IN THE CASE OF:	  

		BOARD DATE:	  20 September 2011

		DOCKET NUMBER:  AR20110005560 


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 show the Bronze Star Medal with "V" Device and Presidential Unit Citation.  He also requests award of the Army Good Conduct Medal.

2.  The applicant states:

* His DD Form 214 is missing information
* He received the Bronze Star Medal with "V" Device and his DD Form 214 shows the Bronze Star Medal
* He served with the 2nd Battalion, 12th Infantry Recon Platoon with the 4th Infantry/25th Infantry at the Battle of Soui Tre or LZ [landing zone] Gold and his unit was issued the Presidential Unit Citation for that battle
* He was not awarded the Good Conduct Medal

3.  The applicant provides no documentary evidence.

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.  He was inducted into the Army of the United States on 15 December 1965.  He arrived in Vietnam on 22 September 1966.  His DA Form 20 (Enlisted Qualification Record) shows he served as an armor intelligence specialist assigned to Headquarters and Headquarters Company, 2nd Battalion, 12th Infantry in Vietnam from 22 September 1966 to 8 May 1967.  He was assigned to the Security Guard Company, Special Troops in Vietnam from 9 May 1967 to 
9 August 1967.  On 14 December 1967, he was released from active duty in the temporary rank of specialist four after completing 2 years of creditable active service with no time lost.  

3.  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, Republic of Vietnam Campaign Medal with Device (1960), Combat Infantryman Badge, Purple Heart, and Bronze Star Medal as authorized awards.  

4.  There are no orders for the Bronze Star Medal in the available records.  

5.  Item 41 (Awards and Decoration) of his DA Form 20 shows the entry "BSMdle" and Headquarters, 25th Infantry Division General Orders Number 111, dated 9 January 1967, as the issuing authority.  However, Headquarters, 25th Infantry Division General Orders Number 111, dated 9 January 1967, show he received the Bronze Star Medal with "V" Device for heroism on 7 December 1966 in Vietnam. 

6.  There is no evidence the applicant received the first award of the Good Conduct Medal.  There also is no evidence the applicant was disqualified by his chain of command from receiving the Good Conduct Medal.  His records show he received conduct and efficiency ratings of "excellent" throughout his service.

7.  Records show he participated in two campaigns during his assignment in Vietnam.

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 2nd Battalion, 12th Infantry, was not cited for the Presidential Unit Citation while he was assigned to it.
9.  Department of the Army Pamphlet 672-3 shows the 2nd Battalion, 12th Infantry, was cited for award of the:

* Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period October 1966 to 1 August 1967 by Department of the Army General Orders (DAGO) 48, dated 1971
* Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 1 August 1967 to August 1968 by DAGO 48, dated 1971
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation by DAGO 51, dated 1971

10.  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 with Palm 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.

11.  Army Regulation 672-5-1 (Awards), in effect at the time, provided policy and criteria concerning individual military decorations.  It stated that 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 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.  At the time, a Soldier's conduct and efficiency ratings must have been rated as "excellent" for the entire period of qualifying service.

12.  Army Regulation 600-8-22 (Military Awards) states a bronze service star is worn on the appropriate service ribbon, to include the Vietnam Service Medal, for each credited campaign.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's DD Form 214 shows the Bronze Star Medal as an authorized award but orders show he received the Bronze Star Medal with "V" Device.  His DD Form 214 should be corrected to show the Bronze Star Medal with "V" Device.

2.  He contends his unit received the Presidential Unit Citation.  However, his unit was not cited for award of the Presidential Unit Citation while he was assigned to it.  Therefore, there is insufficient evidence on which to add this unit citation to his DD Form 214.


3.  He was released from active duty in the temporary rank of specialist four with 2 years of creditable active service with no time lost.  It appears the applicant met the eligibility criteria for the first award of the Army Good Conduct Medal for the period 15 December 1965 through 14 December 1967 based on completion of a period of qualifying service ending with the termination of a period of Federal military service.  Therefore, his DD Form 214 should be corrected to show this award.

4.  He participated in two campaigns during his assignment in Vietnam which entitles him to the Vietnam Service Medal with two bronze service stars.  His DD Form 214 should be corrected to show this award.

5.  His unit was cited for two separate awards of the Republic of Vietnam Gallantry Cross with Palm Unit Citation while he was assigned to it.  Although he is entitled to wear only one of these awards, his DD Form 214 should be corrected to show both unit awards.

6.  His unit was cited for award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation while he was assigned to it.  His DD Form 214 should be corrected to show this unit award.

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 him the first award of the Army Good Conduct Medal for the period 15 December 1965 through 14 December 1967;  

	b.  deleting the entry "Bronze Star Medal" from item 24 of his DD Form 214; and	

	c. adding the Bronze Star Medal with "V" Device, Army Good Conduct Medal (1st Award), two awards of the Republic of Vietnam Gallantry Cross with Palm Unit Citation, one award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, and two bronze service stars for wear on his already-awarded Vietnam Service Medal in item 24 of his DD Form 214.    
 
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 award of the Presidential 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)                                         AR20110005560





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ABCMR Record of Proceedings (cont)                                         AR20110005560



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