BOARD DATE:	  22 March 2012

		DOCKET NUMBER:  AR20110019116 


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 that his awards of the Silver Star, Bronze Star Medal (BSM), and Army Commendation Medal (ARCOM) be added to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).

2.  The applicant states that the awards were omitted from his DD Form 214 at the time of his release from active duty (REFRAD).

3.  The applicant provides a copy of his DD Form 214, a copy of orders awarding him the Silver Star, copies of his Silver Star, BSM, ARCOM and Purple Heart Certificates, and a copy of a photograph. 

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 in Buffalo, New York on 31 October 1966.  He completed his basic and advanced individual training as a light vehicle driver at Fort Dix, New Jersey before being transferred to Vietnam on 22 August 1967.

3.  He was assigned to Headquarters and Headquarters Company, 1st Infantry Division for duty as a light vehicle driver.

4.  On 27 December 1967 he was advanced to the pay grade of E-4 and was awarded the primary military occupational specialty  (MOS) of 11F20 (Infantry Operations and Intelligence Specialist) and a secondary MOS of 63B20 (heavy vehicle driver).

5.  On 1 March 1968 nonjudicial punishment was imposed against him for sleeping on his guard post.

6.  On 19 May 1968, General Orders Number 4605 issued by Headquarters, 1st Infantry Division awarded the applicant the ARCOM.

7.  On 30 June 1968, General Orders Number 182 issued by Headquarters, 
93d Evacuation Hospital awarded the applicant the Purple Heart for wounds received on 29 June 1968.

8.  On 23 July 1968, General Orders Number 7250 issued by Headquarters, 1st Infantry Division awarded the applicant the BSM.

9.  On 9 October 1968, General Orders Number 10618 issued by Headquarters, 1st Infantry Division awarded the applicant the Silver Star for gallantry while serving as a perimeter guard on 29 June 1968.

10.  The applicant was evacuated to the 106th General Hospital in Japan on 3 July 1968 and on 26 July 1968 he was transferred to the United States Army Hospital at Fort Devens, Massachusetts, where he remained until he was honorably released from active duty on 17 September 1968.  He had served 1 year, 10 months and 16 days of active service and his DD Form 214 issued at the time of his REFRAD shows that he was awarded the National Defense Service Medal, the Vietnam Service Medal (VSM), the Vietnam Campaign Medal and the Purple Heart.

11.  A review of his official records shows that he served in four campaigns before being evacuated from Vietnam.  His records also show that he had excellent conduct and efficiency ratings throughout his service and his records do not contain sufficient evidence of a derogatory nature that would serve to disqualify him for award of the Army Good Conduct Medal (AGCM). 
12.  A search of the Awards and Decorations Computer-Assisted Retrieval System (ADCARS), an index of general orders issued during the Vietnam era between 1965 and 1973 maintained by the Military Awards Branch of the 
U.S. Army Human Resources Command, failed to reveal orders awarding the applicant any additional awards.

13.  Army Regulation 672-5-1 (Awards), in effect at the time, stated the AGCM 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.  There must have been no convictions by a court-martial.

14.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) was published to assist commanders and personnel officers in determining or establishing the eligibility of Soldiers for campaign participation credit, assault landing credit, and unit citation badges awarded during the Vietnam Conflict.  It shows that the applicant's unit was cited for awards of the Meritorious Unit Commendation (MUC), the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation during his period of assignment to the unit.

15.  Army Regulation 600-8-22 states a bronze service star based on qualifying service for each campaign listed in appendix B will be worn on the appropriate service medal.

DISCUSSION AND CONCLUSIONS:

1.  The applicant was awarded the Silver Star, BSM and the ARCOM and it was omitted from his DD Form 214 at the time of his REFRAD.  Accordingly, they should be added to his DD Form 214 at this time.

2.  The applicant served in four campaigns while in Vietnam and was awarded the VSM; however, he was not awarded the four bronze service stars he is authorized for wear on that award.  Accordingly, they should be added at this time.

3.  After carefully examining the applicant’s record of service, it appears that the applicant should have received the first award of the AGCM for his service from 31 October 1966 through 17 September 1968.  This conclusion is based on the fact that his record of NJP was for a minor offense and his record is void of sufficient  derogatory information which would preclude the applicant from being awarded the AGCM and the lack of any specific action by the applicant’s unit commander to disqualify him from receiving this award.  The evidence further suggests that the applicant not receiving the AGCM was likely the result of an administrative error as opposed to it being the result of a conscious disqualification by any of his unit commanders.  Therefore, in the interest of justice, this error should be corrected by awarding the applicant the AGCM (1st Award) and correcting his DD Form 214 to show this award.

4.  The applicant’s unit was awarded the (MUC), the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation during his period of assignment.  Therefore, his DD Form 214 should be corrected to show that unit award.

BOARD VOTE:

__X______  ___X_____  __X__  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  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 the applicant the AGCM (1st Award) for the period 31 October 1966 through 17 September 1968 while serving in the rank of SP4
* deleting the Vietnam Service Medal from block 24 of his DD Form 214
* adding the Silver Star, BSM, ARCOM, AGCM (1st Award), Vietnam Service Medal with four bronze service stars, MUC, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation to block 24 of his 
DD Form 214

2.  The Board wants the applicant and all others to know the sacrifices he made in service to the United States during the Vietnam War are deeply appreciated.  The applicant and all Americans should be justifiably proud of his service in arms.



      __________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)                                         AR20110019116





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ABCMR Record of Proceedings (cont)                                         AR20110019116



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