IN THE CASE OF:	  

		BOARD DATE:	  21 June 2011

		DOCKET NUMBER:  AR20100028929 


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:

* Bronze Star Medal with "V" Device
* Purple Heart
* Combat Infantryman Badge
* two awards of the Air Medal

2.  He states the awards are not listed on his DD Form 214.

3.  He provides:

* DD Form 214
* DA Form 20 (Enlisted Qualification Record)
* General orders awarding him the Bronze Star Medal with "V" Device, Bronze Star Medal, two awards of the Air Medal, and the Purple Heart
* Special orders awarding him the Combat Infantryman Badge

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 was inducted into the Army of the United States and he entered active service on 15 March 1967.  He completed basic combat and advanced individual training and he was awarded military occupational specialty 11B (Light Weapons Infantryman).

3.  His DA Form 20 shows he was assigned to Company D, 2nd Battalion, 27th Infantry Regiment in Vietnam on 15 October 1967.

4.  Special Orders Number 363, issued by Headquarters, 25th Infantry Division, dated 29 December 1967, awarded him the Combat Infantryman Badge.

5.  He was discharged on 10 March 1968 for enlistment in the Regular Army.  His DD Form 214 for this period of service is not contained in his available record.

6.  He enlisted in the Regular Army on 11 March 1968.  His DA Form 20 shows in:

* Item 31 (Foreign Service) he served in Vietnam from 13 October 1967 to 12 October 1968 and 6 June 1969 to 4 June 1970
* Item 33 (Appointments and Reductions) he was advanced to specialist four (SP4)/E-4 on 17 April 1968 
* Item 33 he was reduced to private first class (PFC)/E-3 on 16 December 1970
* Item 38 (Record of Assignments) he was assigned to the following units in Vietnam:

* 2nd Battalion, 27th Infantry Regiment (15 October 1967 through
16 March 1968)
* 2nd Squadron, 17th Cavalry Regiment (17 March through to 10 October 1968)
* Troop A, 2nd Squadron, 17th Cavalry Regiment (22 June 1969 to
31 May 1970)

* Item 38 he received "excellent" conduct and efficiency ratings throughout his service
* Item 41 (Awards and Decorations) the 

* National Defense Service Medal
* Air Medal (2 Awards)
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* Combat Infantryman Badge
* Aircraft Crew Member Badge
* Bronze Star Medal with "V" Device
* two overseas service bars
* Army Commendation Medal

7.  He provided orders from his military personnel record that show he was:

Awarded the
by General Orders Number
For
Bronze Star Medal with "V" Device
1543, dated 24 March 1968
heroism on 21 December 1967
Air Medal
3271, dated 27 May 1968
meritorious achievement from 23 March 1968 to
27 March 1968
Air Medal
15011, dated 19 December 1969
action from 11 August 1969 to 30 August 1969
Purple Heart
51, dated 1 April 1970
wounds received in action on 31 March 1970
Bronze Star Medal
4689, dated 28 April 1970
meritorious service from
1 July 1969 to 30 April 1970
8.  His service record does not contain any disciplinary actions or a record of a commander's disqualification for the first award of the Army Good Conduct Medal.  

9.  He was released from active duty on 5 March 1971 in the rank of PFC.  He completed 2 years, 11 months, and 26 days during this period of service with no days of time lost.  

10.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 for the period ending 5 March 1971 shows the:

* National Defense Service Medal
* Army Commendation Medal
* three overseas service bars
* Vietnam Service Medal
* Aircraft Crew Member Badge
* Republic of Vietnam Campaign Medal
* Air Medal
* Bronze Star Medal

11.  References:

	a.  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 units to which the applicant was assigned was cited for award of the following:

		(1)  2nd Battalion, 127th Infantry Regiment:

* Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period January 1966 through August 1968 by Department of the Army General Order (DAGO) Number 48, dated 1971
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 1 January 1966 through 21 January 1970, by DAGO Number 51, dated 1971

