IN THE CASE OF:	  

		BOARD DATE:	  24 July 2012

		DOCKET NUMBER:  AR20120000963 


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 Silver Star (SS).

2.  The applicant makes no additional contentions.

3.  The applicant provides copies of:

* DD Form 214
* General orders for the SS
* Certificate for the SS

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 6 October 1966, the applicant was inducted into the Army of the United States.  He completed his initial training and was awarded military occupational specialty 62D (Heavy Equipment Operator).

3.  In May 1967, the applicant departed Fort Leonard Wood, MO, for duty in the Republic of Vietnam (RVN).

	a.  On 1 June 1967, he was assigned to Company B, 86th Engineer Battalion with duty as a tractor operator.

	b.  On 11 January 1968, he was assigned to Headquarters and Headquarters Company, 86th Engineer Battalion with duty as a construction machine operator.

	c.  On or about 16 July 1968, he departed the RVN.

4.  On 18 July 1968, the applicant was released from active duty and transferred to the U.S. Army Reserve Control Group (Annual Training).  He had attained the rank of specialist four, pay grade E-4, and completed 1 year, 9 months, and 
13 days of creditable active service.

5.  The applicant's DD Form 214 indicates he was awarded:

* National Defense Service Medal
* Vietnam Campaign Medal
* Purple Heart with Oak Leaf Cluster
* Vietnam Service Medal
* Expert Marksmanship Qualification Badge with Rifle Bar

6.  General Orders Number 67, Headquarters, Engineer Troops Vietnam (Provisional), dated 11 September 1968, awarded him the SS for gallantry in action on 8 April 1968, while engaged in military operations involving conflict with an armed hostile force.

7.  The applicant's DA Form 20 (Enlisted Qualification Record) shows in Item 38 (Record of Assignments) his conduct and efficiency rating were “excellent.”  There is no evidence to show the commander took any action to deny him the Army Good Conduct Medal.

8.  Army Regulation 600-8-22 (Military Awards) shows that based on the applicant's dates of service in the RVN he participated in the following four campaign periods:  the Vietnam Counteroffensive, Phase III; the Tet 


Counteroffensive; the Vietnam Counteroffensive, Phase IV; and the Vietnam Counteroffensive, Phase V.  This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.

9.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in the Republic of Vietnam.  This publication shows that while the applicant was assigned to the 86th Engineer Battalion the unit was cited in Department of the Army General Orders (DAGO):

	a.  Number 17, dated 1969, for award of the Meritorious Unit Commendation.

	b.  Number 31, dated 1969, for award of the RVN Gallantry Cross with Palm Unit Citation.

	c.  Number 43, dated 1970, for award of the RVN Civil Actions Honor Medal First Class Unit Citation.

10.  Army Regulation 672-5-1 (Awards), in effect at the time, provided that the Army Good Conduct Medal was awarded to enlisted Soldiers who had completed a qualified period of active duty enlisted service.  This period is 3 years except in those cases when the period for the first award ends 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.

DISCUSSION AND CONCLUSIONS:

1.  General orders show the applicant was awarded the SS for gallantry in action on 8 April 1968.  Therefore, his DD Form 214 should be corrected to show this medal.

2.  The applicant’s records clearly show he distinguished himself in the performance of his military service as evidenced by his attaining the rank of specialist four, pay grade E-4, receiving the SS for gallantry in action and achieving "excellent" conduct and efficiency ratings.  Therefore, it is presumed that his not receiving an Army Good Conduct Medal for his service was an oversight.  Accordingly, he should be awarded this medal and his DD Form 214 should be corrected to show it.



3.  Records also show:

   a.  The applicant’s unit was cited in general orders for award of the Meritorious Unit Commendation.  Therefore, his DD Form 214 should be corrected to show this unit award.

   b.  The applicant participated in four campaign periods during his service in the RVN.  Therefore, he is eligible for award of four bronze service stars to be affixed to his already-awarded Vietnam Service Medal and correction of his
DD Form 214 to show these awards.

   c.  The applicant's unit was cited in general orders for award of the RVN Gallantry Cross with Palm Unit Citation and the RVN Civil Actions Honor Medal First Class Unit Citation.  Therefore, his DD Form 214 should be corrected to show these foreign unit awards.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____x___  ____x___  ____x___  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 for the period 6 October 1966 to 18 July 1968;

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

	c.  adding to the awards already listed on his DD Form 214 the:

* Silver Star
* Army Good Conduct Medal
* Vietnam Service Medal with four bronze service stars


* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam 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)                                         AR20120000963



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ABCMR Record of Proceedings (cont)                                         AR20120000963



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