IN THE CASE OF:	  

		BOARD DATE:  7 August 2012

		DOCKET NUMBER:  AR20120001242 


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 (Report of Transfer or Discharge) to show the Silver Star and the Bronze Star Medal.

2.  The applicant states he did not receive the medals until after he was discharged.

3.  The applicant provides:

* Silver Star Certificate, dated 13 August 1968
* Newspaper article about him receiving the Silver Star with a pictures of him receiving the award
* Bronze Star Medal Certificate, dated 13 May 1968
* Bronze Star Medal citation
* Newspaper article about him being awarded the Bronze Star Medal

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 enlisted in the Regular Army on 28 July 1965 for a period of
3 years.  He completed training and he was awarded military occupational specialty 11B (light weapons infantryman).

3.  He was subsequently transferred to Vietnam on 25 April 1967.  His DA
Form 20 (Enlisted Qualification Record) shows in:

	a.  item 38 (Record of Assignments) he was assigned to the following units in Vietnam:

* B Company, 4th Battalion, 23rd Infantry from 2 May through 18 July 1967
* A Company, 2nd Battalion, 22nd Infantry from 19 July 1967 to
20 April 1968

	b.  item 38 he received all "excellent" conduct and efficiency ratings throughout his period of active service;

	c.  item 40 (Wounds) he received a bullet wound to his right forearm on 
4 September 1967;

	d.  item 41 (Awards and Decorations) the:

* National Defense Service Medal
* Purple Heart
* Vietnam Campaign Medal with Device (1960)
* Vietnam Service Medal
* Combat Infantryman Badge
* two Overseas Service Bars
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)

4.  On 20 April 1968, the applicant departed Vietnam en route to Fort Lewis, WA for separation processing.

5.  On 26 July 1968, he was honorably released from active duty at the expiration of his term of service in the rank/grade of staff sergeant (SSG)/E-6.  He was transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement) to complete his remaining service obligation.  His DD Form 214 shows he completed 3 years of total active service.  The DD Form 214 he was issued at the time shows the same awards as shown on his DA Form 20.

6.  There is no evidence of any disciplinary actions or a commander's disqualification that would have precluded the applicant from being awarded the first award of the Army Good Conduct Medal.

7.  Review of 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 Military Awards Branch of the U.S. Army Human Resources Command, contains the following orders pertaining to the applicant.

* General Orders Number 3910, issued by Headquarters, 25th Infantry Division, dated 4 October 1967, awarding him the Purple Heart for wounds received in action in Vietnam on 4 September 1967
* General Orders Number 5805, issued by the same headquarters, dated 
1 August 1968, awarding him the Silver Star for gallantry in action in Vietnam on 1 February 1968

8.  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.

9.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam.  This pamphlet shows the:

	a.  4th Battalion, 23rd Infantry, was cited for award of the:

* Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period April 1966 through August 1968 by Department of the Army General Order (DAGO) Number 48, dated 1971
* Republic of Vietnam Civil Actions Honor Medal First Class for the period 30 April 1966 through 21 January 1970 by DAGO Number 51, dated 1971


	b.  2nd Battalion, 22nd Infantry was cited for award of the:

* Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period October 1966 through 1 August 1967 by DAGO Number 48, dated 1971
* Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period August 1967 through August 1968 by DAGO Number 48, dated 1971
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 1 August 1967 through 21 January 1970 by DAGO Number 51, dated 1971

10.  Department of the Army Pamphlet 672-3, paragraph 6 (Miscellaneous Information), states not more than one award of the Republic of Vietnam Gallantry Cross Unit Citation may be worn by any individual.  Although wear of multiple awards of this unit citation badge is not authorized, official military personnel and historical records will indicate all awards received.

11.  Army Regulation 600-8-22 (Military Awards), paragraph 2-13, contains the regulatory guidance on the Vietnam Service Medal.  It states a bronze service star is authorized with this award for each Vietnam campaign a member is credited with participating in.  Appendix B shows that during his service in Vietnam, the applicant participated in the following four campaigns:

* Vietnam Counteroffensive Phase II (1 July 1966 - 31 May 1967)
* 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)

DISCUSSION AND CONCLUSIONS:

1.  General orders awarded the applicant the Silver Star for gallantry in action in Vietnam on 16 February 1968, which corresponds with the award certificate he provided.  Therefore, his DD Form 214 should be corrected to show this award.

2.  The orders for the Bronze Star Medal are not available for review.  However, the newspaper article and the fact that the applicant was in combat units in Vietnam for well over a year, he was wounded in action, he was awarded the Silver Star, and he was promoted to staff sergeant support the conclusions that the certificate and citation are legitimate.  Therefore, it would be appropriate at this time to correct his DD Form 214 to show this award.


3.  The applicant served a qualifying period of active duty enlisted service for the first award of the Army Good Conduct Medal.  There is no record of any disciplinary action.  He received all "excellent" conduct and efficiency ratings during his service.  He was awarded medals for valor and meritorious service and he attained the rank/grade of SSG/E-6.  Therefore, it would be appropriate at this time to award him the Army Good Conduct Medal (1st Award) for the period 28 July 1965 through 26 July 1968 and to correct his DD Form 214 to show this award.

4.  Records show the applicant participated in four campaigns during his service in Vietnam.  Therefore, he is entitled to four bronze service stars for wear on his already-awarded Vietnam Service Medal and correction of his DD Form 214 to show these bronze service stars.

5.  The applicant's units in Vietnam were cited for three awards of the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  Although he is only authorized to wear one award of this unit citation his DD Form 214 should be corrected to show all three awards.

6.  The applicant's units in Vietnam were cited for two awards of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.  Therefore, his
DD Form 214 should be corrected to show these unit awards.

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


	b.  awarding him the Army Good Conduct Medal (1st Award) for the period
28 July 1965 through 26 July 1968; and

	c.  adding to his DD Form 214 the:

* Silver Star
* Bronze Star Medal
* Army Good Conduct Medal (1st Award) 
* Vietnam Service Medal with four bronze service stars
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
(3rd Award
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation (2nd Award)



      __________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)                                         AR20120001242



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ABCMR Record of Proceedings (cont)                                         AR20120001242



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