IN THE CASE OF:	  

		BOARD DATE:	  29 May 2012

		DOCKET NUMBER:  AR20110021667


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, in effect, correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for the period ending 12 December 1969 to show all awards he is authorized, to include the Purple Heart, Bronze Star Medal (BSM), Air Medal, and three Army Commendation Medals (ARCOM).

2.  The applicant states his DD Form 214 does not show all of his awards.

3.  The applicant provides copies of:

* DD Form 214 for the period ending 12 December 1969
* General Orders Number 6686, issued by Headquarters, 9th Infantry Division, dated 12 June 1969
* General Orders Number 7423, issued by the same headquarters, dated 25 June 1969
* General Orders Number 8188, issued by the same headquarters, dated
2 July 1969
* General Orders Number 2779, issued by Headquarters, II Field Force Vietnam, dated 16 October 1969, with citation
* General Orders Number 4385, issued by the same headquarters, dated 26 November 1969, with citation
* BSM Certificate, dated 5 December 1969


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.  On 26 March 1964, the applicant was ordered to active duty training as a member of the U.S. Army Reserve (USAR).  He completed his initial training and he was honorably released from active duty.

3.  On 22 June 1968, the applicant was involuntarily ordered to active duty.

	a.  On 23 July 1968, he was assigned for duty as an infantryman with the 100th Battalion, 442nd Infantry Regiment, located in Hawaii.

	b.  Special Orders Number 58, issued by Headquarters, 29th Infantry Brigade, dated 5 August 1968, awarded him the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14).

	c.  On 13 December 1968, he departed Hawaii for duty in the Republic of Vietnam (RVN) where he was assigned to:

* the 19th Supply and Service Company from 2 February through
7 May 1969
* Company A, 3rd Battalion, 47th Infantry Regiment from 8 May through 8 July 1969
* Company A, 5th Battalion, 60th Infantry Regiment from 9 July to
24 November 1969

4.  A review of the applicant's military records revealed the following general orders (GO):

* GO Number 6686, dated 12 June 1969, awarding him the ARCOM with "V" Device for heroism in the RVN on 31 May 1969
* GO Number 7423, dated 25 June 1969, awarding him the Purple Heart for wounds received in action in the RVN on 18 June 1969
* GO Number 8188, dated 2 July 1969, awarding him the ARCOM for meritorious service in the RVN from December 1968 to July 1969
* GO Number 2779, dated 16 October 1969, awarding him the ARCOM (2nd Oak Leaf Cluster) for meritorious achievement in the RVN from
29 July to 27 August 1969

5.  On 24 November 1969, the applicant departed the RVN en route to the United States for separation processing.

6.  On 12 December 1969, the applicant was released from active duty.  He attained the rank/grade of sergeant (SGT)/E-5.  He completed 1 year, 5 months, and 21 days of net service this period.

7.  The applicant's DD Form 214 for the period ending 12 December 1969 shows the:

* National Defense Service Medal
* Vietnam Service Medal
* RVN Campaign Medal with Device (1960)
* Combat Infantryman Badge
* ARCOM

8.  The applicant's DA Form 20 (Enlisted Qualification Record) shows in Item 38 (Record of Assignments) he received all "excellent" conduct and efficiency ratings during his period of active service.  There is no evidence of any disciplinary actions or a commander's disqualification that would have precluded him from being awarded the first award of the Army Good Conduct Medal.

9.  Review 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 United States Army Human Resources Command, failed to reveal any orders for the BSM pertaining to the applicant.

10.  Army Regulation 600-8-22 (Military Awards) provides Department of the Army policy, criteria, and administrative instructions concerning individual military decorations, Army Good Conduct Medal, service medals and ribbons, combat 


and special skill badges and tabs, unit decorations, and trophies, and similar devices awarded in recognition of accomplishments.  It states:

	a.  The BSM is awarded in time of war for heroism and for meritorious achievement or service.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

	b.  Paragraph 2-13 contains the regulatory guidance on the Vietnam Service Medal.  It states 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 Vietnam, the applicant participated in the following four campaigns:

