IN THE CASE OF:	  

		BOARD DATE:	    19 April 2012

		DOCKET NUMBER:  AR20110020933 


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 all of the awards he was awarded.  

2.  The applicant states that he was awarded several awards that are not reflected on his DD Form 214.

3.  The applicant provides:

* Army Commendation Medal with "V" Device orders
* Air Medal and Bronze Star Medal orders and citations
* Bronze Star Medal orders
* 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.  His records show he was inducted into the Army of the United States on 11 July 1968.  He completed training and he was awarded military occupational specialty 11B (Infantry Indirect Fire Crewman).  

3.  He served in Vietnam from 14 December 1968 through 13 October 1969 during three campaigns.  He was assigned to:

* Company B, 2nd Battalion, 8th Cavalry, 1st Cavalry Division - 30 December 1968 to 6 May 1969
* Company E, 2nd Battalion, 8th Cavalry, 1st Cavalry Division - 7 May 1969 to 6 July 1969
* Company B, 2nd Battalion, 8th Cavalry, 1st Cavalry Division - 7 to 21 July 1969
* Company E, 2nd Battalion, 8th Cavalry, 1st Cavalry Division - 22 July 1969 to 13 August 1969

4.  His record contains and he provided a copy of General Orders Number 12680, issued by Headquarters, 1st Cavalry Division (Airmobile), on 18 October 1969, awarding him the Army Commendation Medal with "V" Device for heroism in Vietnam on 12 August 1969.

5.  His record also contains and he provided a copy of General Orders Number 13524, issued by Headquarters, 1st Cavalry Division (Airmobile), on 30 October 1969, awarding him the Air Medal for meritorious achievement in Vietnam from December 1968 to October 1969.  He also provided a copy of the resulting citation.

6.  His record further contains and he provided a copy of General Orders Number 13640, issued by Headquarters, 1st Cavalry Division (Airmobile), on 1 November 1969, awarding him the Bronze Star Medal for meritorious service in Vietnam from December 1968 to September 1969.  He also provided a copy of the resulting citation.

7.  He was honorably released from active duty in pay grade E-5 on 4 March 1970 and he was transferred to the U.S. Army Reserve Control Group (Annual Training).  He was credited with completion of 1 year, 7 months, and 24 days of net active service with no time lost.  


8.  His DD Form 214 lists the following awards: 

* National Defense Service Medal
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* Combat Infantryman Badge
* overseas service bars
* Vietnam Unit Citation
* Expert Marksmanship Qualification Badges with Rifle Bar (M-16) and Mortar Bars
* Marksman Marksmanship Qualification Badge with Pistol Bar
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)

9.  Item 38 (Record of Assignments) of his DA Form 20 (Enlisted Qualification Record) shows he received "excellent" conduct and efficiency ratings throughout his service.  There is no evidence of any disciplinary action during his period of active service.  There also is no evidence of a commander's disqualification for the first award of the Army Good Conduct Medal.

10.  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 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.

11.  Army Regulation 600-8-22 (Military Awards) authorizes a bronze service star based on qualifying service for each campaign listed in appendix B and states that authorized bronze service stars will be worn on the appropriate campaign or service medal, including the Vietnam Service Medal.

12.  Department of the Army General Order Number 8, dated in 1974, authorized the award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation, to all personnel assigned to the United States Army Vietnam.

DISCUSSION AND CONCLUSIONS:

1.  Orders confirm the applicant was awarded the Army Commendation Medal with "V" Device, Air Medal, and Bronze Star Medal during his period of service in Vietnam.  Therefore, he is entitled to correction to his DD Form 214 to show these awards.

2.  The evidence of record appears to show he met the criteria for the first award of the Army Good Conduct Medal and there is no evidence of record which shows he was disqualified by his commander for this award.  Therefore, he is entitled to the Army Good Conduct Medal (1st Award) for the period 11 July 1968 through 4 March 1970 and correction of his DD Form 214 to show this award.

3.  The evidence of record further shows he participated in three campaigns during his service in Vietnam.  Therefore, he is entitled to award of three bronze service stars to be affixed on his Vietnam Service Medal and correction to his DD Form 214 to show these service stars.

4.  General orders also entitled him to award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation; therefore, it would be appropriate to correct his records to show this unit award on 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 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 the applicant the Army Good Conduct Medal (1st Award) for the period 11 July 1968 through 4 March 1970; 

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

	c.  adding the following awards to Item 24 of his DD Form 214:

* Army Good Conduct Medal (1st Award)
* Army Commendation Medal with "V" Device
* Air Medal
* Bronze Star Medal

* Vietnam Service Medal with three bronze service stars
* Republic of Vietnam Gallantry Cross with Palm Unit Citation 



      _______ _  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)                                         AR20110020933





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ABCMR Record of Proceedings (cont)                                         AR20110020933



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