		(2)  2nd Squadron, 17th Cavalry Regiment:

* Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 19 April through 14 August 1968 by DAGO 21, dated 1969
* Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 15 August 1968 through 14 May 1969 by DAGO Number 73, dated 1970

		(3)  Troop A, 2nd Squadron, 17th Cavalry Regiment:

* Valorous Unit Award for the period 7 December 1969 through
16 February 1970 by DAGO Number 48, dated 1971
* Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 2 December 1969 through 8 January 1971 by DAGO Number 24, dated 1972
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 18 March through 2 May 1970 by DAGO Number 48, dated 1971

	b.  Department of the Army Pamphlet 672-3, paragraph 6 (Miscellaneous Information) states that not more than one award of the Republic of Vietnam Gallantry Cross Unit Citation may be worn by any individual.  Although wear of multiple awards of this unit citation badge is not authorized, official military personnel and historical records will indicate all awards received.

	c.  Army Regulation 600-8-22, paragraph 2-13, contains the regulatory guidance on the Vietnam Service Medal.  It states that a bronze service star is authorized with this award for each Vietnam campaign a member is credited with participating in.  One silver service star will be worn in lieu of five bronze service stars.  Appendix B shows that during his service in Vietnam, the applicant participated in the following seven 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 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)

   d.  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 court-martial.

	e.  Army Regulation 600-8-22 states Arabic numerals are now used instead of oak leaf clusters for the second and succeeding awards of the Air Medal.  The numeral 2 denotes the second award of the Air Medal.

DISCUSSION AND CONCLUSIONS:

1.  General orders awarded the applicant the Bronze Star Medal and the Bronze Star Medal with "V" Device.  Therefore, his DD Form 214 should be corrected to show the Bronze Star Medal (2nd Award) and with "V" Device.

2.  General orders awarded the applicant the Purple Heart for wounds received in action on 31 March 1970.  Therefore, his DD Form 214 should be corrected to show this award.
3.  General orders awarded the applicant the Air Medal for the period 23 March 1969 to 27 March 1969 and 11 to 30 August 1969.  Therefore, his DD Form 214 should be corrected to show the Air Medal with numeral 2.

4.  Special orders awarded the applicant the Combat Infantryman Badge on
29 December 1967.  Therefore, his DD Form 214 should be corrected to show this badge.

5.  During his service in Vietnam, his units were cited for the following awards and these unit awards should be added to his DD Form 214:

* four awards of the Republic of Vietnam Gallantry Cross with Palm Unit Citation (although he is entitled to wear only one of these awards)
* two awards of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation
* one award of the Valorous Unit Award

6.  It appears he met the regulatory requirements for the first award of the Army Good Conduct Medal based on a qualifying period of service from 14 March 1967 through 13 March 1970.  He received "excellent" conduct and efficiency ratings throughout his service, was advanced to SP4, and had no record of any disciplinary actions or a commander's disqualification during this period of service.  Therefore, he should be awarded the Army Good Conduct Medal (1st Award) and his DD Form 214 should be corrected to show this award.

7.  The applicant participated in seven campaign phases during his two tours in Vietnam.  Therefore, he is entitled to one silver service star and two bronze service stars for wear on his already-awarded Vietnam Service Medal and correction of his DD Form 214 to show these service stars.

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.  deleting from item 24 of his DD Form 214 the Bronze Star Medal, Air Medal, and the Vietnam Service Medal;

	b.  awarding him the Army Good Conduct Medal (1st Award) for the period 14 March 1967 through 13 March 1970; and

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

* Bronze Star Medal (2nd Award) and with "V" Device
* Purple Heart
* Air Medal with Numeral 2
* Army Good Conduct Medal (1st Award)
* Combat Infantryman Badge
* Vietnam Service Medal with one silver service star and two bronze service stars
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
(4th Award)
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation (2nd Award)
* Valorous Unit Award



      _______ _  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)                                         AR20100028929



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ABCMR Record of Proceedings (cont)                                         AR20100028929



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