IN THE CASE OF:	  

		BOARD DATE:	  19 July 2012

		DOCKET NUMBER:  AR20120001284 


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:

* His correct induction and separation dates
* His Vietnam combat and service medals

2.  The applicant states the Vietnam combat medals and Vietnam service medals were left off his DD Form 214.  His Army Commendation Medal and Bronze Star Medal show the dates he was in Vietnam to allow him the Vietnam Service Medal and Vietnam Campaign Medal.  There is a conflict between what his Army Commendation Medal and Bronze Star Medal awards state and what his
DD Form 214 is missing.

3.  The applicant provides:

* DD Form 214 for the period ending 23 December 1968
* Honorable Discharge Certificate, dated 23 December 1968
* Certificate and citation for the Bronze Star Medal, dated 10 July 1969
* General Orders Number 3939, issued by Headquarters, 9th Infantry Division, dated 3 April 1969
* Certificate and citation for the Army Commendation Medal, dated 3 April 1969

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 24 April 1968 and he held military occupational specialty 11B (Light Weapons Infantryman).

3.  Headquarters, U.S. Army Training Center, Infantry, Fort Lewis, WA, published:

* Special Orders Number 161, dated 10 June 1968, awarding him the Expert Marksmanship Qualification Badge with Rifle Bar (M-14)
* Special Orders Number 232, dated 20 August 1968, awarding him the Expert Marksmanship Qualification Badge with Machinegun Bar (M-60)

4.  He served in Vietnam from 22 September 1968 to 20 August 1969 with the 9th Infantry Division.  He was assigned to:

* Company B, 2nd Battalion, 39th Infantry from 1 October 1968 through
23 December 1968
* Company E, 709th Maintenance Battalion from 24 December 1968 to
20 August 1969

5.  While in Vietnam, he was honorably discharged on 23 December 1968 for the purpose of immediate enlistment in the Regular Army (RA).  His DD Form 214 for the period ending 23 December 1968 shows in:

* Item 22a(1) (Net Service this Period) he completed 8 months of total active service during this period of service
* Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) shows award of the:

* National Defense Service Medal
* Combat Infantryman Badge
* Expert Marksmanship Qualification Badge with Rifle Bar (M-14)
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-16)

6.  He enlisted in the RA on 24 December 1968 for a period of 3 years.  He continued to serve in Vietnam.

7.  Headquarters, 9th Infantry Division, published:

* General Orders Number 3939, dated 3 April 1969, awarding him the Army Commendation Medal for outstanding achievement for the period
20 September 1968 to 20 February 1969
* GO Number 9812, dated 10 July 1969, awarding him the Bronze Star Medal for meritorious achievement for the period December 1968 to July 1969

8.  On 20 August 1969, he departed Vietnam en route to his next assignment at Fort Hood, TX.

9.  Special Orders Number 130, issued by Headquarters, 169th Maintenance Battalion, Fort Hood, dated 6 November 1970, awarded him the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16).

10.  The applicant's DA Form 20 (Enlisted Qualification Record) shows in:

* Item 38 (Record of Assignment) he received all "excellent" conduct and efficiency ratings
* Item 41 (Awards and Decorations) the:

* Bronze Star Medal
* Army Commendation Medal
* National Defense Service Medal
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation
* Combat Infantryman Badge
* Driver and Mechanic Badge with Driver-W Bar
* Expert Marksmanship Qualification Badge with Rifle Bar (M-14)
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16)

11.  There is no record of any derogatory information or a commander's disqualification that would disqualify him for the first award of the Army Good Conduct Medal.

12.  He was honorably released from active duty in the rank/grade of specialist five (SP5)/E-5 on 9 November 1971 and he was transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement) to complete his remaining service obligation.  The DD Form 214 he was issued for this period of service shows in:

* item 17c (Date of Entry) – 24 December 1968
* item 11d (Effective Date (of transfer or discharge)) – 9 November 1971
* item 22a(1) – "2  10  16"
* item 22a(2) (Other Service) – "0  8  0"
* items 22a(3) (Total) – "3  6  16"
* item 22b (Total Active Service) – "3  6  16" 
* item 24, the:

* Vietnam Service Medal with two bronze service stars
* Army Commendation Medal
* Bronze Star Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* Driver and Mechanic Badge with Driver-W Bar
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Vietnam Civil Actions Honor Medal with First Class Unit Citation with oak leaf cluster
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16)

13.  Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214.  The DD Form 214 is a summary of a Soldier's most recent period of continuous active service.  It provides a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge.  Until the policy was changed in October 1979, separate DD Forms 214 were prepared upon discharge for immediate enlistment/reenlistment.  It further states for Item 24, enter from
item 9, DA Form 20, all decorations, service medals, campaign credits, and badges awarded or authorized, omitting authorities cited therein.

