BOARD DATE:	  18 April 2012

		DOCKET NUMBER:  AR20110021498 


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 DD Form 214 (Report of Transfer or Discharge) be corrected to show his correct date of birth and to include his award of the Bronze Star Medal and Army Commendation Medal with "V" Device.

2.  The applicant states his date of birth shown on his DD Form 214 is incorrect and all of his awards were not included on the form.

3.  The applicant provides copies of his DD Form 214; birth certificate; and award certificates, citations and/or orders for the Bronze Star Medal, Army Commendation Medal with "V" Device, and the Air Medal.

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 served on active duty from 18 March 1968 through 19 October 1969.

3.  Army Training Center - Infantry, Fort Jackson, NC, Special Orders Number 90, dated 8 May 1968, awarded the applicant the Sharpshooter Marksmanship Qualification Medal with Rifle Bar (M-14).

4.  Army Medical Training Center, Fort Sam Houston, TX, Special Orders Number 159, date 29 July 1968, awarded the applicant the Marksman Marksmanship Qualification Medal with Rifle Bar (M-16).

5.  The applicant's DA Form 20 (Enlisted Qualification Record) shows:

	a.  a date of birth of 4 May 1948;

	b.  service in Vietnam with Headquarters and Headquarters Company, 1st Battalion, 2nd Infantry Regiment, 1st Infantry Division from 2 September 1968 through 15 October 1969;

	c.  conduct and efficiency rating of exclusively excellent;

	d.  promotion to specialist five (E-5);

	e.  service during one campaign period; and

	f.  award of the National Defense Service Medal, Vietnam Service Medal, Combat Medical Badge, Republic of Vietnam Campaign Medal (with Device), Republic of Vietnam Gallantry Cross with Palm (Unit Citation), Army Commendation Medal, Air Medal, and Marksman Marksmanship Qualification Badge with Rifle Bar (M-16).

6.  His DD Form 214 shows a date of birth of 4 May 1968, and his awards are the National Defense Service Medal, Vietnam Service Medal, (Republic of) Vietnam Campaign Medal (with Device (1960)), Army Commendation Medal, and the Air Medal.

7.  1st Infantry Division General Orders Number 1180, dated 12 February 1969, awarded the applicant the Army Commendation Medal with "V" Device.

8.  1st Infantry Division General Orders Number 7303, dated 21 July 1969, awarded the applicant the Bronze Star Medal.

9.  The birth certificate provided shows a date of birth of 4 May 1948.
10.  The applicant's record contains no derogatory entries, disciplinary actions, nonjudicial punishment, or court-martials. 

11.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in Vietnam.  This document shows that while the applicant was assigned to Headquarters and Headquarters Company, 1st Battalion, 2nd Infantry Regiment, 1st Infantry Division, it was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.  

12.  Army Regulation 600-8-22 (Military Awards) states that a bronze service star is authorized, based on qualifying service, for each designated campaign listed in Appendix B of the regulation and states that authorized service stars will be worn on the appropriate campaign or service medal.  The regulation also lists the designated campaign periods for which a bronze service star is authorized for wear on the Vietnam Service Medal.  Based on the applicant's dates of service in Vietnam, Appendix B indicates he participated during the following four campaign periods:  the Counteroffensive Phase V, 1 July 1968 - 1 November 1968; Counteroffensive Phase VI, 2 November 1968 - 22 February 1969; Tet 69 Counteroffensive, 23 February 1969 - 8 June 1969; and the Vietnam Summer - Fall 1969, 9 June 1969 - 31 October 1969.

13.  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, and for the first award only, upon termination of Federal 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.  At that time, a disqualification was normally noted on the DA Form 20.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's DD Form 214 shows his date of birth as the same year as his entry onto active duty (1968).  This clearly is a typographical error that should be corrected.

2.  The applicant was awarded the Army Commendation Medal with "V" Device; however, his DD Form 214 does not reflect the significant accouterment of the "V" Device.  It is appropriate to correct the record to reflect his heroic efforts and add the "V" Device to his award of the Army Commendation Medal.

3.  The applicant was awarded the Bronze Star Medal, Combat Medical Badge, Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-4), and the Marksman Marksmanship Qualification Badge with Rifle Bar (M-16).  These awards and badges were omitted from the DD Form 214.  It is appropriate to correct this omission.

4.  The applicant served in Vietnam during four campaign periods and is authorized to wear four bronze service stars on his Vietnam Service Medal.  It is appropriate to correct the record to properly reflect this award with the accouterments.

5.   The applicant distinguished himself by his conduct, efficiency and fidelity as evidenced by his combat service, his conduct and efficiency ratings, his personal decorations, and his promotion to E-5.  The record contains no indication of any disqualifying incidents or recommendations.  It is appropriate to award the applicant the Good Conduct Medal for his period of service from 8 March 1968 through 19 October 1969.

6.  Additionally the applicant is authorized award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.

7.  Three of the five awards listed on the applicant's DD Form 214 are incomplete entries warranting correction.  With the number of corrections and additions to the item 24 entry, as noted below, it is appropriate delete the entire entry and replace it with the proper and complete entries.

8.  Based on the above facts and findings the applicant's records should be corrected by:

	a.  awarding him the Good Conduct Medal; and

	b.  correcting his DD Form 214 by:

		(1) showing at item 9 (Date of Birth), 4 May 1948;

		(2) deleting all entries at item 24 (awards); and 

		(3) showing his authorized awards as the Bronze Star Medal, Air Medal, Army Commendation Medal with "V" Device, Good Conduct Medal, National Defense Service Medal, Vietnam Service Medal with four bronze service stars, Republic of Vietnam Campaign Medal with Device (1960), Republic of Vietnam Gallantry Cross with Palm Unit Citation, Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, Combat Medical Badge, Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-4), and the Marksman Marksmanship Qualification Badge with Rifle Bar (M-16).

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 Good Conduct Medal; and

	b.  correcting his DD Form 214 by:

		(1) showing at item 9 (Date of Birth), 4 May 1948;

		(2) deleting all entries at item 24 (Awards); and 

		(3) showing his authorized awards as: the Bronze Star Medal, Air Medal, Army Commendation Medal with "V" Device, Good Conduct Medal, National Defense Service Medal, Vietnam Service Medal with four bronze service stars, Republic of Vietnam Campaign Medal with Device (1960), Republic of Vietnam Gallantry Cross with Palm Unit Citation, Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, Combat Medical Badge, Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-4), and the Marksman 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)                                         AR20110021498



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ABCMR Record of Proceedings (cont)                                         AR20110021498



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