IN THE CASE OF:	  

		BOARD DATE:  2 August 2012

		DOCKET NUMBER:  AR20120002572 


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 his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to add the Combat Medical Badge (CMB) and by correcting the Social Security Number (SSN) listed in item 3 (Social Security Number).  

2.  The applicant states the CMB is clearly shown on his record and the SSN in item 3 is incorrect.  

3.  The applicant provides page 4 of his DA Form 20 (Enlisted Qualification Record) and his DD Form 214 in support of his request.  

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 record shows the applicant was inducted into the Army on 23 November 1966.  Documents prepared during his induction processing including a 
DD Form 398 (Statement of Personnel History) and DA Form 3027 (National Agency Check) list the SSN he now claims is correct (the sixth digit as a “7”).  

3.  The DA Form 20 prepared on the applicant upon his entry on active duty on 
1 December 1966 lists the SSN he now claims is correct in item 1 (Name and Service Number).  All orders and other documents in his Military Personnel Records Jacket (MPRJ) that list an SSN also list the one he now claims is correct which is the same as the one listed in item 1 of the DA Form 20 and on the documents prepared during his induction processing.  

4.  Item 31 (Foreign Service) of the DA Form 20 shows the applicant served in the Republic of Vietnam (RVN) from 26 March 1968 to a date of expected return of 15 November 1968. Item 38 (Record of Assignments) shows that during his RVN tour, he was assigned to Headquarters and Headquarters Company (HHC), 3rd Battalion, 
7th Infantry Regiment, performing duties in MOS 91B as a medical specialist.  Item 38 also shows the applicant received “excellent” conduct and efficiency ratings at all of his active duty assignments.  

5.  Item 41 (Awards and Decorations) of the DA Form 20 includes the CMB in the list of earned awards entered which are as follows:

* National Defense Service Medal (NDSM)
* RVN Campaign Medal with 60 Device
* Vietnam Service Medal (VSM)
* CMB
* Army Commendation Medal (ARCOM)
* Purple Heart (PH)
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar

6.  The applicant’s MPRJ contains Headquarters, 199th Infantry Brigade (Sep) (Light) Special Orders Number 137, dated 16 May 1968 which awarded the applicant the CMB.  The MPRJ is void of derogatory information or a unit commander disqualification that would have precluded award of the Army Good Conduct Medal (AGCM).  

7.  On 12 November 1968, the applicant was honorably released from active duty, in the rank of specialist five/E-5 after completing 1 year, 11 months, and
20 days of active military service.  The DD Form 214 lists the National Defense 


Service Medal, Vietnam Service Medal, Vietnam Campaign Medal, Army Commendation Medal, Bronze Star Medal, and Purple Heart.

8.  Army Regulation 600-8-22 (Military Awards) contains the Army's awards policy.  Paragraph 2-13 contains guidance for the VSM.  It states a bronze 
service star is authorized with this award for each campaign a member is credited with participating in while serving in the RVN.  Table B-1 contains a list of campaigns and shows that during the applicant's tenure of assignment in the RVN, participation credit was granted for the following four campaigns for the periods indicated:
* TET Counteroffensive, 30 January-1 April 1968 
* Vietnam Counteroffensive Phase IV, 2 April-30 June 1968 
* Vietnam Counteroffensive Phase V, 1 July-1 November 1968 
* Vietnam Counteroffensive Phase VI, 2 November 1968-22 February 1969 
9.  Army Regulation 672-5-1 (Awards), in effect at the time, stated the AGCM was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940; for the 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.

10.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows that during the applicant's tenure of assignment in the RVN, his unit, HHC, 3 rd Battalion, 7th Infantry Regiment was cited for award of the RVN Gallantry Cross with Palm Unit Citation for the period 19 June 1968 through 31 July 1970 and the RVN Civil Actions Honor Medal First Class Unit Citation for the period 12 December 1966 through 31 August 1970 by Department of the Army General Order (DAGO) 51, dated 1971.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s request to add the CMB and correct the SSN on his DD Form 214 has been carefully considered and found to have merit.  

2.  Orders awarded him the CMB, and all documents in his MPRJ except the    DD Form 214 show the sixth digit of his SSN as a “7.”  Therefore, it would be appropriate to add the CMB to the DD Form 214 and to correct the SSN listed in 


item 3 by deleting the current SSN and replacing it with the SSN in item 1 of the applicant’s DA Form 20.  

3.  The evidence of record also confirms the applicant received all "excellent" conduct and efficiency ratings throughout his service.  Further, his record is void of any derogatory information or a unit commander's disqualification that would have precluded him from being awarded the first award of the AGCM.  Therefore, it would be appropriate to award him the AGCM for the period 23 November 1966 through 12 November 1968 and to add this award to his record and
DD Form 214.  

4.  The evidence of record also confirms that based on his RVN service and campaign participation he is eligible for the RVN Gallantry Cross with Palm Unit Citation, RVN Civil Actions Honor Medal First Class Unit Citation, and 4 bronze service stars with his already-awarded VSM.  Therefore, his DD Form 214 should also be corrected to show these awards.

5.  In addition, the Sharpshooter Marksmanship Qualification Badge with Rifle Bar earned by the applicant, as evidenced by an entry in item 41 of the DA Form 20, should also be added to the applicant’s DD Form 214.  

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 the period 
 23 November 1966 through 12 November 1968; 


   b.  amending his DD Form 214 as follows:
   
   	(1)  Deleting the SSN listed in item 3 and replacing it with the SSN listed in item 1 of his DA Form 20: and
   
   	(2)  Deleting the current Vietnam Service Medal entry and replacing it with the entry “Vietnam Service Medal with 4 bronze service stars" and adding the Army Good Conduct Medal (1st Award), Vietnam Service Medal with 4 bronze service stars, Republic of Vietnam Gallantry Cross with Palm Unit Citation, Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, Combat Medical Badge, and Sharpshooter Marksmanship Qualification Badge with Rifle 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)                                         AR20120002572



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ABCMR Record of Proceedings (cont)                                         AR20120002572



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