IN THE CASE OF:

		BOARD DATE:  18 January 2012

		DOCKET NUMBER:  AR20110014008
 

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 and pay grade as sergeant/E-5, and his award of the Purple Heart and Army Commendation Medal.

2.  The applicant states his DD Form 214 does not show he was promoted to sergeant and awarded the Purple Heart and Army Commendation Medal.

3.  The applicant provides copies of:

* Purple Heart citation and general orders
* Army Commendation Medal citation and general orders
* sergeant promotion orders
* U.S. Army Reserve (USAR) discharge orders

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 on 24 June 1969.  He completed training and was awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman).

3.  The applicant's DA Form 20 (Enlisted Qualification Record) shows in:

	a.  item 38 (Record of Assignments) that he was assigned in Vietnam to Company B, 1st Battalion, 8th Cavalry, 1st Cavalry from 3 December 1969 until 28 December 1970.  He received all "excellent" conduct and efficiency ratings; and

	b  item 41 (Awards and Decorations) that he was awarded the National Defense Service Medal, Vietnam Service Medal, Combat Infantryman Badge, Purple Heart, Air Medal, Republic of Vietnam Campaign Medal, one oversea service bar, and the Bronze Star Medal.

4.  The applicant's DD Form 214 shows he was honorably released from active duty on 31 December 1970, as a specialist four/E-4.  He had completed 1 year, six months, and 8 days of total active service.

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, Vietnam Service Medal, Vietnam Campaign Medal, Bronze Star Medal, Combat Infantryman Badge, and the Air Medal. 

6.  The applicant's record contains:

	a.  Headquarters, 1st Cavalry Division, General Orders Number 13704, dated  
29 July 1970, showing he was awarded the Purple Heart for wounds received in action on 11 July 1970, 

	b.  Headquarters, U.S. Army Training Center, Engineer and Fort Leonard Wood, Special Orders Number 238, dated 26 August 1969, showing he qualified for the Marksman Marksmanship Qualification Badge with Rifle Bar (M-14), the Expert Marksmanship Qualification Badge with Grenade Bar; and

	c.  Headquarters, U.S. Army Training Center and Fort Polk, Special Orders Number 244, dated 6 October 1969, showing the applicant qualified for the Marksman Marksmanship Qualification Badge with Machinegun Bar and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16).

7.  In support of his request, the applicant provides copies of:

	a.  the certificate and General Orders Number 13704, Headquarters, 1st Cavalry Division, dated 29 July 1970, showing he  was awarded the Purple Heart for wounds received in action in Vietnam on 11 July 1970. 

	b.  the certificate and General Orders Number 230, Headquarters, 1st Cavalry Division, dated 5 January 1971, showing he was awarded the Army Commendation Medal for meritorious achievement during the period 
1–5 November 1969, 

	c.  Special Orders Number 6, Headquarters, 1st Cavalry Division, dated 
6 January 1971, showing he was promoted to sergeant effective 1 December 1969; and

	d.  Letter Orders Number 05-1153569, Office of the Adjutant General, U.S. Army Reserve Components Personnel and Administration Center, dated 20 May 1975, showing he was honorably discharged from the USAR Control Group Standby, effective 1 June 1975, as a sergeant.

8.  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 the 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.  Ratings of "unknown" for portions of the period under consideration were not disqualifying.  There must have been no convictions by a court-martial.

9.  Army Regulation 600-8-22 contains the regulatory guidance for the Vietnam Service Medal.  It states a bronze service star is authorized with this award for 
each Vietnam campaign.  During his service in Vietnam, the applicant participated in the following three campaigns:

* Vietnam Winter - Spring 1970                  1 November 1969 - 30 April 1970
* Sanctuary Counteroffensive                     1 May - 30 June 1970
* Vietnam Counteroffensive Phase VII        1 July 1970 - 30 June 1971


10.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in the Republic of Vietnam.  This pamphlet shows the 1st Battalion, 8th Cavalry was cited for award of the:

* Valorous Unit Award for the period 1 May – 29 June 1970, by Department of the Army General Orders (DAGO) Number 43, dated 1972
* Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period May 1969 – February 1970 by DAGO Number 42, dated 1972, as amended by DAGO Number 11, dated 1973
* Republic of Vietnam Civil Actions Honor Medal, First Class Unit Citation for the period 1 January 1969 – 1 February 1970, by DAGO Number 42, dated 1972

DISCUSSION AND CONCLUSIONS:

1.  The applicant's record contains orders showing he was awarded the Purple Heart for wounds received in action on 11 July 1970, the Expert Marksmanship Qualification Badge with Grenade Bar, the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16), and the Marksman Marksmanship Qualification Badge with Rifle and Machinegun Bars  

2.  The applicant provides copies of orders showing he was awarded the Army Commendation Medal for meritorious achievement during the period 1-5 November 1969, and that he was promoted to sergeant effective 1 December 1969.

3.  The available evidence clearly shows he distinguished himself in the performance of his military service as evidenced by his promotion to sergeant and there is no evidence of a commander's disqualification for the first award of the Army Good Conduct Medal.  It is presumed that his not receiving the first award of the Army Good Conduct Medal for his service was an oversight.  Therefore, he should be awarded the first award of the Army Good Conduct Medal.

4.  Records show the applicant participated in three campaign periods during his service in Vietnam.  Therefore, he is entitled to three bronze service stars for wear on his already-awarded Vietnam Service Medal.

5.  During the applicant's assignment Vietnam his unit was cited for award of the
Valorous Unit Award, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Republic of Vietnam Civil Actions Honor Medal, First Class Unit Citation.
6.  His DD Form 214 should be corrected to show the promotion and the awards.

BOARD VOTE:

___X____  ___X____  ____X __  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined the evidence presented is 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.  deleting the entries in items 5a and 5b of his DD Form 214, and replacing them with sergeant and E-5, respectively, 

	b.  awarding him the Army Good Conduct Medal (1st Award) for the period 
24 June 1969 through 31 December 1970; and

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

* Purple Heart
* Army Commendation Medal
* Army Good Conduct Medal (1st Award)
* Vietnam Service Medal with three bronze service stars 
* Expert Marksmanship Qualification Badge with Grenade Bar 
* Sharpshooter Marksmanship Qualification Badge with Rifle (M-16) 
* Marksmanship Qualification Badge with Rifle (M-14) and Machinegun Bars
* Valorous Unit Award


* Republic of Vietnam Gallantry Cross with Palm Unit Citation 
* 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)                                         AR20100025029



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ABCMR Record of Proceedings (cont)                                         AR20110014008



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