BOARD DATE:	 22 March 2012 

		DOCKET NUMBER:  AR20110019074 


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 he was awarded the Silver Star and the Army Commendation Medal.

2.  He states the awards were presented after he was discharged from the Army.

3.  He provides:

* DD Form 214 
* DA Form 20 (Enlisted Qualification Record)
* two certificates
* a citation

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’s record shows he was inducted into the Army of the United States on 18 October 1966.

3.  His DA Form 20 shows in:

	a.  item 31 (Foreign Service), he served in the Republic of Vietnam from
14 March to 1 September 1968;

	b.  Item 38 (Record of Assignments), he was assigned to Headquarters and Headquarters Company, 3d Battalion, 7th Infantry Regiment, 199th Infantry Brigade on 29 March 1968; 

	c.  Item 38 he had all "excellent” conduct and efficiency ratings; and 

   d.  Item 41 (Awards and Decorations), shows that:
   
   (1)  Special Orders Number 311, issued by Fort Polk, LA, dated
2 December 1966, awarded him the Marksman Marksmanship Qualification Badge (M-14); and

   (2)  Special Orders Number 22, issued by Headquarters, Fort Sill, OK,
dated 1968, issued him the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16).

4.  His DD Form 214 shows:

   a.  he was honorably released from active duty on 30 August 1968 and
transferred to the U.S. Army Reserve Control Group (Annual Training); and   

   b.  item 24 (Decorations, Medals, Badges, Commendations, Citations, and
Campaign Ribbons Awarded or Authorized) shows he was awarded the National Defense Service Medal, Vietnam Service Medal, Republic of Vietnam Campaign Medal with "1960" Device, and Combat Medal Badge.

5.  His official military record contains General Orders Number 1711, issued by Headquarters, II Field Force Vietnam, dated 20 November 1968, which show he was awarded the Silver Star for distinguishing himself by gallantry in action.

6.  His official military record contains and he submitted a certificate, issued by Headquarters, II Field Force Vietnam, dated 1 October 1968, which shows he was awarded the Army Commendation Medal for exceptionally meritorious achievement from 1 April 1968 to 25 July 1968.

7.  His official military record contains a citation issued by direction of the Secretary of the Army, which shows he was awarded the Army Commendation Medal for exceptionally meritorious achievement from 1 April 1967 to 25 July 1968.

8.  A review of his record indicates he is entitled to additional awards and decorations that are not shown on his DD Form 214.

9.  Army Regulation 672-5-1 (Awards), in effect at the time, provided that the Army Good Conduct Medal was awarded to individuals who completed a qualifying period of active duty enlisted service.  This period was 3 years except in those cases when the period for the first award ended with the termination of a period of Federal military service.  The enlisted person must have had all "excellent" conduct and efficiency ratings and no convictions by a court-martial.  

10.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows the unit to which the applicant was assigned was cited for award of the:

   a.  Meritorious Unit Commendation for action during the period 31 January 1968 to 15 June 1969, by Department of the Army General Orders (DAGO) Number 39, dated 1970; 

   b.  Republic of Vietnam Gallantry Cross with Palm Unit Citation for action during the period 20 July 1965 to 28 March 1973, by DAGO Number 8, dated 1974; and 

   c.  Republic of Vietnam Civil Actions Honor Medal, First Class Unit Citation for action during the period 12 December 1966 to 31 August 1970, by DAGO Number 51, dated 1971. 

11.  Army Regulation 600-8-22 (Military Awards), paragraph 2-13, contains the regulatory guidance on the Vietnam Service Medal.  It states, in pertinent part, 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 the Republic of Vietnam, the applicant participated in the following three campaigns:

* Tet Counteroffensive (30 January to 1 April 1968)
* Vietnam Counteroffensive Phase IV (2 April to 30 June 1968)
* Vietnam Counteroffensive Phase V (1 July to 1 November 1968)

DISCUSSION AND CONCLUSIONS:

1.  General orders show he was awarded the Silver Star.  Therefore, he is entitled to have his DD Form 214 corrected to show this award.

2.  Evidence of record shows he was awarded the Army Commendation Medal.  Therefore, he is entitled to have his DD Form 214 corrected to show this award.

3.  The available evidence confirms the applicant served in the Army from 
18 October 1966 to 30 August 1968.  His records show he received "excellent" conduct and efficiency ratings throughout his tenure of service.  There is no evidence of any derogatory information that would have disqualified the applicant from award of the Army Good Conduct Medal.  Therefore, it would be appropriate to award the applicant the Army Good Conduct Medal (1st Award) and correct his DD Form 214 to show this award.

4.  DAGO awarded his unit the Meritorious Unit Commendation, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and Civil Actions Honor Medal, First Class Unit Citation for actions during his period of assignment.  Therefore, he is entitled to have his DD Form 214 corrected to show the commendation and citations.

5.  Records show the applicant participated in three campaigns while serving in the Republic of Vietnam.  Therefore, he is entitled to three bronze service stars for wear on his already-awarded VSM and correction of his DD Form 214 to show these service stars.

6.  Special orders show he was awarded the Marksman Marksmanship Qualification Badge (M-14) and Sharpshooter Marksmanship Qualification Badge (M-16).



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.  awarding him the Army Good Conduct Medal (1st Award) for the period 
18 October 1966 to 30 August 1968;

b.  deleting the Vietnam Service Medal from item 24 of his DD Form 214,
dated 13 January 1972; and
		
   c.  adding the Silver Star, Army Commendation Medal, Army Good Conduct Medal (1st Award), Vietnam Service Medal with three bronze service stars, Meritorious Unit Commendation, Republic of Vietnam Gallantry Cross with Palm Unit Citation, Civil Actions Honor Medal, First Class Unit Citation, Marksman Marksmanship Qualification Badge (M-14), and Sharpshooter Marksmanship Qualification Badge (M-16) 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)                                         AR20110019074





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ABCMR Record of Proceedings (cont)                                         AR20110019074



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