BOARD DATE:	  12 April 2012

		DOCKET NUMBER:  AR20110020328 


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 add all awards and honors to which he is entitled.

2.  The applicant states his DD Form 214 doesn't reflect his valor awards or unit awards for service in Vietnam with the 1st Cavalry Division in 1968-1969.

3.  The applicant provides a copy of his DD Form 214.

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 for 2 years on 9 August 1967.  He was honorably released from active duty on 13 March 1969.  His DD Form 214 shows he was awarded:

* National Defense Service Medal
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* Combat Medical Badge
* Bronze Star Medal
* Purple Heart
* Air Medal
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-14)
* two overseas service bars

3.  The applicant's records contain Special Orders Number 19, Headquarters, U.S. Army Medical Training Center, Fort Sam Houston, TX, dated 23 January 1968, awarding him the Expert Marksmanship Qualification Badge with Rifle Bar (M-16).

4.  The applicant's records contain two orders for the Bronze Star Medal with "V" Device for valor and one notation on his DA Form 20 (Enlisted Qualification Record) for a Bronze Star Medal for meritorious service as follows:

* General Orders Number 4008, Headquarters, 1st Cavalry Division, Republic of Vietnam, dated 1 June 1968, awarding the Bronze Star Medal with "V" Device for valorous action as a combat medic with Company B, 2nd Battalion, 7th Cavalry, on 22 March 1968
* General Orders Number 13569, Headquarters, 1st Cavalry Division, Republic of Vietnam, dated 23 October 1968, awarding the Bronze Star Medal with 1st Oak Leaf Cluster with "V" Device for valorous action as a combat medic with Company B, 2nd Battalion, 7th Cavalry, on 5 April 1968
* General Orders Number 619, Headquarters, 1st Cavalry Division, Republic of Vietnam, awarding the Bronze Star Medal for meritorious service (this is a notation in item 41 (Awards and Decorations) of the applicant's DA Form 20)

5.  The applicant's DA Form 20 shows he was a combat medic assigned to Headquarters and Headquarters Company, 2nd Battalion, 7th Cavalry, 1st Cavalry Division, and attached to Company B, 2nd Battalion, 7th Cavalry, as a platoon medic.  This form also shows he received "excellent" conduct and efficiency ratings throughout his service and had no lost time.  His records contain no evidence of court-martial convictions.

6.  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 and attached were cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 17 November 1965 to 19 May 1969 by Department of the Army General Orders (DAGO) Number 59, dated 1969, and Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 1 January 1969 to 1 February 1970 by DAGO Number 42, dated 1972.

7.  Army Regulation 600-8-22 (Military Awards) states a bronze service star is worn on the appropriate service ribbon for each credited campaign, to include the Vietnam Service Medal.  A silver service star is authorized in lieu of five bronze service stars.  The applicant served in Vietnam during six campaigns – Vietnam Counteroffensive Phase III, 1 June 1967 to 29 January 1968; Tet Counteroffensive, 30 January 1968 to 1 April 1968; Vietnam Counteroffensive Phase IV, 2 April 1968 to 30 June 1968; Vietnam Counteroffensive Phase V, 1 July 1968 to 1 November 1968; Vietnam Counteroffensive Phase VI, 2 November 1968 to 22 February 1969; and Tet 69 Counteroffensive 1969, 23 February 1969 to 8 June 1969.

8.  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.  The applicant's DD Form 214 shows award of the Bronze Star Medal; however, the applicant has orders awarding three Bronze Star Medals, two of which are for valor.  His DD Form 214 should be corrected to show this.

2.  The applicant distinguished himself by his conduct, efficiency, and fidelity during a qualifying period of active duty enlisted service.  He should be awarded the Army Good Conduct Medal (1st Award) for the period 9 August 1967 to 13 March 1969, and it should be reflected on his DD Form 214.

3.  The applicant's units were awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation and Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation during his tenure.  These foreign unit awards should be added to his DD Form 214.

4.  The applicant's DD Form 214 lists the Vietnam Service Medal, but does not reflect the six campaigns in which he participated.  One silver service star and one bronze service star should be added to his already-awarded Vietnam Service Medal.

5.  Orders show the applicant was awarded the Expert Marksmanship Qualification Badge with Rifle Bar (M-16).  This badge should be added to his DD Form 214.

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 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:

* awarding him the Army Good Conduct Medal (1st Award) for the period 9 August 1967 to 13 March 1969
* deleting the Bronze Star Medal and Vietnam Service Medal from his DD Form 214
* adding the following awards to his DD Form 214:

* Bronze Star Medal (3rd Award) with "V" Device
* Army Good Conduct Medal (1st Award)
* Vietnam Service Medal with one silver service star and one bronze service star
* 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-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)                                         AR20110020328



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20110020328



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1