IN THE CASE OF:	  

		BOARD DATE:  21 June 2012

		DOCKET NUMBER:  AR20120000708 


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 two Bronze Star Medals with "V" Device, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and any other unit awards be added to his DD Form 214 (Report of Transfer or Discharge).

2.  The applicant states his DD Form 214 is wrong. 

3.  The applicant provides copies of orders awarding him two different Bronze Star Medals with "V" Devices, his DD Form 214, and a letter from the Military Order of the Purple Heart.

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 on 3 January 1967.  He completed training as an infantryman during which he qualified as a Marksman with the M-14 Rifle, as a First Class Gunner (Sharpshooter) with the M-60 machinegun, and as a Sharpshooter with the M-16 Rifle.  After training he was posted to Vietnam for duty with the 1st Infantry Division.
3.  His DA Form 20 (Enlisted Qualification Record) shows in:

	a.  item 38 (Record of Assignments) – assigned to A Company, 1st Battalion, 28th Infantry, from 9 August 1967 through 12 November 1967 and to D Company 1st Battalion, 28th Infantry, from 13 November 1967 through 24 June 1968 – his conduct and efficiency rating were exclusively “excellent” throughout his period of active duty service;

	b.  item 40 (Wounds) – gunshot wound, right shoulder on 14 February 1968; and 

   c.  item 41 (Awards and Decorations) – the National Defense Service Medal, Vietnam Service Medal, Combat Infantryman Badge, Republic of Vietnam Campaign Medal (with Device (1960)), Purple Heart, two Overseas Service Bars, “1st Class Gunner Marksmanship Qualification Badge with Machinegun Bar”, “Sharpshooter Marksmanship Qualification Badge with Rifle (M-16) Bar” and the Marksman Marksmanship Qualification Badge with Rifle (M-14) Bar.

4.  1st Infantry Division General Orders Number:

* 6580, dated 5 July 1968, awarded him the Bronze Star Medal with "V" Device for heroism in action on 14 February 1968
* 8639, dated 18 August  1968, awarded him the Bronze Star Medal with "V" Device for heroism in action on 1 February 1968

5.  The applicant returned to the United States and, on 16 December 1968, he was released from active duty with an honorable characterization of service and transferred to the U.S. Army Reserve in pay grade E-5.

6.  The awards listed on his DD Form 214 consist of the Vietnam Service Medal with two bronze service stars, Sharpshooter Marksmanship Qualification Badge with Rifle Bar, Republic of Vietnam Campaign Medal (with Device (1960)), National Defense Service Medal, Combat Infantryman Badge, and the Purple Heart.

7.  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; 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.

8.  Army Regulation 600-8-22 (Military Awards) states the Vietnam Service Medal is awarded to all members of the Armed Forces of the United States for qualifying service in Vietnam after 3 July 1965 through 28 March 1973.  A bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.  Qualifying campaign periods that coincide with the applicant's tour of duty are:

* 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

9.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) states the 1st Battalion, 28th Infantry was  authorized the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 12 July 1965 through 16 October 1968 by Department of the Army General Order (DAGO Number 21 of 1969 and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation by DAGO Number 53 of 1970.

DISCUSSION AND CONCLUSIONS:

1.  The applicant was awarded two Bronze Star Medals with "V" Devices.  They should be shown on his DD Form 214.

2.  The applicant's “excellent” conduct and efficiency ratings, offense-free record, wartime service, personal decorations and progression to pay grade E-5 are more than sufficient to justify award of the Army Good Conduct Medal.
3.  The applicant served in Vietnam during one more designated campaign period than is shown on his DD Form 214.  He is authorized the Vietnam Service Medal with three bronze service stars.

4.  He is authorized the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.

5.  He earned the Sharpshooter Marksmanship Qualification Badge with Machinegun Bar and the Marksman Marksmanship Qualification Badge with Rifle (M-14) Bar.
6.  In view of the foregoing findings and conclusions, it would be appropriate to correct the applicant’s DD Form 214 as recommended below.

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 him the Army Good Conduct Medal (1st Award) for service from 3 January 1967 through 16 December 1968;

	b.  deleting the awards currently shown on his DD Form 214; and 

	c.  listing his authorized awards as the Bronze Star Medal with "V" Device and one bronze oak leaf cluster, Purple Heart, National Defense Service Medal, Vietnam Service Medal with three 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 Infantryman Badge, Sharpshooter Marksmanship 
Qualification Badge with Rifle (M-16) and Machinegun Bars, and the Marksman Marksmanship Qualification Badge with Rifle (M-14) Bar.




      __________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)                                         AR20120000708





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ABCMR Record of Proceedings (cont)                                         AR20120000708



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