IN THE CASE OF:	  

		BOARD DATE:	 22 December 2012 

		DOCKET NUMBER:  AR20110012358 


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 and the Phoenix Program training course he completed.

2.  The applicant states the Bronze Star Medal and the Phoenix Program training are not listed on his DD Form 214.

3.  The applicant provides his DD Form 214, orders, and two 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 28 December 1967 and he held military occupational specialty 96C (Interrogator).  He served in Vietnam from:

* 13 July 1969 to 25 March 1970, while assigned to the 1st Military Intelligence (MI) Detachment, 1st Infantry Division
* 26 March to 31 July 1970, while assigned to the 101st MI Company, 101st Airborne Division

3.  General Orders Number 17625, dated 23 December 1969, issued by Headquarters, 1st Infantry Division, awarded him the Bronze Star Medal for meritorious achievement in Vietnam during the period 12 July to 30 November 1969.

4.  He was honorably released from active duty on 1 August 1970 in the rank/grade of specialist six (SP6)/E-6 and he was transferred to the U.S. Army Reserve.  He completed 2 years, 7 months, and 4 days of creditable active service with no time lost.

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
* Expert Marksmanship Qualification Badge with Rifle Bar (M-16)
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* Two overseas service bars

6.  Item 38 (Record of Assignments) of his DA Form 20 (Enlisted Qualification Record) shows he received all "excellent" conduct and efficiency ratings throughout his service.  His record is void of any record of disciplinary actions or a commander's disqualification for the award of the Army Good Conduct Medal.

7.  Army Regulation 672-5-1 (Military Awards), in effect at the time, provided that the Army Good Conduct Medal was awarded to individuals who completed a qualified 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.

8.  The applicant provides a certificate of completion, issued by Headquarters, U.S. Military Assistance Command, Vietnam (USMACV), which shows he successfully completed the Counterinsurgency Orientation Course given to Phoenix Program advisors at Vung Tau, Vietnam from 8 to 16 October 1969. 

9.  Army Regulation 600-8-22 (Military Awards), paragraph 2-13, contains the regulatory guidance for the Vietnam Service Medal.  It states 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 Vietnam, participation credit was awarded for the following four campaigns:

* 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)
* Vietnam Counteroffensive (1 July 1970-30 June 1971)

10.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows that while he was assigned to the 1st MI Detachment, 1st Infantry Division, this unit was cited for award of the:

* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 1 October 1965 through 7 April 1970 by Department of the Army General Order (DAGO) Number 53, dated 1971

11.  Department of the Army Pamphlet 672-3, paragraph 6d states DAGO Number 8, dated 1974, announced award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to Headquarters, United States Army Vietnam and its subordinate units during the period 20 July 1965 through 28 March 1973.

12.  Army Regulation 635-5 (Separation Documents), in effect at the time, established the standardized policy for the preparation of the DD Form 214 and DD Form 215.  Paragraph 54 stated in item 25 (Education and Training Completed) enter installation training courses, military correspondence courses, and off-duty courses the enlisted person completed successfully during the period covered by the DD Form 214.

13.  During the Vietnam War, one of the main efforts to attack the insurgent infrastructure was known as the Phoenix Program.  One of the principal requirements of counterinsurgency was the ability to disrupt or destroy not just the insurgency’s military capabilities but also the infrastructure that supports the insurgent forces.  This infrastructure provides, among other things, the critical intelligence, recruiting, and logistics functions that enable insurgents to contend with counterinsurgent forces that are often much more capable in a purely military sense.  

DISCUSSION AND CONCLUSIONS:

1.  General orders awarded the applicant the Bronze Star Medal which is not shown on his DD Form 214.  Therefore, he is entitled to correction of his DD Form 214 to show this award.

2.  The evidence of record shows the applicant completed the Counterinsurgency Orientation Course during the period covered by his DD Form 214.  Therefore, he is entitled to correction of his DD Form 214 to show this course.

3.  He served honorably from 28 December 1967 through 1 August 1970.  He served in Vietnam, was awarded a Bronze Star Medal, received "excellent" conduct and efficiency ratings throughout his military service, and attained the rank/grade of SP6/E-6.  His record is void of any derogatory information that would have disqualified him from receiving his first award of the Army Good Conduct Medal.  Therefore, it would be appropriate to award him the first award of the Army Good Conduct Medal based on completion of a qualifying period of Federal military service and correct his records to show this award.

4.  His record confirms he participated in four campaigns while serving in Vietnam.  Therefore, he is entitled to award of four bronze service stars for wear on his already-awarded Vietnam Service Medal and correction of his DD Form 214 accordingly.

5.  General orders awarded the applicant's unit the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation and the Republic of Vietnam Gallantry Cross with Palm Unit Citation during the period he was assigned to the unit.  Therefore, his DD Form 214 should be corrected to show these unit awards.

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:

* Awarding him the Army Good Conduct Medal (1st Award) for exemplary behavior, efficiency, and fidelity during the period 28 December 1967 through 1 August 1970
* Deleting from item 24 of his DD Form 214 the Vietnam Service Medal
* Adding to item 24 of his DD Form 214 the:

* Bronze Star Medal
* Army Good Conduct Medal (1st Award)
* Vietnam Service Medal with four bronze service stars
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation
* Republic of Vietnam Gallantry Cross with Palm Unit Citation

* Adding to item 25 of his DD Form 214 the entry "USMACV, Vung Tau, Vietnam, 1 week, Counterinsurgency Orientation Course"



      _______ _   _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)                                         AR20110012358



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ABCMR Record of Proceedings (cont)                                         AR20110012358



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