IN THE CASE OF:	  

		BOARD DATE:	  22 September 2011

		DOCKET NUMBER:  AR20110004262 


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:

* that his record be corrected to show award of the Air Medal (AM), Purple Heart, and three awards of the Army Commendation Medal (ARCOM)
* award of any other medals and citations to which he is entitled 
* that he be issued a DD Form 215 (Correction to DD Form 214, Certificate of Release or Discharge from Active Duty)

2.  He states it is an uncorrected clerical error.

3.  He provides:

* DD Form 214 
* Five Orders
* Three Certificates

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 records show he enlisted in the Regular Army on 3 September 1969.  He completed training in military occupational specialty (MOS) 36K (Wireman).

3.  His DA Form 20 (Enlisted Qualification Record) shows in:

	a.  item 31 (Foreign Service) - he served in the Republic of Vietnam (RVN) from 15 March 1970 to 18 February 1971;

	b.  Item 38 (Record of Assignments) - he was assigned to Battery B, 2nd Battalion, 77th Field Artillery Regiment, 25th Infantry Division from 25 March to 23 November 1970; 

	c.  Item 38 he was assigned to Headquarters and Headquarters Company, 1st Battalion, 8th Cavalry, 1st Cavalry Division from 24 November 1970 to         14 February 1971; 

	d.  Item 38 he had all "excellent' conduct and efficiency ratings; and 

   e.  Item 41 (Awards and Decorations) shows the ARCOM, RVN Campaign Medal with "1960" Device, Two Overseas Service Bars, Bronze Star Medal (BSM), and Sharpshooter Marksmanship Qualification Badge with Rifle Bar 
(M-14).

4.  He was honorably released from active duty on 12 April 1972 and transferred to the U.S. Army Reserve Control Group (Annual Training).

5.  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 (VSM), RVNCM, BSM, one Overseas Service Bar, and Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14).

6.  His official military record contains and he submitted the following orders and certificates:

* General Orders 9628 issued by Headquarters, 25th Infantry Division on 
18 September 1970 awarding him the ARCOM
* General Orders 2732 issued by Headquarters, 1st Cavalry Division (Airmobile) on 9 February 1971 awarding him the AM
* General Orders 3052 issued by Headquarters, 1st Cavalry Division (Airmobile) on 16 February 1971 awarding him the ARCOM

7.  He submitted the following orders and certificates:

* General Orders Number 8274 issued by Headquarters, 25th Infantry Division on 22 July 1970 awarding him the Purple Heart 
* General Orders 3058 issued by Headquarters, 1st Cavalry Division (Airmobile) on 16 February 1971 awarding him the ARCOM (1st oak leaf cluster)

8.  A review of his record indicates he is entitled to additional awards and decorations that are not shown on his DD Form 214.

9.  Army Regulation 672-5-1 (Awards), in effect at the time, provided that the Army Good Conduct Medal was awarded to individuals who completed a qualifying period of active duty enlisted service.  This period was 3 years except in those cases when the period for the first award ended with the termination of a period of Federal military service.  The enlisted person must have had all "excellent" conduct and efficiency ratings and no convictions by a court-martial.  

10.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows that Battery B, 2nd Battalion, 77th Field Artillery Regiment, 25th Infantry Division was cited for award of the RVN Gallantry Cross with Palm Unit Citation for action during the period 1 September 1968 - 30 September 1970, by Department of the Army General Orders (DAGO) Number 5, dated 1973.

11.  Army Regulation 600-8-22 (Military Awards), paragraph 2-13, contains the regulatory guidance on the VSM.  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 the RVN, the applicant participated in the following three campaigns:

* Vietnam Winter - Spring, 1969 (1 November 1969 - 30 April 1970)
* DA Sanctuary Counteroffensive (1 May - 30 June 1970)
* Vietnam Counteroffensive Phase VII (1 July 1970 - 30 June 1971)

12.  Army Regulation 670-1 (Uniforms and Insignia) governs the requirements for the Overseas Service Bar.  It states a bar is authorized for wear for each period of active Federal service as a member of the U.S. Army outside of the continental limits of the United States for the specific time frames and areas of operation cited in Army Regulation 670-1 or appropriate Department of the Army message. For Vietnam service, one overseas service bar was authorized for each period of 6 months active Federal service as a member of a U.S. Service in Vietnam from 1 July 1958 to 28 March 1973.  Both the month of arrival and the month of departure from Vietnam were counted as whole months for credit toward the overseas service bar.

DISCUSSION AND CONCLUSIONS:

1.  General orders show he was awarded the ARCOM (3rd award), AM, and Purple Heart.  Therefore, he is entitled to have his record corrected to show these awards.

2.  The available evidence confirms the applicant served in the Army from 
3 September 1969 to 12 April 1972.  His records show he received "excellent" conduct and efficiency ratings throughout his tenure of service.  There is no evidence of any derogatory information that would have disqualified the applicant from award of the Army Good Conduct Medal.  Therefore, it would be appropriate to award the applicant the Army Good Conduct Medal (1st Award) and correct his DD Form 214 to show this medal.

3.  DAGOs awarded his unit the RVN Gallantry Cross with Palm Unit Citation for actions during his period of assignment.  Therefore, he is entitled to have his DD Form 214 corrected to show this unit citation.

4.  Evidence of record shows he is eligible for the VSM with three bronze service stars.  Therefore, he is entitled to have his record corrected to show this award.

5.  Item 24 of his DD Form 214 shows he was awarded one Overseas Service Bar.  However, evidence of record shows he is authorized two Overseas Service Bars.  Therefore, he is entitled to have his DD Form 214 should be corrected to show two Overseas Service Bars.

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 the Army Commendation Medal, Vietnam Service Medal, and one Overseas Service Bar from item 24 of his DD Form 214;  

   b.  awarding him the AGCM (1st Award) for the period 3 September 1969 to 12 April 1972; 
   
   c.  adding to item 24 of his DD Form 214 the Army Commendation Medal (third award), Army Good Conduct Medal (1st award), Purple Heart, Air Medal, and Vietnam Service Medal with three bronze service stars, and two Overseas Service Bars; and 

d.  issuing him a DD Form 215.


      ______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)                                         AR20110004262



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


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