14.  Army Regulation 672-5-1 (Military Awards), in effect at the time, provided that the Army Good Conduct Medal was awarded to individuals who completed a qualified period of active duty enlisted service.  This period was 3 years except in 

those cases when the period for the first award ended 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.

15.  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 V (1 July - 1 November 1968)
* Vietnam Counteroffensive, Phase VI (2 November 1968 - 22 February 1969)
* TET 69 Counteroffensive (23 February - 8 June 1969)
* Vietnam Summer - Fall 1969 (9 June - 31 October 1969)

16.  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 units to which the applicant was assigned was cited for award of the:

* Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 1 July through 13 November 1968 by Department of the Army General Order (DAGO) Number 31, dated 1969
* Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period January through June 1969 by DAGO Number 59, dated 1969

17.  Department of the Army Pamphlet 672-3, paragraph 6 (Miscellaneous Information) states that 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.

DISCUSSION AND CONCLUSIONS:

1.  With respect to his entry and separation dates:

	a.  The evidence of record shows he was initially inducted into the Army of the United States on 24 April 1968 and he was honorably discharged on
23 December 1968 for the purpose of immediate enlistment in the RA.  He completed 8 months of total active service during this period and he was issued a DD Form 214 that captured this active duty period.

	b.  He enlisted in the RA on 24 December 1968 and he was released from active duty on 9 November 1971.  He was issued a DD Form 214 that captured this period of active service as well as his prior active service.

	c.  The DD Form 214 is a summary of a Soldier's most recent period of continuous active service.  It provides a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge.  Consolidation of two or more periods of service into one DD Form 214 was not authorized during the periods referenced.  Therefore, his DD Form 214 for each period of active service correctly shows his entry and separation dates.  Therefore, there is no basis for his induction, enlistment, or discharge dates on either of his DD Forms 214.

	d.  It appears he may not have a copy of his last DD Form 214.  A copy will be provided to him.

2.  With respect to his Vietnam combat and service medals:

	a.  He was awarded the Vietnam Service Medal.  Additionally, he participated in four campaigns while serving in the Republic of Vietnam but he only received credit for two campaigns.  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.

	b.  His units in Vietnam were cited for two awards of the Republic of Vietnam Gallantry Cross with Palm Unit Citation but he only received credit for one award. Therefore, he is entitled to two award of this unit citation and correction of his DD Form 214 to show both awards.

3.  He served honorably from 24 April 1968 through 9 November 1971.  He completed a combat tour in Vietnam, attained the rank/grade of SP5/E-5, received multiple achievement awards, and received all "excellent" conduct and efficiency ratings throughout his military service.  His records contain no derogatory information that would have disqualified him from receiving the first award of the Army Good Conduct Medal.  Therefore, it would be appropriate to award him the Army Good Conduct Medal (1st Award) for the period 24 April 1968 through 23 April 1971 and to correct his DD Form 214 to show this award.

4.  Applicable Army regulation states to enter all decorations, service medals, campaign credits, and badges awarded or authorized to Item 24 of the DD Form 214.  Therefore, the applicant's DD Form 214 for the period ending 9 November 1971 should be corrected accordingly.

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.  deleting from his DD form 214 for the period ending 9 November 1971 the:

* Vietnam Service Medal with two bronze service stars
* Republic of Vietnam Gallantry Cross With Palm Unit Citation
* Sharpshooter (Rifle)

	b.  awarding him the Army Good Conduct Medal (1st Award) for the period
24 April 1968 through 23 April 1971; and

	c.  adding to his DD Form 214 for the period ending 9 November 1971 the:

* Army Good Conduct Medal (1st Award)
* National Defense Service Medal
* Vietnam Service Medal with four bronze service stars
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
(2nd Award)
* Combat Infantryman Badge
* Expert Marksmanship Qualification Badge with Rifle Bar (M-14)
* Expert Marksmanship Qualification Badge with Machinegun Bar (M-60)
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16)

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 making any changes to his entry or separation dates on either of his DD Forms 214.



      ___________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)                                         AR20120001284



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ABCMR Record of Proceedings (cont)                                         AR20120001284



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