IN THE CASE OF:	  

		BOARD DATE:	  20 March 2012

		DOCKET NUMBER:  AR20110018917 


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 Silver Star and any other post-service awards to which he is entitled. 

2.  He states he received the award after he was discharged.  

3.  He provides an award certificate and general orders for award of the Silver Star.  

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 20 September 1967.  He completed basic and advanced individual training and was awarded military occupational specialty (MOS) 67A (Aircraft Maintenance Crewman).  He was subsequently awarded MOS 67N (Single Rotor Turbine Helicopter Mechanic).  He served in Vietnam from 26 November 1968 to 12 September 1969.  His highest grade held was specialist five (SP5)/E-5.

3.  His DA Form 20 (Enlisted Qualification Record) shows in:

   a.  item 38 (Record of Assignments), he was assigned to the 68th Medical Detachment in Vietnam from 30 November 1968 through 31 August 1969.
   
   b.  item 38, he received all "excellent" conduct and efficiency ratings during his tenure on active duty.  
   
   c.  item 41 (Awards and Decorations), he was awarded or authorized the National Defense Service Medal, Vietnam Service Medal, Republic of Vietnam Campaign Medal with Device (1960), two overseas service bars, Expert Marksmanship Qualification Badge with Pistol and Rifle Bars, and Sharpshooter Marksmanship Qualification Badge with Rifle Bar.

4.  On 3 September 1969, he was honorably released from active duty as an overseas returnee.  He completed 1 year, 11 months, and 14 days of total active service with no time lost.  His service record has no disciplinary actions or evidence disqualifying him by his chain of command for award of the Army Good Conduct Medal.  

5.  General orders number 268 dated 31 January 1970 awarded the applicant the Silver Star for action on 23 May 1969.

6.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows he was awarded or authorized the National Defense Service Medal, Vietnam Service Medal, Republic of Vietnam Campaign Medal with Device (1960), and one overseas service bar.  

7.  Headquarters, U.S. Army Vietnam General Orders Number 268, dated 31 January 1970, awarded him the Silver Star for gallantry in action on 23 May 1969 in the Republic of Vietnam.  

8.  Department of the Army General Orders Number 8, dated 1974, announced   award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to Headquarters, U.S. Military Assistance Command and its subordinate units during the period 8 February 1962 to 28 March 1973 and to Headquarters, U.S. Army Vietnam and its subordinate units during the period 20 July 1965 to 28 March 1973.

9.  Army Regulation 600-8-22 (Military Awards), paragraph 2-13, contains the regulatory guidance for the Vietnam Service Medal.  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, campaign participation was awarded for the Vietnam Counteroffensive Phase VI Campaign,  Tet69/Counteroffensive Campaign, and Vietnam Summer - Fall 1969 Campaign.

10.  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.  There must have been no convictions by a court-martial.

DISCUSSION AND CONCLUSIONS:

1.  General orders published after the applicant was released from active duty show he was awarded the Silver Star for action on 23 May 1969.  Therefore, this decoration should be added to his DD Form 214.

2.  The applicant’s DA Form 20 shows he was awarded the Expert Marksmanship Qualification Badge with Pistol and Rifle Bars and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar.  However, these marksmanship badges were not recorded on his DD Form 214.  Therefore, his DD Form 214 should be corrected to show this qualification badge.  

3.  The evidence of record does not show the applicant was disqualified from receiving the first award of the Army Good Conduct Medal for the period 20 September 1967 through 3 September 1969.  He received all "excellent" conduct and efficiency ratings, was promoted to SP5, and had no court-martial convictions during his tenure on active duty.  Therefore, he should be awarded the Army Good Conduct Medal (1st Award) for the period 20 September 1967 through 3 September 1969 and his DD Form 214 should be corrected to show this award.

4.  The Republic of Vietnam Gallantry Cross with Palm Unit Citation was awarded to all units which served in Vietnam.  He served in Vietnam during a qualifying period and is eligible for this award.  Therefore, his DD Form 214 should be corrected to show this unit award.

5.  His DD Form 214 currently reflects the Vietnam Service Medal.  However, he participated in three campaigns during the Vietnam War.  Therefore, he is entitled to three 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.  

BOARD VOTE:

__X____  ___X____  ___X____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that 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 September 1967 through 3 September 1969;

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

	c.  adding award of the Silver Star, Expert Marksmanship Qualification Badge with Pistol and Rifle Bars, Sharpshooter Marksmanship Qualification Badge with Rifle Bar, Army Good Conduct Medal (1st Award), Republic of Vietnam Gallantry Cross with Palm Unit Citation, and Vietnam Service Medal with three bronze service stars to item 24 of his DD Form 214.




      _______ _   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)                                         AR20110018917





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ABCMR Record of Proceedings (cont)                                         AR20110018917



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