IN THE CASE OF:	  

		BOARD DATE:	  9 June 2011

		DOCKET NUMBER:  AR20100028239 


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 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to add an Oak Leaf Cluster (2nd award) to his Purple Heart; Army Commendation Medal (ARCOM); Valorous Unit Award; Republic of Vietnam Gallantry Cross with Palm Unit Citation; Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation; Meritorious Unit Commendation; and the dates of his service in Vietnam.

2.  The applicant states he was awarded or is authorized the requested awards and unit citations.

3.  The applicant provides General Order Number 60 dated 1 July 1967; General Orders Number 4238 dated 30 October 1967; General Orders Number 3254 dated 28 April 1968; General Orders Number 4542 dated 24 November 1967; his DD Form 214; and award certificates for the Silver Star, Purple Heart, and ARCOM.

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 that he was inducted into the Army on 20 July 1966, was awarded the military occupational specialty of infantryman direct fire crewman, served in Vietnam from 23 April 1967 to 16 April 1968, and was promoted to pay grade E-5.

3.  While in Vietnam, he was assigned to Company B, 4th Battalion (Mechanized), 23d Infantry from 29 April 1967 to 7 November 1967, and to Headquarters, 125th Signal from 8 November 1967 to 15 April 1968.

4.  In his records is General Order Number 60 dated 1 July 1967 which awarded him the Purple Heart; General Orders Number 4238 dated 30 October 1967 which awarded him the Purple Heart (First Oak Leaf Cluster); and General Orders Number 3254 dated 28 April 1968 which awarded him the ARCOM.

5.  The applicant's DA Form 20 (Enlisted Qualification Record) shows his conduct and efficiency were always rated as "excellent" and there is no record of disciplinary action being taken against the applicant.

6.  He was honorably released from active duty on 19 April 1968.  His DD Form 214 shows that he was awarded the National Defense Service Medal, Vietnam Service Medal, Vietnam Campaign Medal, Combat Infantryman Badge, Purple Heart, Silver Star, and Marksman Marksmanship Badge with Rifle Bar.

7.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows that the:

   a.  4th Battalion (Mechanized), 23d Infantry was awarded the Valorous Unit Award for the periods 26–28 May 1968 and 27 August–31 October 1968; the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period April 1966–August 1968; and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 30 April 1966-21 January 1970.

   b.  125th Signal Battalion was awarded the Meritorious Unit Commendation for the period 8 November 1966–30 June 1967.
   
8.  Department of the Army Pamphlet 672-3 also shows the pertinent identified campaign periods, for which a bronze service star is authorized for wear on the Vietnam Service Medal.  Those periods for the applicant are:  Counteroffensive Phase II (1 July 1966 through 31 May 1967), Counteroffensive Phase III (1 June 1967 through 29 January 1968); Tet (30 January 1968 through 1 April 1968); and Counteroffensive IV (2 April 1968 through 30 June 1968).

9.  Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214.  The current regulation, in pertinent part, directs that when an active duty Soldier is deployed with his or her unit during the period covered by the DD Form 214, an entry will be made in Item 30 to show "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYYMMDD – YYYYMMDD)."

10.  Army Regulation 600-8-22 (Military Awards) provides that the Army Good Conduct Medal is awarded to individuals who distinguish themselves by their conduct, efficiency and fidelity during a qualifying period of active duty enlisted service.  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.  A record of punishment is not automatically disqualifying.  However, at that time, a single efficiency rating of less than "excellent" was disqualifying.

DISCUSSION AND CONCLUSIONS:

1.  Orders confirm the applicant was awarded the Purple Heart (second award) and ARCOM.  It would be appropriate to now add those awards to his DD Form 214.

2.  Based on his service with the 4th Battalion (Mechanized), 23d Infantry he is authorized the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.

3.  Based on his service in Vietnam, he is entitled to four bronze service stars to be affixed to his already-awarded Vietnam Service Medal.

4.  He is not entitled to the Valorous Unit Award or Meritorious Unit Commendation because he was not assigned to those units during the dates for which they were awarded.

5.  It would also be appropriate to add the applicant's Vietnam service to Item 30 of his DD Form 214.

6.  Since there is no derogatory information in the applicant's records and his efficiency ratings were all "excellent," it appears he should have been awarded the Good Conduct Medal.
BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

__X_____  __X_____  ___X____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

	a.  awarding to him the Good Conduct Medal for the period 20 July 1966 to 19 April 1968;

   b.   adding to Item 24 of his DD Form 214 the Purple Heart (second award), ARCOM, Good Conduct Medal, Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, and four bronze service stars to be worn with his Vietnam Service Medal; and 
   
   c.  adding to Item 30 of his DD Form 214 "SERVICE IN VIETNAM FROM 19670423 – 19680416."

2.  The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to the Valorous Unit Award or Meritorious Unit Commendation.



      _______ _  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)                                         AR20100028239





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ABCMR Record of Proceedings (cont)                                         AR20100028239



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