IN THE CASE OF:	   

		BOARD DATE:	  20 Mar 2012

		DOCKET NUMBER:  AR20110018288 


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 the:

* Purple Heart
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* any other awards authorized or earned

2.  The applicant states the awards are not listed on his original DD Form 214.

3.  The applicant provides his DD Form 214 and Headquarters, 12th Aviation Group (Combat), General Orders (GO) Number 30 awarding him the Purple Heart.

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 27 February 1968 and he held military occupational specialty 11B (Light Weapons Infantryman).  He served in Vietnam from 28 August 1968 to 29 September 1969.  He was assigned to Troop A, 3rd Squadron, 17th Cavalry.

3.  Headquarters, 12th Aviation Group (Combat), GO Number 30 awarded him the Purple Heart for wounds received in action on 29 September 1968.

4.  Item 41 (Awards and Decorations) of his DA Form 20 (Enlisted Qualification Record) shows he was awarded the:

* National Defense Service Medal
* Vietnam Service Medal
* Expert Marksmanship Qualification Badge with Rifle Bar (M-14)
* Combat Infantryman Badge
* Army Commendation Medal
* Air Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* 2nd Class (Marksman) Marksmanship Qualification Badge with Machine Gun Bar (M-60)
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-16)

5.  He was honorably released from active duty in the rank/grade of sergeant (SGT)/E-5 on 1 October 1969.  He completed 1 year, 7 months, and 5 days of creditable active service.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows he was awarded the:

* National Defense Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* Army Commendation Medal
* Vietnam Service Medal
* Combat Infantryman Badge
* Air Medal

6.  A review of the applicant's record shows entitlement to additional awards and decorations that are not shown on his DD Form 214.


7.  Army Regulation 600-8-22 (Military Awards) states a bronze service star is authorized with the Vietnam Service Medal for each Vietnam campaign a member is credited with participating in.  Appendix B shows that during his service in Vietnam, campaign participation credit was awarded for the:

* Vietnam Counteroffensive Phase V – 1 July-1 November 1968
* Vietnam Counteroffensive Phase VI – 2 November 1968-22 February 1969
* Tet 69 Counteroffensive 1969 – 23 February-8 June 1969
* Vietnam Summer-Fall 1969 – 9 June-31 October 1969

8.  There is no derogatory information in his file that would have disqualified him from receiving his first award of the Army Good Conduct Medal.  Additionally, item 38 (Record of Assignments) of his DA Form 20 shows he received "excellent" conduct and efficiency rating throughout his service.

9.  Army Regulation 672-5-1 (Decorations and 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.  There must have been no convictions by a court-martial.

10.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows during his service with Troop A, 3rd Squadron, 17th Cavalry, this unit was cited for awards of the:

* Republic of Vietnam Gallantry Cross with Palm Unit Citation for service from 1 August to 31 October 1968 based on Department of the Army (DA) GO Number 48, dated 1968
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for service from 1 August to 31 October 1968 based on DAGO Number 43, dated 1970

DISCUSSION AND CONCLUSIONS:

1.  GO awarded the applicant the Purple Heart for wounds received in action on 29 September 1968; therefore, he is entitled to correction of his DD Form 214 to show this award.

2.  GO awarded his units in Vietnam the Republic of Vietnam Gallantry Cross with Palm Unit Citation and Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation; therefore, he is entitled to correction of his records to show these unit awards.

3.  He was awarded the Vietnam Service Medal and he participated in four campaigns while serving in the Republic of Vietnam; therefore, he is entitled to four bronze service stars to be affixed to his already-awarded Vietnam Service Medal.

4.  He served honorably from 27 February 1968 through 1 October 1969.  He attained the rank/grade of SGT/E-5, received multiple awards, including the Purple Heart.  He received "excellent" conduct and efficiency ratings throughout his service with no disciplinary actions or a commander's disqualification.  Therefore, it would be appropriate to award him the Army Good Conduct Medal (1st Award) and to correct his DD Form 214 to show this award.

5.  His DA Form 20 shows he was awarded the Expert Marksmanship Qualification Badge with Rifle Bar (M-14), Marksman Marksmanship Qualification Badge with Machine Gun Bar (M-60), and Marksman Marksmanship Qualification Badge with Rifle Bar (M-16), none of which are shown on his DD Form 214.  Therefore, he is entitled to correction of his DD Form 214 to show these badges.

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:

* awarding him the Army Good Conduct Medal (1st Award) for the period 27 February 1968 through 1 October 1969
* deleting the Vietnam Service Medal from item 24 of his DD Form 214
* 
adding the following awards to item 24 of his DD Form 214:

* Purple Heart
* Army Good Conduct Medal (1st Award)
* Vietnam Service Medal with four bronze service stars
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation
* Expert Marksmanship Qualification Badge with Rifle Bar (M-14)
* Marksman Marksmanship Qualification Badge with Machine Gun Bar (M-60)
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-16)



      _____________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)                                         AR20110018288



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ABCMR Record of Proceedings (cont)                                         AR20110018288



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