IN THE CASE OF:	  

		BOARD DATE:	  8 November 2011

		DOCKET NUMBER:  AR20110013206 


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 his rank/grade as staff sergeant (SSG)/E-6 instead of sergeant (SGT)/E-5 and awards of the:

* Bronze Star Medal
* Purple Heart with 2nd Oak Leaf Cluster (OLC)
* Air Medal
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation
* Army Good Conduct Medal
* Republic of Vietnam Campaign Medal with Device (1960)

2.  The applicant states his DD Form 214 contains errors.

3.  The applicant provides:

* DD Form 214
* DA Form 20 (Enlisted Qualification Record)
* letter from the Department of Veterans Affairs
* letter from the National Personnel Records Center
* General Orders (GO) Number 1729 awarding him the Purple Heart
* GO Number 4934 awarding him the Purple Heart with 2nd OLC
* GO Number 6681 awarding him the Bronze Star Medal
* GO Number 3984 awarding him the Air Medal

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 for 3 years on 5 November 1964 and he held military occupational specialty (MOS) 11E (Armor Crewmember).  He served in Vietnam with Company C, 1st Battalion, 5th Cavalry, 1st Cavalry Division, from 11 December 1966 to 17 September 1967.

3.  Items 2 (Grade) and 3 (Date of Rank) of his DA Form 20 are penciled in with the entries "SSG" and "16 May 67"; however, item 33 (Appointments and Reductions) of his DA Form 20 is blank.

4.  Headquarters, 1st Cavalry Division, published the following GO's, all of which reflect the applicant's rank as SSG:

* GO Number 1729, dated 14 April 1967, awarded him the Purple Heart for wounds received in action on 4 April 1967
* GO Number 3727, dated 6 July 1967, awarded him the Purple Heart with 1st OLC for wounds received in action also on 4 April 1967
* GO Number 3984, dated 14 July 1967, awarded him the Air Medal
* GO Number 4934, dated 29 August 1967, awarded him the Purple Heart with 2nd OLC for wounds received in action on 23 August 1967
* GO Number 6681, dated 1 November 1967, awarded him the Bronze Star Medal for meritorious service 

5.  He was honorably released from active duty (on temporary records) on 7 February 1968.  He completed 3 years, 3 months, and 3 days of creditable active service with no lost time.  His DD Form 214 shows in:

* items 5a (Grade, Rate, or Rank), 5b (Pay Grade), and 6 (Date of Rank) the entries "SGT (Permanent (P))," "E-5," and "26 May 66," respectively
* item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) shows the National Defense Service Medal and Vietnam Service Medal

6.  A review of his service reveals no derogatory information in his record.  Additionally, item 38 (Record of Assignments) of his DA Form 20 shows he received "good" conduct and efficiency ratings for his period of military service from 13 November 1967 to 6 February 1968.  He was released from active duty on temporary records.

7.  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.  Service school efficiency ratings based upon academic proficiency of at least "good" were not disqualifying.  There must have been no convictions by a court-martial.  However, there was no right or entitlement to the medal until the immediate commander made a positive recommendation for its award and until the awarding authority announced the award in general orders.

8.  Army Regulation 600-8-22 (Military Awards) states the Republic of Vietnam Campaign Medal with Device (1960) was awarded by the Government of Vietnam to all members of the Armed Forces of the United States for qualifying service in Vietnam during the period 1 March 1961 through 28 March 1973.  Qualifying service included assignment in Vietnam for 6 months or more.

9.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows that during his service with the 1st Battalion, 5th Cavalry from 11 December 1966 to 17 September 1967, this unit was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation for service from 9 August 1965 to 19 May 1969 based on Department of the Army GO Number 59, dated 1969.

10.  Appendix B of Army Regulation 600-8-22 shows during his service in Vietnam, campaign participation credit was awarded for the following campaigns. 
This regulation also states a bronze service star is authorized with this award for each Vietnam campaign a member is credited with participating in.

* Vietnam Counteroffensive Phase II – 1 July 1966 to 31 May 1967
* Vietnam Counteroffensive Phase III – 1 June 1967 to 29 January 1968
11.  Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214.  Chapter 2 of the regulation in effect at the time contained guidance on the preparation of the DD Form 214.  It stated items 5a and 5b will show the active duty rank and pay grade at time of the Soldier's separation ( the rank is taken from the Soldier's promotion/reduction orders) and item 6 shows the date of rank.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's DA Form 20 shows his rank and grade as that of a SSG/E-6 with an effective date of rank as 16 May 1967.  This rank is also shown on all GO's awarding him his combat awards.  Therefore, he is entitled to correction of his DD Form 214 to show his rank/grade as that of SSG/E-6.

2.  GO's awarded him the Bronze Star Medal, Air Medal and three awards of the Purple Heart; none of these are shown on his DD Form 214.  Therefore, he is entitled to correction of his DD Form 214 to show these awards.

3.  GO's awarded his unit in Vietnam the Republic of Vietnam Gallantry Cross with Palm Unit Citation which is not shown on his records; therefore, he is entitled to correction of his records to show this unit award.

4.  He was awarded the Vietnam Service Medal.  Additionally, he participated in two campaigns while serving in the Republic of Vietnam.  Therefore, he is entitled to two bronze service stars to be affixed to his Vietnam Service Medal.

5.  He served a qualifying period of service for award of the Republic of Vietnam campaign Medal with Device (1960) which is not shown on his DD Form 214; therefore, he is entitled to correction of his DD Form 214 to show this award.

6.  He served honorably during the period 5 November 1964 through 7 February 1968:

	a.  Although he received "good" conduct and efficiency ratings for his period of military service from 13 November 1967 to 6 February 1968, he completed a combat tour of duty in Vietnam and he received multiple combat awards, including two awards of the Purple Heart.  Additionally, he was released from active duty on temporary records.

	b.  His record does not contain any derogatory information that would have disqualified him from receiving the 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 as an exception to policy based on completion of a qualifying period of Federal military service and to correct his DD Form 214 to show this medal.

7.  With respect to the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, his unit of assignment in Vietnam was not awarded this award during his service with this unit.  Additionally, he did not serve with any other unit that was awarded this award.

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:

* awarding him the Army Good Conduct Medal (1st Award) for exemplary behavior, efficiency, and fidelity during the period 5 November 1964 through 7 February 1968
* deleting the entries "SGT (P)," "E-5," and "26 MAY 66" and adding the entries "SSG (P)," "E-6," and "16 MAY 67" from items 5a, 5b, and 6, respectively
* adding to his DD Form 214 the:

* Bronze Star Medal
* Purple Heart (3rd Award)
* Air Medal
* Army Good Conduct Medal (1st Award)
* two bronze service stars for his already-awarded Vietnam Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* Republic of Vietnam Gallantry Cross with Palm Unit Citation

2.  The Board further determined 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 the Republic of Vietnam Civil Actions Honor Medal First Class 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)                                         AR20110013206



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ABCMR Record of Proceedings (cont)                                         AR20110013206



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