BOARD DATE: 10 November 2011
DOCKET NUMBER: AR20110008306
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 he be issued a DD Form 215 (Correction to DD Form 214, Certificate of Release or Discharge from Active Duty) which shows his awards and decorations for his Vietnam service.
2. The applicant states, in effect, that he requested the issuance of his medals and he was given medals which are not reflected on his DD Form 214.
3. The applicant provides a letter from the National Personnel Records Center, dated 21 January 2008.
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 applicants 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 applicants failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. The applicants military records show that he was inducted into the Army of the United States on 21 July 1966; he was awarded the military occupational specialty of armor crewman; served in Vietnam from 26 July 1967 to 24 February 1968; and was promoted to pay grade E-5. While in Vietnam he was assigned to Troop C, 3d Squadron, 4th Cavalry, 25th Infantry Division from 6 August 1967 to 23 February 1968.
3. He was honorably released from active duty on 19 July 1968. The DD Form 214 he was issued shows he was awarded or authorized the National Defense Service Medal, Vietnam Service Medal, Vietnam Campaign Medal, Sharpshooter Marksmanship Qualification Badge with Rifle Bar, and Marksman Marksmanship Qualification Badge with Pistol Bar.
4. The applicant's records contain his DA Form 20 (Enlisted Qualification Record) which shows his conduct and efficiency were consistently rated as "Excellent." His records also contain General Orders Number 23 dated 22 March 1968 which awarded him the Purple Heart. There is no record of the applicant having any disciplinary action taken against him while he was on active duty.
5. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows that the applicant's unit was awarded the Presidential Unit Citation for a period which included the dates the applicant was assigned to that unit. That publication also shows the pertinent identified campaign periods, for which a bronze service star is authorized for wear on the Vietnam Service Medal. Those periods are: Counteroffensive Phase III (1 July 1966 through 29 January 1968) and Tet (30 January 1968 through 1 April 1968).
6. Department of the Army General Order Number 8, dated 1974, awarded all personnel assigned to the United States Army Vietnam from 8 February 1962 through 28 March 1973 the Republic of Vietnam Gallantry Cross with Palm Unit Citation.
7. Army Regulation 600-8-22 (Military Awards) provides that the 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. At that time, a single efficiency rating of less than excellent was disqualifying.
DISCUSSION AND CONCLUSIONS:
1. The applicant was awarded the Purple Heart and is authorized the Presidential Unit Citation, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and 2 bronze service stars to be affixed to his already-awarded Vietnam Service Medal. As such, it would be proper to now add these awards to his
DD Form 214.
2. In addition, based on the applicant's "excellent" conduct and efficiency ratings, it would appear that he should have been awarded the Army Good Conduct Medal (1st Award).
3. In view of the foregoing, the applicant's records should be corrected as recommended below.
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. awarding him the Army Good Conduct Medal (1st Award) for the period
21 July 1966 to 19 July 1968; and
b. adding the Army Good Conduct Medal (1st Award), Purple Heart, Presidential Unit Citation, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and 2 bronze service stars to be affixed to his already awarded Vietnam Service Medal 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) AR20110008306
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