IN THE CASE OF:	  

		BOARD DATE:	  26 July 2012

		DOCKET NUMBER:  AR20120000313 


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 following awards:

	a.  Bronze Star Medal with "V" Device (Second Oak Leaf Cluster), which represents his third award of the Bronze Star Medal.

	b.  Army Commendation Medal with "V" Device (First Oak Leaf Cluster).

2.  The applicant states administrative errors were made at the time of his release from active duty (REFRAD).

3.  The applicant provides copies of a DA Form 1577 (Authorization for Issuance of Awards) and his DD Form 214.

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 29 January 1968.  He completed training as a light weapons infantryman.  

3.  He arrived in Vietnam on 23 June 1968 and was assigned to Company B, 2nd Battalion, 60th Infantry, 9th Infantry Division.  He participated in the following five campaigns:

* Vietnam Counteroffensive, Phase IV Campaign, which extended from 2 April through 30 June 1968
* Vietnam Counteroffensive, Phase V Campaign, which extended from 1 July through 1 November 1968
* Vietnam Counteroffensive, Phase VI Campaign, which extended from 2 November 1968 through 22 February 1969
* Tet 69 Counteroffensive Campaign, which extended from 23 February through 8 June 1969
* Vietnam Summer-Fall 1969 Campaign, which extended from 9 June through 31 October 1969

4.  General Orders Number 11116, issued by Headquarters, 9th Infantry Division, dated 3 December 1968, awarded him the Air Medal for meritorious achievement while participating in sustained aerial flight from 8 July to 1 September 1968.

5.  General Orders Number 255, issued by Headquarters, 9th Infantry Division, dated 7 January 1969, awarded him the Bronze Star Medal with "V" Device for heroism in connection with military action involving conflict with an armed hostile force in the Republic of Vietnam on 18 August 1968.

6.  General Orders Number 2168, issued by Headquarters, 9th Infantry Division, dated 24 February 1969, awarded him the Air Medal (First Oak Leaf Cluster) for meritorious achievement while participating in sustained aerial flight from
3 September to 27 November 1968.

7.  General Orders Number 2832, issued by Headquarters, 9th Infantry Division, dated 9 March 1969, awarded him the Army Commendation Medal with “V” Device for heroism in connection with military operations against an armed hostile force in the Republic of Vietnam on 13 December 1968.


8.  General Orders Number 4162, issued by Headquarters, 9th Infantry Division, dated 7 April 1969, awarded him the Army Commendation Medal (First Oak Leaf Cluster) for outstanding achievement in connection with military operations against a hostile force in the Republic of Vietnam from 5 October 1968 to 
14 March 1969.

9.  General Orders Number 5617, issued by Headquarters, 9th Infantry Division, dated 16 May 1969, awarded him the Air Medal (Second Oak Leaf Cluster) for meritorious achievement while participating in sustained aerial flight from
5 December 1968 to 27 February 1969.

10.  General Orders Number 5961, issued by Headquarters, 9th Infantry Division, dated 25 May 1969, awarded him the Bronze Star Medal (First Oak Leaf Cluster) for meritorious service in connection with military operations against a hostile force in the Republic of Vietnam from June 1968 to May 1969.

11.  The applicant departed Vietnam en-route to the United States on 22 June 1969.  He was honorably REFRAD on 20 January 1970 and was transferred to the U.S. Army Reserve Control Group (Annual Training).

12.  His DD Form 214 shows the following awards:

* "NDSM"
* "EXP M-14"
* "EXP M-16"
* "VSM"
* "VCM"
* "2 O/S Bars"
* "CIB"
* "AM"
* "VN UNIT CITATION 2nd AWD"
* "ARCOM"
* "AM"
* "BS"
* "GALLANTRY CROSS w/PALM"
* "BSM" 

13.  His records show he received "excellent" conduct and efficiency ratings throughout his service.  There is no evidence in his records of any court-martial convictions, unfavorable personnel actions, or statements that would justify his disqualification for award of the Army Good Conduct Medal.
14.  The applicant submits a DA Form 1577, dated 27 January 1973.  This form shows he was issued engraved copies of his awards from the U.S. Army Support Center, Philadelphia, PA.

15.  Army Regulation 635-5 (Separation Documents) governs preparation of the DD Form 214.  This regulation provides that the DD Form 214 will reflect decorations, medals, badges, citations and campaign ribbons awarded or authorized for all periods of service. 

16.  Army Regulation 600-8-22 (Military Awards) states:

	a.  A bronze service star, based on qualifying service, for each campaign listed in Appendix B of this regulation and states that authorized bronze service stars will be worn on the appropriate service medal.  In this case, a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.  A silver service star is authorized in lieu of five bronze service stars.

	b.  An oak leaf cluster is awarded to denote the second and succeeding awards of certain decorations, among which are the Bronze Star Medal and the Army Commendation Medal.

	c.  Arabic numerals are now used instead of oak leaf clusters for the second and succeeding awards of the Air Medal.  The numeral 2 denotes the second award of the Air Medal.  The numeral 3 denotes the third award.

17.  Army Regulation 672-5-1 (Awards), in effect at the time, states the Army Good Conduct Medal is 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.

18.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in Vietnam.  This pamphlet shows the unit to which the applicant was assigned was cited for the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 19 December 1966 to 28 June 1969 by Department of the Army General Order Number 59, dated 1969.


DISCUSSION AND CONCLUSIONS:

1.  The applicant's contentions have been noted.

2.  There is no evidence to show he is authorized a third award of the Bronze Star Medal.  He is authorized the Bronze Star Medal with "V" Device (First Oak Leaf Cluster) and the Army Commendation Medal with "V" Device (First Oak Leaf Cluster).  Therefore, he is entitled to have his DD Form 214 corrected to show these awards.

3.  The evidence of record shows he received "excellent" conduct and efficiency ratings and he had no record of courts-martial and no commander's disqualification for award of the Army Good Conduct Medal.  Therefore, he is entitled to the first award of the Army Good Conduct Medal for the period
29 January 1968 to 20 January 1970 and to correction of his records to show this award.

4.  General Orders Numbers 11116 and 2168 show he received two additional awards of the Air Medal.  Therefore, he is entitled to correction of his records to show the Air Medal with Numeral "3."

5.  The evidence shows he participated in five campaigns during his service in Vietnam.  Therefore, he is entitled to correction of his records to show one silver service star for wear on his already-awarded Vietnam Service Medal.

6.  The evidence of record also shows he is entitled to wear the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.  Therefore, his
DD Form 214 should be corrected to show this award.

7.  In view of the foregoing, the applicant's records should be corrected as recommended below.

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. awarding him the Army Good Conduct Medal (1st Award) for the period 
29 January 1968 to 20 January 1970;

   b.  deleting the Vietnam Service Medal from his DD Form 214; and

	c.  adding the Bronze Star Medal with "V" Device (First Oak Leaf Cluster), Army Commendation Medal with "V" Device (First Oak Leaf Cluster), Air Medal with Numeral 3, Army Good Conduct Medal, Vietnam Service Medal with one silver service star, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation to his DD Form 214.

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 to amending his DD Form 214 to show he is authorized a third award of the Bronze Star Medal.  



      _______ _   _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)                                         AR20120000313



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ABCMR Record of Proceedings (cont)                                         AR20120000313



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