IN THE CASE OF:	  

		BOARD DATE:  22 February 2012

		DOCKET NUMBER:  AR20110015616 


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 with "V" Device and the Air Medal.

2.  The applicant states he needs these awards entered on his DD Form 214 to make it official.

3.  The applicant provides his DD Form 214, Bronze Star Medal with "V" Device orders, and Air Medal 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.  His military records show he was inducted into the Army on 20 August 1968.  He was awarded the military occupational specialty of light weapons infantryman and he attained the rank of sergeant/pay grade E-5.

3.  Item 38 (Record of Assignments) of his DA Form 20 (Enlisted Qualification Record) shows he performed duties as a team leader and automatic rifleman during his tour of duty in the Republic of Vietnam (RVN) while assigned to Company B, 3d Battalion, 12th Infantry, 4th Infantry Division during the period 20 January 1969 to 11 January 1970.

4.  General Orders Number 1205, issued by Headquarters, 4th Infantry Division, dated 25 February 1970, awarded him the Bronze Star Medal with "V" Device for heroism in action in the RVN on 16 August 1969.

5.  General Orders Number 621, issued by Headquarters, 4th Infantry Division, dated 27 January 1970, awarded him the Air Medal for the period 22 January to 16 December 1969.

6.  He was honorably released from active duty on 19 August 1970 and transferred to the U.S. Army Reserve Control Group (Annual Training) to complete his remaining Reserve obligation.  He completed a total of 2 years of active service.

7.  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
* RVN Campaign Medal
* Combat Infantryman Badge
* Army Commendation Medal
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-14)
* two overseas service bars

8.  His records are void of any orders or other documents that indicate he was ever recommended for or awarded the Army Good Conduct Medal by proper authority.  His DA Form 20 shows all "excellent" conduct and efficiency ratings.  There are no adverse actions recorded in the available records and no disqualification by his chain of command. 

9.  Army Regulation 672-5-1 (Military Awards), in effect at the time, required that throughout a qualifying period of service for award of the Army Good Conduct Medal the enlisted person must have had all "excellent" conduct and efficiency ratings and no convictions by a court-martial.  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.

10.  Appendix B of Army Regulation 600-8-22 (Military Awards) shows the campaigns for Vietnam and states a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.  During his tour of duty in Vietnam he participated in the following campaigns:

* Vietnam Counteroffensive Phase VI (2 November 1968 - 22 February 1969)
* Tet 69 Counteroffensive (23 February - 8 June 1969)
* Vietnam Summer - Fall 1969 (9 June - 31 October 1969)
* Vietnam Winter - Spring 1970 (1 November 1969 - 30 April 1970)

11.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows 3d Battalion, 12th Infantry, 4th Infantry Division, was awarded the following during his assignment to the unit:

* RVN Gallantry Cross with Palm Unit Citation for the period October 1966-17 November 1970
* RVN Civil Actions Honor Medal First Class Unit Citation for the period 1 October 1966-31 October 1969

DISCUSSION AND CONCLUSIONS:

1.  General orders awarded him the Bronze Star Medal with "V" Device.  Therefore, he is entitled to have this medal added to his DD Form 214.

2.  General orders awarded him the Air Medal.  Therefore, he is entitled to have this medal added to his DD Form 214.

3.  He completed a period of qualifying service ending with the termination of a period of Federal military service.  He had "excellent" conduct and efficiency ratings throughout his tenure of service.  He attained the rank of sergeant.  There is no record of any disciplinary action taken against him or disqualification by his chain of command.  Therefore, it would be appropriate to award him the Army Good Conduct Medal for the period 20 August 1968 through 19 August 1970 and add this award to his DD Form 214.

4.  He participated in four campaigns during his service in Vietnam.  Therefore, he is entitled to four bronze service stars for wear on his already-awarded Vietnam Service Medal and correction of his DD Form 214 to show these bronze service stars.

5.  His unit was awarded the RVN Gallantry Cross with Palm Unit Citation and the RVN Civil Actions Honor Medal First Class Unit Citation during his service with the unit in Vietnam.  Therefore, his DD Form 214 should be corrected to show these unit awards.

6.  In view of the foregoing, he is entitled to have his records corrected as shown below. 

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 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 20 August 1968 through 19 August 1970; 

	b.  deleting from item 24 of his DD Form 214 the Vietnam Service Medal, and

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

* Bronze Star Medal with "V" Device 
* Air Medal
* Army Good Conduct Medal (1st Award)
* Vietnam Service Medal with four bronze service stars


* RVN Gallantry Cross with Palm Unit Citation
* RVN 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)                                         AR20110015616



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ABCMR Record of Proceedings (cont)                                         AR20110015616



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