IN THE CASE OF:	  

		BOARD DATE:	    23 May 2012

		DOCKET NUMBER:  AR20110022475 


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 award of the Army Good Conduct Medal and the Combat Infantryman Badge.

2.  The applicant states he does not know why the medal and badge were omitted from his DD Form 214.

3.  The applicant provides copies of:

* DD Form 214
* General Orders Number 2099, Headquarters, 5th Special Forces Group (Airborne), 1st Special Forces, dated 12 October 1970
* Special Orders Number 300, Headquarters, 5th Special Forces Group (Airborne), 1st Special Forces, dated 27 October 1970

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 30 January 1968, the applicant enlisted in the Regular Army.  He completed his initial training and was awarded military occupational specialty 31S (Field General Communication Security Maintainer).

3.  The applicant's assignments included:

* Company E, 5th Special Forces Group (Airborne), in the Republic of Vietnam (RVN) from 26 March 1969 to 28 February 1970
* Company D, 5th Special Forces Group (Airborne), in the RVN from 1 March to 18 October 1970

4.  On 22 October 1970, the applicant was honorably released from active duty.  He attained the rank of specialist four/pay grade E-4 and completed 2 years, 8 months, and 23 days of creditable active duty service.

5.  The applicant's DD Form 214 shows he was awarded or authorized the following:

* National Defense Service Medal
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M14)
* Expert Marksmanship Qualification Badge with Rifle Bar (M16)
* Vietnam Service Medal
* RVN Parachutist Badge
* Parachutist Badge
* RVN Gallantry Cross with Palm Unit Citation
* RVN Campaign Medal
* RVN Special Forces Jump Wings
* Bronze Star Medal

6.  The applicant's military records contain the following orders:

* General Orders Number 2099, Headquarters, 5th Special Forces Group (Airborne), 1st Special Forces, dated 12 October 1970, awarding him the Army Good Conduct Medal for the period 30 January 1968 to date of separation on or about 25 October 1970
* Special Orders Number 300, Headquarters, 5th Special Forces Group (Airborne), 1st Special Forces, dated 27 October 1970, awarding him the Combat Infantryman Badge (1st Award) effective 27 October 1970

7.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards.  Appendix B shows that based on the applicant's dates of service in the RVN, he participated in the following five campaigns:  Tet 69 Counteroffensive 1969, Vietnam Summer-Fall 1969, Vietnam Winter-Spring 1970, Sanctuary Counteroffensive, and Vietnam Counteroffensive Phase VII.  This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.  A silver service star denotes participation in five campaigns.

8.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in the RVN.  This pamphlet shows that during the time of the applicant's assignment, the 5th Special Forces Group (Airborne) was cited in Department of the Army General Orders (DAGO) Number 59, dated 1969, and in DAGO Number 42, dated 1972, for award of the RVN Gallantry Cross with Palm Unit Citation (two separate awards).  This pamphlet also shows this same unit was cited in DAGO Number 48, dated 1971, for award of the RVN Civil Actions Honor Medal First Class Unit Citation.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 should be corrected to show award of the Army Good Conduct Medal and Combat Infantryman Badge.

2.  The evidence of record shows that general orders were published awarding the applicant the Army Good Conduct Medal.  Therefore, this award should be added to his DD Form 214.

3.  The evidence of record shows that special orders were published awarding the applicant the Combat Infantryman Badge.  Therefore, this award should be added to his DD Form 214.

4.  Records show the applicant participated in five campaigns during his service in the RVN.  Therefore, he is entitled to one silver service star to be affixed to his already-awarded Vietnam Service Medal.

5.  Records show the applicant's unit was cited in general orders for two awards of the RVN Gallantry Cross with Palm Unit Citation and for award of the RVN Civil Actions Honor Medal First Class Unit Citation.  Therefore, his records should be corrected to show these foreign unit awards.



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.  deleting award of the Vietnam Service Medal and RVN Gallantry Cross with Palm Unit Citation from his DD Form 214; and

	b.  adding the following awards to his DD Form 214:

* Army Good Conduct Medal (1st Award)
* Vietnam Service Medal with one silver service star
* RVN Gallantry Cross with Palm Unit Citation (2nd Award)
* RVN Civil Actions Honor Medal First Class Unit Citation
* Combat Infantryman Badge



      ___________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)                                         AR20110022475



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ABCMR Record of Proceedings (cont)                                         AR20110022475



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