IN THE CASE OF:	   

		BOARD DATE:	  8 May 2012

		DOCKET NUMBER:  AR20110022067 


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 the:

* Bronze Star Medal with "V" Device
* Valorous Unit Award
* Meritorious Unit Commendation
* Republic of Vietnam Gallantry Cross with Palm Unit Citation

2.  The applicant states the requested awards and decorations are not listed on his DD Form 214.

3.  The applicant provides his DD Form 214 and a copy of General Orders (GO) Number 3541 awarding him the Bronze Star Medal with "V" Device.

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's records show he enlisted in the Regular Army, on 16 September 1965, and held military occupational specialty (MOS) 11B (Light Weapons Infantryman).

3.  He served in Vietnam from 24 May 1966 to 20 December 1967.  He was assigned as follows: 

* 173rd Aviation Company, 1st Aviation Brigade, from 28 May 1966 to 7 May 1967
* Company B, 1st Battalion, 16th Infantry, 1st Infantry Division, from 8 May 1967 to 20 December 1967

4.  GO Number 3541, issued by Headquarters, 1st Infantry Division, on 30 November 1966, awarded him the Bronze Star Medal with "V" Device.

5.  He was honorably released from active duty in the rank/grade of sergeant (SGT)/E-5 on 26 June 1968.  His DD Form 214 shows the:

* Air Medal with four silver and one bronze oak leaf cluster and a "V" Device
* Purple Heart
* Vietnam Service Medal with two bronze service stars
* National Defense Service Medal
* Combat Infantryman Badge
* Republic of Vietnam Campaign Medal
* Army Commendation Medal with oak leaf cluster and a "V" Device
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar
* 1st Class Gunner Marksmanship Qualification Badge with Machine Gun Bar (M-60)
* Aircraft Crewman Badge

6.  Department of the Army (DA) Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows during his service with the 173rd Aviation Company in Vietnam, from 28 May 1966 to 7 May 1967, his unit was awarded the:

* Valorous Unit Award, for service from 4 to 20 November 1966, based on DAGO Number 17, dated 1968
* Meritorious Unit Commendation, for service from 1 January to 31 December 1967, based on DAGO Number 48, dated 1968
* Republic of Vietnam Gallantry Cross with Palm Unit Citation, for service from 1 March 1966 to 26 March 1967, based on DAGO Number 22, dated 1969

7.  DA Pamphlet 672-3 shows during his service with the 1st Battalion, 16th Infantry in Vietnam, from 8 May to 20 December 1967, his unit was awarded the:

* Republic of Vietnam Gallantry Cross with Palm Unit Citation, for service from 12 July 1965 to 16 October 1968, based on DAGO Number 21, dated 1969
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for service from 1 October 1965 to 7 April 1970 based on DAGO Number 53, dated 1970

8.  DA Pamphlet 672-3 states not more than one Republic of Vietnam Gallantry Cross Unit Citation will be worn by any individual.  Although multiple awards of this unit citation are not authorized for wear, official military and historical records will indicate all awards received.  However, in the case of duplicate awards covering the same period of time only one award will be recorded in official military and historical records.

9.  A review of the applicant's records reveals his entitlement to additional awards which are not shown on his DD Form 214.

10.  A review of his service record shows no derogatory information that would disqualify him for the first award of the Army Good Conduct Medal.  Furthermore, item 38 (Record of Assignments) of his DA Form 20 (Enlisted Qualification Record) shows he received "excellent" conduct and efficiency ratings throughout his military service.

11.  Army Regulation 672-5-1 (Military Awards), in effect at the time, provided that the Army Good Conduct Medal was awarded to individuals who completed a qualified period of active duty enlisted service.  This period was 3 years except in those cases when the period for the first award ended with the termination of a period of Federal military service.  The enlisted person must have had all "excellent" conduct and efficiency ratings and no convictions by a court-martial.

12.  Appendix B of Army Regulation 600-8-22 (Military Awards) shows participation credit was awarded for three campaigns during the applicant's service in the Republic of Vietnam as shown below.  This same regulation states a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.  

* Vietnam Counteroffensive, 25 December 1965 - 30 June 1966
* Vietnamese Counteroffensive, Phase II, 1 July 1966 - 31 May 1967
* Vietnamese Counteroffensive Phase III, 1 June 1967 - 29 January 1968

DISCUSSION AND CONCLUSIONS:

1.  GO's awarded the applicant the Bronze Star Medal with "V" Device which is not shown on his DD Form 214; therefore, he is entitled to correction of his DD Form 214 to show this award.

2.  He served honorably from 16 September 1965 through 26 June 1968.  He served in combat in Vietnam, attained the rank/grade of SGT/E-5, received multiple valor awards, and received "excellent" efficiency and conduct ratings throughout his military service.  Absent any derogatory information on file that would have disqualified him from receiving the Army Good Conduct Medal (1st Award) it would be appropriate to award him this medal and to correct his DD Form 214 to show this medal.

3.  General orders awarded his unit in Vietnam the Valorous Unit Award, Meritorious Unit Commendation, two awards of the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Republic of Vietnam Gallantry Civil Actions Honor Medal First Class Unit Citation, which are not shown on his DD Form 214; therefore, he is entitled to correction of his DD Form 214 to show these unit awards.

4.  He was awarded the Vietnam Service Medal.  Additionally, he participated in three campaigns while serving in the Republic of Vietnam.  Therefore, he is entitled to three instead of two bronze service stars to be affixed to the Vietnam Service Medal.

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 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:

	a.  Awarding him the Army Good Conduct Medal (1st Award) for exemplary behavior, efficiency, and fidelity during the period 16 September 1965 through 
26 June 1968; 

   b.  Deleting the Vietnam Service Medal with two bronze service stars; and

	c.  Adding to his DD Form 214 the:

* Bronze Star Medal with "V" Device
* Army Good Conduct Medal (1st Award)
* Vietnam Service Medal with three bronze service stars
* Valorous Unit Award
* Meritorious Unit Commendation
* Republic of Vietnam Gallantry Cross with Palm Unit Citation (2nd Award)
* Republic of Vietnam Gallantry Civil Actions Honor Medal First Class 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)                                         AR20110022067



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20110022067



5


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1