IN THE CASE OF:	  

		BOARD DATE:	    21 February 2012

		DOCKET NUMBER:  AR20110016416 


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 Purple Heart and Bronze Star Medal.

2.  He also requests correction of the spelling of his last name and middle initial on his Purple Heart orders.

3.  The applicant states he has documents to prove he was awarded the Purple Heart and Bronze Star Medal.  His Purple Heart orders show his last name spelled as "Cor----" and his middle initial as "E"; however, it should be "Cro----" and "F."

4.  He provides:

* his Purple Heart orders
* Bronze Star Medal orders and certificates
* DD Form 214
* Pennsylvania Commercial Driver's License

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 of the United States on 10 February 1970.  Item 1 (Last Name - First Name - Middle Name) of his DD Form 47 (Record of Induction) shows the spelling of his last name as "Cro----" and his middle name as "Francis."

3.  On 4 April 1970, while undergoing advanced individual training, he accepted nonjudicial punishment under Article 15, Uniform Code of Military Justice (UCMJ) for leaving his post before he was regularly relieved.

4.  He completed his training and he was awarded military occupational specialty (MOS) 11D (Armor Intelligence Specialist).

5.  Special Orders Number 103, issued by Headquarters, U.S. Army Training Center, Fort Dix, NJ, dated 13 April 1970, awarded him the Expert Marksmanship Qualification Badge with Grenade Bar and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16)

6.  Special Orders Number 104, issued by Headquarters, Advanced Individual Training Brigade, Fort Knox, KY, dated 18 May 1970, awarded him the Expert Marksmanship Qualification Badge with Machinegun Bar (M-60).

7.  He served in Vietnam from 13 July 1970 to 8 July 1971 while assigned to:

* Troop C, 2nd Squadron, 1st Calvary, from 17 July 1970 to 23 September 1970
* Company A, 2nd Battalion, 8th Infantry, 4th Infantry Division, from
2 October through 20 October 1970
* Troop C, 3rd Squadron, 5th Calvary, 9th Infantry Division, from 1 November 1970 to 8 July 1971

8.  General Orders Number 2068, issued by Headquarters, 1st Infantry Brigade, 5th Infantry Division (Mechanized), dated 29 November 1970, awarded him the Purple Heart for wounds received in action in Vietnam on 20 November 1970.  These orders show his last name and middle initial as "Cor----" and "E," respectively.
9.  General Orders Number 1145, issued by the same headquarters, dated
26 June 1971, awarded him the Bronze Star Medal for meritorious service in Vietnam from July 1970 to July 1971.

10.  On 13 October 1971, he was honorably released from active duty in pay grade E-4 and he was transferred to the U.S. Army Reserve (USAR) Control Group (Annual Training).  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

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

* item 1 (Name (Last, First, Middle Initial) the entry "Cro---- R----- F"
* item 38 (Record of Assignments) he consistently received "excellent" conduct and efficiency ratings with a rating of "unknown" during the period 17 July to 22 September 1970.

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

13.  Army Regulation 600-8-22 (Military Awards) provides Department of the Army policy, criteria, and administrative instructions concerning individual military decorations, Army Good Conduct Medal, service medals and ribbons, combat and special skill badges and tabs, unit decorations, and trophies, and similar devices awarded in recognition of accomplishments.  It states:

	a.  the Republic of Vietnam Campaign Medal with Device (1960) is 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 and having contributed direct combat support to the Republic of Vietnam and Armed Forces.
	b.  paragraph 2-13, contains the regulatory guidance on the Vietnam Service Medal.  It states that 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, the applicant participated in the following two campaigns:

* Vietnam Counteroffensive Phase VII (1 July 1970 - 30 June 1971)
* Consolidation I (1 July - 30 November 1971)

14.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam.  This pamphlet shows the units to which the applicant was assigned was cited for award of the:

* Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 29 July 1969 through 17 November 1970 by Department of the Army General Order (DAGO) Number 52, dated 1971
* Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 8 February through 30 April 1971 by DAGO Number 42, dated 1972
* Republic of Vietnam Gallantry Cross with Silver Star for the period 1 June 1969 through 30 August 1970 by DAGO Number 24, dated 1972

15.  Department of the Army Pamphlet 672-3, paragraph 6 (Miscellaneous Information) states that not more than one award of the Republic of Vietnam Gallantry Cross Unit Citation may be worn by any individual.  Although wear of multiple awards of this unit citation badge is not authorized, official military personnel and historical records will indicate all awards received.

DISCUSSION AND CONCLUSIONS:

1.  General orders awarded the applicant the Purple Heart and Bronze Star Medal during his period of service in Vietnam.  Therefore, his DD Form 214 should be corrected to show these awards.

2.  General Orders Number 2068 that awarded the applicant the Purple Heart incorrectly spelled his last name as Cor---- and annotated his middle initial as E." Evidence shows his last name is "Cro----" with a middle initial of "F."  Therefore, General Orders Number 2068 should be corrected accordingly.

3.  The evidence of record shows the applicant consistently had "excellent" conduct and efficiency ratings throughout his service with an "unknown" rating from 17 July to 22 September 1970.  There is evidence of minor 

indiscipline during his service; however, this minor indiscipline should not over-shadow his achievements.  While in the Army, he was awarded the Purple Heart and Bronze Star Medal during his service in Vietnam and he attained the pay grade of E-4.  There is also no evidence of a commander's disqualification that would have precluded him from being awarded the first award of the Army Good Conduct Medal.  Therefore, it would be appropriate at this time to award him the Army Good Conduct Medal (1st Award) for the period 10 February 1970 through 13 October 1971 and to correct his DD Form 214 to show this award.

4.  He participated in two campaigns while serving in Vietnam.  Therefore, he is entitled to two 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.  He served during a qualifying period of service for entitlement to the Republic of Vietnam Campaign Medal with Device (1960).  Therefore, his DD Form 214 should be corrected to show this award.

6.  His units in Vietnam were cited for two awards of the Republic of Vietnam Gallantry Cross with Palm Unit Citation and one award of the Republic of Vietnam Gallantry Cross with Silver Star during his period of assignment.  Therefore, his DD Form 214 should be corrected to show these unit awards.

7.  Special orders also show he was awarded the Expert Marksmanship Qualification Badge with Machinegun Bar (M-60), Expert Marksmanship Qualification Badge with Grenade Bar, and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16).  Therefore, his DD Form 214 should be corrected to show these qualification badges.

8.  In view of the foregoing, his 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 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 from item 24 of his DD Form 214 the Vietnam Service Medal;

	b.  awarding him the Army Good Conduct Medal (1st Award) for the period
10 February 1970 through 13 October 1971;

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

* Bronze Star Medal
* Purple Heart
* Army Good Conduct Medal (1st Award)
* Vietnam Service Medal with two bronze service stars
* Republic of Vietnam Campaign Medal with Device (1960)
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
(2nd Award)
* Republic of Vietnam Gallantry Cross with Silver Star Unit Citation
* Expert Marksmanship Qualification Badge with Machinegun Bar (M-60)
* Expert Marksmanship Qualification Badge with Grenade Bar
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16)

	d.  amending General Orders Number 2068, dated 29 November 1970, to show the applicant's last name and middle initial as shown on his DA Form 20.



      __________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)                                         AR20110016416



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ABCMR Record of Proceedings (cont)                                         AR20110016416



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