BOARD DATE:	  21June 2012

		DOCKET NUMBER:  AR20110025081 


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:

* three general orders (GO) to show the correct spelling of his last name 
* five GO to show his correct social security number (SSN) 
* one GO to show his correct service number 
* his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show all awards he is authorized

2.  He states his last name was spelled incorrectly on three GO, his SSN is incorrect on five GO, his service number is incorrect on one GO, and his award of the Purple Heart is not listed on his DD Form 214.

3.  He provides his DD Form 214 and six GO with accompanying citations and certificates.

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 was inducted into the Army of the United States on 5 June 1967.  

3.  The DD Form 47 (Record of Induction) completed during his induction processing shows he was assigned the service number XXXXXX57.  A DD Form 398 (Statement of Personal History) completed during his induction processing shows he entered his SSN as 357-XX-XXXX.  His last name was recorded as "Sxxxxxeixxx."

4.  After completing initial entry training, he was awarded primary military occupational specialty 67N (UH-1 Helicopter Repairman) and assigned to duty in Vietnam.  

5.  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 Awards and Decorations Branch of the U.S. Army Human Resources Command, contains several GO issued by Headquarters, Americal Division, announcing awards given to the applicant.

	a.  GO Number 3197, dated 14 June 1968, announced award of the Air Medal (AM).  The GO shows his SSN as 367-XX-XXXX and his last name as "Sxxxxxiexxx."

	b.  GO Number 5407, dated 9 August 1968, announced award of the Soldier's Medal.  The GO shows his SSN as 367-XX-XXXX and his last name as "Sxxxxxiexxx."

	c.  GO Number 5355, dated 9 August 1968, announced award of the Army Commendation Medal (ARCOM) with "V" Device.  The GO shows his SSN as 367-XX-XXXX and his last name as "Sxxxxxiexxx."

	d.  GO Number 8971, dated 21 November 1968, announced award of the ARCOM (1st Oak Leaf Cluster).  The GO shows his service number as US XXXXXX77 and his SSN as 367-XX-XXXX.

	e.  GO Number 773, dated 30 January 1969, announced award of the AM (1st through 24th Oak Leaf Clusters).  The GO shows his SSN as 367-XX-XXXX.  

6.  A review of ADCARS failed to reveal orders awarding the Purple Heart to him.
7.  A DA Form 8-275-3 (Clinical Record Cover Sheet) shows he received a wound to the neck on 8 December 1968 when he was hit by enemy fire.

8.  He provides GO Number 37, issued by Headquarters, 312th Evacuation Hospital, dated 12 December 1968, showing he was awarded the Purple Heart for a wound he received in action on 7 December 1968.

9.  His DA Form 20 (Enlisted Qualification Record) shows in:

* item 29 (Qualification in Arms) he qualified as Sharpshooter with the 
M-14 and M-16 rifles
* item 31 (Foreign Service) he was credited with service in Vietnam from 31 December 1967 to 14 January 1969
* item 38 (Record of Assignments) he was assigned to duty in Vietnam with two companies of the 123d Aviation Battalion:

* Headquarters and Headquarters Company from 5 January to 4 February 1968
* Company B from 5 February 1968 to 11 January 1969

* item 38 he received all "excellent" conduct and efficiency ratings

10.  On 15 January 1969, he was honorably released from active duty as an overseas returnee after completing 1 year, 7 months, and 9 days of total active service.  

11.  His DD Form 214 shows he was awarded or authorized the following:

* National Defense Service Medal
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)
* AM
* Republic of Vietnam (RVN) Campaign Medal with Device (1960)
* Vietnam Service Medal (VSM)
* two Overseas Service Bars
* Aircraft Crew Member Badge
* ARCOM

12.  His DD Form 214 shows his last name as "Sxxxxxeixxx," his service number as US XX XXX X57, and his SSN as "357 XX XXXX."

