IN THE CASE OF:	  

		BOARD DATE:	29 September 2011

		DOCKET NUMBER:  AR20110005845


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, in effect, correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show the:

* Army Commendation Medal with "V" Device
* Army Good Conduct Medal
* Vietnam Service Medal with 3 bronze service stars
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation
* any Presidential Unit Citation (PUC), Valorous Unit Award (VUA), or Meritorious Unit Commendation (MUC) his unit may have been awarded during his tour of duty in Vietnam
* 2 overseas service bars

He also requests a certificate for the Purple Heart he was awarded for wounds received on 9 May 1968.

2.  The applicant states the awards were left off his DD Form 214 upon leaving Vietnam and the Army.

3.  The applicant provides:

* a letter from the National Personnel Records Center, St. Louis, MO, dated 21 March 2011
* his DD Form 214
* 
a DA Form 20 (Enlisted Qualification Record)
* Special Orders Number 215, issued by Headquarters, U.S. Army Training Center, Fort Campbell, KY, dated 6 September 1967
* Special Orders Number 267, issued by Headquarters, U.S. Army Training Center, Field Artillery, Fort Sill, OK, dated 9 November 1967
* General Orders Number 3535, issued by Headquarters, 25th Infantry Division, dated 12 May 1968
* General Orders Number 8029, issued by the same headquarters, dated
7 November 1968
* Special Orders Number 66, issued by Headquarters, 2nd Armored Division, Fort Hood, TX, dated 7 March 1969
* Special Orders Number 91, issued by Headquarters, III Corps, Fort Hood, TX, dated 17 April 1969

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 on 13 July 1967. He completed training and he was awarded military occupational specialty (MOS) 13A (Field Artillery Basic).  He was subsequently awarded MOS 13E (Field Artillery Operations and Intelligence Assistant) on 11 October 1968.

3.  He served in the Republic of Vietnam from 17 December 1967 to
13 December 1968, while assigned to the 3rd Battalion, 13th Artillery Regiment, 25th Infantry Division.

4.  General Orders Number 3535, dated 12 May 1968, awarded him the Purple Heart for wounds received in connection with military operations against a hostile force in the Republic of Vietnam on 9 May 1968.

5.  General Orders Number 8029, dated 7 November 1968, awarded him the Army Commendation Medal with "V" Device for heroism in connection with military operations against a hostile force in the Republic of Vietnam on
22 August 1968.

6.  On 18 April 1969, he was honorably released from active duty at the expiration of his term of service.  His DD Form 214 shows he completed 1 year,
9 months, and 6 days of total active service, including 11 months and 28 days of foreign service in the Republic of Vietnam.  The highest rank/grade he attained while serving on active duty was specialist four (SP4)/E-4.

7.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of the DD Form 214 he was issued at the time of his release from active duty shows the:

* Purple Heart
* Army Commendation Medal
* National Defense Service Medal
* Vietnam Service Medal with 2 bronze service stars
* Republic of Vietnam Campaign Medal with Device (1960)
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16)
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-14)

8.  Item 38 (Record of Assignments) of the applicant's DA Form 20 shows he received all "excellent" conduct and efficiency ratings throughout his service.  There is no evidence of any convictions by court-martial or receipt of nonjudicial punishment under Article 15, Uniform Code of Military Justice (UCMJ), or a commander's disqualification that would have precluded him from receiving the first award of the Army Good Conduct Medal.

9.  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 a court-martial.

10.  Army Regulation 600-8-22 (Military Awards), 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.  A 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 five campaigns:

* Vietnam Counteroffensive Phase III (1 June 1967- 29 January 1968)
* Tet Counteroffensive (30 January 1968 - 1 April 1968)
* Vietnam Counteroffensive Phase IV (2 April 1968 - 30 June 1968)
* Vietnam Counteroffensive Phase V (1 July 1968 - 1 November 1968)
* Vietnam Counteroffensive Phase VI (2 November 1968 - 22 February 1969)

11.  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 3rd Battalion, 13th Artillery Regiment, the unit to which the applicant was assigned, was cited for award of the:

* Meritorious Unit Commendation for the period 1 December 1967 through 31 May 1968 by Department of the Army General Orders (DAGO) Number 17, dated 1969
* Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period April 1966 through August 1968 by DAGO Number 48, dated 1971
* Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 1 September 1968 through 30 September 1970 by DAGO Number 5, dated 1973
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period April 1966 through 21 August 1970 by DAGO Number 51, dated 1971

12.  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.

13.  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.  The applicant's DD Form 214 shows award of the Army Commendation Medal; however, general orders awarded him the Army Commendation Medal with "V" Device.  Therefore, he is entitled to correction of his DD Form 214 to include the "V" Device.

2.  He received all "excellent" conduct and efficiency ratings throughout his service.  There is no evidence of any disciplinary or derogatory actions or a commander's disqualification for the first award of the Army Good Conduct Medal.  Therefore, he should be awarded the Army Good Conduct Medal
(1st Award) and his DD Form 214 should be corrected to show this award.

3.  He 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 to show the silver service star.

4.  His unit in Vietnam was cited for one award of the Meritorious Unit Commendation, two awards of the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and one award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation during his period of assignment.  Therefore, he is entitled to correction of his DD Form 214 to show these unit awards.

5.  There is no evidence the applicant's unit in Vietnam was cited for award of the Presidential Unit Citation or the Valorous Unit Award at any time during the applicant's period of assignment.  Therefore, there is no basis for granting this portion of his request.

6.  General orders awarded the applicant the Purple Heart for wounds received in action in the Republic of Vietnam on 9 May 1968, which is currently shown on his DD Form 214.  Therefore, the applicant should be issued a Purple Heart certificate as requested.

7.  The overseas service bar is a clothing item, and as such, there is no provision for adding this item to the DD Form 214.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

__X_____  ___X____  ____X___  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined the evidence presented is 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.  deleting from item 24 of his DD Form 214 the:

* Army Commendation Medal
* Vietnam Service Medal with two bronze service stars

	b.  awarding him the Army Good Conduct Medal (1st Award) for the period
13 July 1967 through 18 April 1969; and

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

* Army Commendation Medal with "V" Device
* Army Good Conduct Medal (1st Award)
* Vietnam Service Medal with 1 silver service star
* Meritorious Unit Commendation
* Republic of Vietnam Gallantry Cross with Palm Unit Citation (2nd Award)
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation

	d.  issuing him a Purple Heart certificate for wounds received in action in the Republic of Vietnam on 9 May 1968.

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 adding a Presidential Unit Citation, a Valorous Unit Award, or any overseas service bars to his DD Form 214.



      ________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)                                         AR20100015543



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ABCMR Record of Proceedings (cont)                                         AR20110005845



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