* Vietnam Counteroffensive Phase VI (2 November 1968 - 22 February 1969)
* Tet 69 Counteroffensive, 1969 (23 February - 8 June 1969)
* Vietnam Summer - Fall 1969 (9 June - 31 October 1969)
* Vietnam Winter - Spring 1970 (1 November 1969 - 30 April 1970)

11.  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 was cited for award of the:

	a.  RVN Gallantry Cross with Palm Unit Citation for the period January through June 1969 by Department of the Army General Order (DAGO) Number 31, dated 1969;

	b.  RVN Civil Actions Honor Medal First Class Unit Citation for the period
19 December 1966 through 28 June 1969 by DAGO Number 59, dated 1969;

	c.  RVN Gallantry Cross with Palm Unit Citation for the period 29 July 1969 through 20 July 1970 by DAGO Number 55, dated 1971; and

	d.  RVN Civil Actions Honor Medal First Class Unit Citation for the period
26 July 1969 through 20 July 1970 by DAGO Number 55, dated 1971.

12.  Department of the Army Pamphlet 672-3, paragraph 6 (Miscellaneous Information) states that not more than one award of the Republic of Vietnam Gallantry Cross Unit Citation may be worn by any individual.  Although wear of 


multiple awards of this unit citation badge is not authorized, official military personnel and historical records will indicate all awards received.

DISCUSSION AND CONCLUSIONS:

1.  There are no available general orders showing the applicant was awarded the BSM.  The BSM certificate in itself is insufficient for correcting the applicant's
DD Form 214 to show this award.  Therefore, there is an insufficient evidentiary basis for granting this portion of his request.

2.  General orders awarded him the Purple Heart for being wounded in action in the RVN on 21 February 1969.  Therefore, his DD Form 214 should be corrected to show this award.

3.  General orders awarded him the Air Medal for meritorious achievement in the RVN during the period 28 July 1969 to 15 September 1969.  Therefore, his
DD Form 214 should be corrected to show this award.

4.  General orders awarded him three awards of the ARCOM, one with "V" Device for valor.  Therefore, his DD Form 214 should be corrected to show the ARCOM (3rd Award) and with "V" Device.

5.  The evidence shows the applicant should have received the first award of the Army Good Conduct Medal.  He received all "excellent" conduct and efficiency rating during his active duty service; there is no evidence of any disciplinary actions or a commander's disqualification for the Army Good Conduct Medal; he attained the rank of sergeant (SGT); and he received multiple awards for meritorious service and achievement, and one for valor.  It appears he did not receive the first award of the Army Good Conduct Medal as a result of an administrative error.  Therefore, it would be appropriate at this time to award him the Army Good Conduct Medal (1st Award) for the period 22 June 1968 through 12 December 1969 and to correct his DD Form 214 to show this award.

6.  Records show the applicant participated in four campaign periods during his service in the Republic of Vietnam.  Therefore, he is entitled to four bronze service stars for wear on his already-awarded Vietnam Service Medal and correction of his DD Form 214 to show these bronze service stars.

7.  Records show the applicant's units in the RVN was cited for two awards of the RVN Gallantry Cross with Palm Unit Citation and two awards of the RVN Civil Actions Honor Medal First Class Unit Citation during his period of assignment.  Therefore, his DD Form 214 should be corrected to show these unit awards.


8.  Special orders awarded him the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14).  Therefore, his DD Form 214 should be corrected to show this marksmanship badge.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____x___  ____x___  ____x___  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

	a.  deleting from his DD Form 214 for the period ending 12 December 1969 the Army Commendation Medal and the Vietnam Service Medal;

	b.  awarding him the Army Good Conduct Medal (1st Award) for the period
22 June 1968 through 12 December 1969; and

	c.  adding to his DD Form 214 for the period ending 12 December 1969 the:

* Purple Heart
* Air Medal
* Army Commendation Medal (3rd Award) and with "V" Device
* Army Good Conduct Medal
* Vietnam Service Medal with four bronze service stars
* Republic of Vietnam Gallantry Cross with Palm Unit Citation (2nd Award)
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation (2nd Award)
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)


2.  The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains adding the Bronze Star Medal to his DD Form 214 for the period ending 12 December 1969.



      ___________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)                                         AR20110021667



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ABCMR Record of Proceedings (cont)                                         AR20110021667



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