Army Commendation Medal with "V" Device Purple Heart, and the Combat Infantryman Badge were omitted from his DD Form 214.  It is appropriate to correct the DD Form 214 to include these awards.

4.  The applicant served in Vietnam during four campaign periods and is authorized to wear four bronze service stars on his Vietnam Service Medal.  It is appropriate to correct the record to reflect this fact.

5.  In addition to the awards listed on the DD Form 214 and DA Form 20 the applicant is also authorized 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.  It is appropriate to correct the DD Form 214 to include these awards.

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 the applicant the Good Conduct Medal for the period from 15 December 1967 through 12 December 1969; and 

	b.  correcting the applicant's DD Form 214 to include the Army Commendation Medal with "V" Device, Purple Heart, Republic of Vietnam Gallantry Cross with Palm Unit Citation, Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, the Combat Infantryman Badge and four bronze service stars for wear on his Vietnam Service 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)                                         AR20100019889



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20100019889



4


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1