IN THE CASE OF:	  

		BOARD DATE:	  24 February 2011

		DOCKET NUMBER:  AR20100021495 


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, in effect, correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show award of the Army Commendation Medal with 2nd Oak Leaf Cluster, Bronze Star Medal, and the Air Medal with the "2nd and 3rd Oak Leaf Clusters."  

2.  He also requests correction to Item 10c (Date Inducted) of his DD Form 214.

3.  He states, in effect, these awards are not shown on his DD Form 214.  Also, the DD Form 214 shows the wrong induction date as it should be 1968 instead of 1969. 

4.  He provides his Army Commendation Medal with 2nd Oak Leaf Cluster Certificate; Bronze Star Medal Certificate; the Air Medal, 2nd and 3rd Award Certificate; and 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 DD Form 47 (Record of Induction) that is contained in his record shows he was inducted into the Army of the United States on 16 October 1968 for 2 years.  He completed training in military occupational specialty 11B (Light Weapons Infantryman).  He served in Vietnam from 11 April 1969 to
19 May 1970.  He was assigned to 2nd Battalion, 12th Infantry, 25th Infantry Division.

3.  On 14 June 1969, he accepted nonjudicial punishment (NJP) under Article 15, Uniform Code of Military Justice, for sleeping while on guard duty on 3 May 1969.

4.  General Orders Number 13132, issued by Headquarters, 25th Infantry Division, dated 24 October 1969, awarded him the Army Commendation Medal for meritorious achievement in Vietnam from 1 August to 30 September 1969.

5.  General Orders Number 15102, issued by the same headquarters, dated 8 December 1969, awarded him the Army Commendation Medal with 1st Oak Leaf Cluster for meritorious achievement in Vietnam from 24 October to 1 December 1969.

6.  General Orders Number 15463, issued by the same headquarters, dated 18 December 1969, awarded him the Air Medal for meritorious achievement in Vietnam from 25 July to 6 August 1969.

7.  General Orders Number 15514, issued by the same headquarters, dated 22 December 1969, awarded him the Air Medal (4th Award) for meritorious achievement in Vietnam from 11 October to 25 November 1969.

8.  General Orders Number 1534, issued by the same headquarters, dated
9 February 1970, awarded him the Army Commendation Medal with 2nd Oak Leaf Cluster for meritorious achievement in Vietnam from 2 December 1969 to 31 January 1970.

9.  General Orders Number 2302, issued by the same headquarters, dated 25 February 1970, awarded him the Bronze Star Medal for meritorious service in Vietnam from April 1969 to April 1970.

10.  He was honorably released from active duty on 23 May 1970 in the rank/grade of sergeant (SGT)/E-5 as an overseas returnee and he was transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement) to complete his remaining Reserve obligation.

11.  Item 10c of his DD Form 214 shows he was inducted on 16 October 1969.

12.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the:

* Combat Infantryman Badge
* National Defense Service Medal
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)

13.  Item 38 (Record of Assignments) of his DA Form 20 (Enlisted Qualification Record) shows he received "excellent" conduct and efficiency ratings throughout his service.  There is no evidence of a commander's disqualification for award the first award of the Army Good Conduct Medal.

14.  Item 41 (Awards and Decorations) of his DA Form 20 shows he was awarded the Marksman Marksmanship Qualification Badge with Rifle Bar.

15.  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.  There must have been no convictions by a court-martial.

16.  Army Regulation 600-8-22 (Military Awards), paragraph 2-13, contains the regulatory guidance on the Vietnam Service Medal.  It states, in pertinent part, that a bronze service star is authorized with this award for each Vietnam campaign a member is credited with participating in.  Appendix B shows that during his service in Vietnam, the applicant participated in the following four campaigns:

* TET 69, Counteroffensive, 1969 (23 February - 8 June 1969)
* Vietnam Summer - Fall 1969 (9 June - 31 October 1969)
* Vietnam Winter - Spring 1970 (1 November 1969 - 30 April 1970)
* Sanctuary Counteroffensive (1 May - 30 June 1970)
17.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam.  This pamphlet shows the 2nd Battalion, 12th Infantry, was cited for award of the:

* Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 1 September 1968 - 30 September 1970, by Department of the Army General Orders (DAGO) Number 5, dated 1973
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 1 August 1967 - 21 January 1970, by DAGO Number 51, dated 1971

DISCUSSION AND CONCLUSIONS:

1. General orders award the applicant the Bronze Star Medal.  Therefore, his DD Form 214 should be corrected to show this award.

2.  General orders awarded him three awards of the Army Commendation Medal. Therefore, his DD Form 214 should be corrected to show these awards.

3.  General orders awarded him four awards of the Air Medal.  Therefore, his    DD Form 214 should be corrected to show these awards.

4.  The evidence of record also shows he had "excellent" conduct and efficiency ratings during his service in the Army.  There is evidence of minor indiscipline (NJP on one occasion during his service); however, this minor indiscipline should not overshadow his achievements while he served in Vietnam.  While in the Army, he attained the rank/grade of SGT/E-5, served in Vietnam, and was awarded multiple combat awards.  Therefore, he should be awarded the first award of the Army Good Conduct Medal and his DD Form 214 should be corrected to show this award.

5.  He participated in four campaign phases while serving in Vietnam.  Therefore, he is entitled to four bronze service stars for wear on his already-awarded Vietnam Service Medal and correction of his DD Form 214 to show these bronze service stars.

6.  The applicant's unit in Vietnam, during his period of assignment, 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.  Therefore, his DD Form 214 should be corrected to show these unit awards.

7.  The evidence of record further confirms he was awarded the Marksman Marksmanship Qualification Badge with Rifle Bar.  Therefore, his DD Form 214 should be corrected to show this qualification badge.

8.  The evidence of record shows he was inducted into the Army of the United States on 16 October 1968.  Therefore, he is entitled to correction of his
DD Form 214 to show his correct induction date.

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.  deleting from item 10c of his DD Form 214 the entry "16 Oct 69" and replacing it with the entry "16 Oct 68";

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

	c.  awarding him the Army Good Conduct Medal (1st Award) for the period
16 October 1968 through 23 May 1970; and

	d.  adding to item 24 of his DD Form 214 the:

* Bronze Star Medal
* Air Medal (4th Award)
* Army Commendation Medal (3rd Award)
* Army Good Conduct Medal (1st Award)
* 
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
* Marksman Marksmanship Qualification Badge with Rifle Bar



      ___________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)                                         AR20100021495



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ABCMR Record of Proceedings (cont)                                         AR20100021495



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