13.  Army Regulation 672-5-1 (Awards), in effect at the time, stated the AGCM was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940; for first award only, 1 year served entirely during the period 7 December 1941 to 2 March 1946; 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.

14.  His record is void of documentation showing he was the subject of any disciplinary actions or that he received a commander's disqualification for award of the Army Good Conduct Medal.

15.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards.  It states:

	a.  A bronze service star is worn on the appropriate service ribbon, to include the VSM, for each credited campaign.  A silver service star is authorized in lieu of five bronze service stars.  

	b..  Arabic numerals are now used instead of oak leaf clusters for the second and succeeding awards of the AM.  The numeral 2 denotes the second award of the Air Medal.

	c.  Marksmanship qualification badges are awarded to indicate the degree – Expert, Sharpshooter, and Marksman – in which an individual qualified in a prescribed record course.  An appropriate bar is furnished to denote each weapon with which the individual qualified.

16.  The Vietnam campaigns are listed in appendix B of Army Regulation 
600-8-22.  His record shows his service in Vietnam coincided with five campaigns:

* Vietnam Counteroffensive Phase III (1 June 1967 - 29 January 1968)
* Tet Counteroffensive (30 January - 1 April 1968)
* Vietnam Counteroffensive Phase IV (2 April - 30 June 1968)
* Vietnam Counteroffensive Phase V (1 July - 1 November 1968)
* Vietnam Counteroffensive Phase VI (2 November 1968 - 22 February 1969)

17.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam.  The pamphlet shows Company B, 123d Aviation Battalion, was cited for award of the RVN Gallantry Cross with Palm Unit Citation for the period 2 November 1968 to 28 February 1969, by Department of the Army GO Number 2, dated 1971.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows errors were made in his identifying information in several GO announcing awards.  It would be appropriate to amend:  

* GO Numbers 3197, 5355, and 5407 to correct the spelling of his last name and to correct his SSN
* GO Number 8971 to correct his service number and SSN
* GO Number 773 to correct his SSN

2.  GO awarded him the Soldier's Medal, Purple Heart, AM (25th Award), and ARCOM with one Oak Leaf Cluster and with "V" Device.  Therefore, he is entitled to correction of his DD Form 214 to show these awards. 

3.  He received all "excellent" conduct and efficiency ratings throughout his service.  There is no record of conviction by court-martial and no record of a commander's disqualification for award of the AGCM.  In light of his overall record of service, it would be appropriate to award him the first award of the AGCM based on completion of a qualifying period of active Federal service from 5 June 1967 to 15 January 1969 and to correct his DD Form 214 to show this award.

4.  He was awarded the VSM and he participated in five campaigns while serving in Vietnam.  Therefore, he is entitled to correction of his DD Form 214 to show one silver service star for wear on the previously-awarded VSM.

5.  He qualified as Sharpshooter with the M-16 rifle.  Therefore, he is entitled to correction of his DD Form 214 to show the Sharpshooter Marksmanship Qualification Badge with Automatic Rifle Bar (M-16).

6.  He was assigned to a unit in Vietnam during a period for which it was cited for award of the RVN Gallantry Cross with Palm Unit Citation.  Therefore, he is entitled to correction of his DD Form 214 to show this unit award.







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.  amending GO Numbers 3197, 5355, 5407, 8971, and 773 to show, as appropriate, the last name, service number, and SSN shown on his DD Form 214; 

	b.  awarding him the AGCM (1st Award) based on completion of a qualifying period of active Federal service from 5 June 1967 to 15 January 1969;

	c.  deleting the AM, ARCOM, and VSM from his DD Form 214; and

	d.  adding to his DD Form 214 the – 

* Soldier's Medal
* Purple Heart
* AM (25th Award)
* ARCOM with one Oak Leaf Cluster and with "V" Device
* VSM with one silver service star
* Sharpshooter Marksmanship Qualification Badge with Automatic Rifle Bar
* RVN 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)                                         AR20110025081





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ABCMR Record of Proceedings (cont)                                         AR20110025081



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