IN THE CASE OF:	  

		BOARD DATE:	  28 April 2011

		DOCKET NUMBER:  AR20100024916 


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 Army Good Conduct Medal.

2.  The applicant states he was honorably discharged in September 1969 and he was released to the U.S. Army Reserve (USAR).

3.  The applicant provides:

* General Orders Number 540, dated 11 September 1969
* his Honorable Discharge Certificate from the USAR
* his DD Form 214
* page 4 of his DA Form 20 (Enlisted Qualification Record)

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 enlisted in the Regular Army (RA) on 15 September 1965 for a period of 4 years.  He was trained in and awarded military occupational specialty (MOS) 11B (light weapons infantryman).

3.  The applicant's DA Form 20 shows in:

* item 31 (Foreign Service) he served in Vietnam from 13 December 1967 through 9 December 1968
* item 38 (Record of Assignments) he was assigned to Company B,
1st Battalion, 502nd Infantry from 15 December 1967 to 9 December 1968

4.  The applicant's record contains the following orders issued by Headquarters, 101 Airborne Division:

* General Orders Number 5336, dated 4 September 1968, awarding him the Army Commendation Medal for meritorious achievement for the period 1 March 1968 to 31 July 1968
* General Orders Number 525, dated 18 January 1969, awarding him the Army Commendation Medal for meritorious achievement for the period
1 July 1968 to 30 November 1968

5.  He submitted a copy of General Orders Number 540, issued by Headquarters, 2nd Armored Division, Fort Hood, TX, dated 11 September 1969, awarding him the Army Good Conduct Medal (1st Award) for the period 15 September 1965 through 14 September 1969 (sic).

6.  On 12 September 1969, the applicant was honorably released from active duty at the expiration of his term or service.  He was transferred to the USAR Control Group (Reinforcement) to complete his remaining Reserve obligation.  He completed a 3 years, 11 months, and 28 days of total active service.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the:

* National Defense Service Medal
* Vietnam Service Medal with 4 bronze service stars
* Republic of Vietnam (RVN) Campaign Medal with Device (1960)
* Bronze Star Medal
* Combat Infantryman Badge
* 
Parachutist Badge
* Army Commendation Medal
* Sharpshooter Marksmanship Qualification Badge with Pistol Bar
* Expert Marksmanship Qualification Badge with Rifle Bar

7.  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.  A silver service star will be corn instead of five bronze service stars.  Appendix B shows that during the applicant's service in Vietnam, he participated in the following five 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)
* Vietnam Counteroffensive Phase VI (2 November 1968 - 22 February 1969)

8.  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 unit to which the applicant was assigned was cited for award of the:

* Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period
19 April through 15 August 1968 by Department of the Army General Orders (DAGO) Number 21, dated 1969
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 18 March 1968 through 2 May 1970 by DAGO Number 48, dated 1971

DISCUSSION AND CONCLUSIONS:

1.  General orders awarded the applicant the Army Good Conduct Medal
(1st Award).  Therefore, his DD Form 214 should be corrected to show this award.

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

3.  The applicant participated in five campaign phases during his service in Vietnam.  Therefore, he is entitled to one silver service star for wear on his already-awarded Vietnam Service Medal and correction of his DD Form 214 for this silver service star.

4.  The applicant's unit in Vietnam 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.

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 24 of his DD Form 214 the Army Commendation Medal and the Vietnam Service Medal with four bronze service stars, and

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

* Army Commendation Medal (2nd Award)
* Army Good Conduct Medal (1st Award)
* Vietnam Service Medal with one silver service star
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* 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)                                         AR20100024916



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


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