IN THE CASE OF:	  

		BOARD DATE:  26 July 2012

		DOCKET NUMBER:  AR20120002668 


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 Purple Heart, Bronze Star Medal (BSM), and Air Medal (AM).  

2.  He states he received the awards, and he believes his DD Form 214 should be accurate.  

3.  He provides his DD Form 214 and certificates for the above awards.

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 31 July 1969, the applicant enlisted in the Regular Army for a period of 2 years.  After completing initial entry training, he was awarded military occupational specialty 11B (Light Weapons Infantryman) and assigned to Vietnam.  

3.  His DA Form 20 (Enlisted Qualification Record) shows in:

   a.  item 31 (Foreign Service) he was credited with service in Vietnam from 
10 January through 2 December 1970; 

   b.  item 38 (Record of Assignments) he was assigned to duty in Vietnam with Company D, 3d Battalion, 1st Infantry, 11th Infantry Brigade, from 24 January to 28 November 1970; and

   c.  item 38 he received "excellent" conduct and efficiency ratings. 

4.  Headquarters, 23d Infantry Division (also known as the Americal Division) issued the following orders pertaining to the applicant:

	a.  General Orders (GO) Number 1452, dated 12 February 1970, awarded him the Purple Heart for wounds received on 11 February 1970;

	b.  GO Number 16317, dated 18 December 1970, awarded him the BSM for meritorious service during the period January to December 1970; and

	c.  GO Number 190, dated 7 January 1971, awarded him the AM for meritorious achievement while participating in aerial flight during the period 
11 February to 6 November 1970.

5.  On 30 July 1971, he was honorably released from active duty after completing 2 years of total active service.  His DD Form 214 shows he was awarded or authorized the following:  

* National Defense Service Medal
* Combat Infantryman Badge
* Republic of Vietnam (RVN) Campaign Medal with Device (1960)
* Army Commendation Medal
* Vietnam Service Medal (VSM)
* One Overseas Service Bar
* Marksman Marksmanship Qualification Badge (M-16)


6.  A review of his record indicates entitlement to additional awards not listed on his DD Form 214.

7.  Army Regulation 672-5-1 (Awards), in effect at the time, stated the Army Good Conduct Medal (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.  

8.  His record is void of documentation showing he was the subject of any disciplinary actions or that he received a commander's disqualification for award of the AGCM.

9.  Army Regulation 600-8-22 (Military Awards) states a bronze service star is worn on the appropriate service ribbon for each credited campaign, to include the VSM.  The Vietnam campaigns are listed in appendix B.  His record shows his service in Vietnam coincided with three campaigns:

* Vietnam Winter - Spring 1970 (1 November 1969 - 30 April 1970)
* Sanctuary Counteroffensive (1 May - 30 June 1970)
* Vietnam Counteroffensive Phase VII (1 July 1970 - 30 June 1971)

10.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam.  The pamphlet shows the 3d Battalion, 1st Infantry, was cited for award of the RVN Gallantry Cross with Palm Unit Citation for the period 31 March to 30 June 1970, by Department of the Army GO 42, dated 1972.

11.  Army Regulation 670-1 (Uniforms and Insignia) governs the requirements for the Overseas Service Bar.  It states a bar is authorized for wear for each period of active Federal service as a member of the U.S. Army outside of the continental limits of the United States for the specific time frames and areas of operation cited in Army Regulation 670-1 or appropriate Department of the Army message.  For Vietnam service, one overseas service bar was authorized for each period of 6 months active Federal service as a member of a U.S. Service in Vietnam from 1 July 1958 to 28 March 1973.  Both the month of arrival and the month of departure from Vietnam were counted as whole months for credit toward the overseas service bar.



DISCUSSION AND CONCLUSIONS:

1.  GO's awarded the applicant the Purple Heart, BSM, and AM.  Therefore, he is entitled to correction of his DD Form 214 to show these awards.  

2.  He received "excellent" conduct and efficiency ratings during his service and there is no record of a commander's disqualification for award of the AGCM.  In light of his overall record of service, it would be appropriate to award him the AGCM (1st Award) based on completion of a qualifying period of active Federal service from 31 July 1969 to 30 July 1971 and correction his DD Form 214 to show this award.

3.  He was awarded the VSM and he participated in three campaigns while serving in Vietnam.  Therefore, he is entitled to correction of his DD Form 214 to show three bronze service stars for wear on the previously-awarded VSM.

4.  He was assigned to a unit in Vietnam during a period for which the unit was cited for award of the RVN Gallantry Cross with Palm Unit Citation.  Therefore, he is entitled to correction of his DD Form 214 to show this unit award.

5.  His DD Form 214 shows one Overseas Service Bar; however, he met the eligibility criteria for wear of two Overseas Service Bars and his DD Form 214 should be amended accordingly.

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 AGCM (1st Award) based on completion of a qualifying period of active Federal service from 31 July 1969 to 30 July 1971;

	b.  deleting the VSM from his DD Form 214; and

	c.  adding the following awards to his DD Form 214:

* BSM
* Purple Heart
* AM
* AGCM (1st Award)
* VSM with three bronze service stars
* RVN Gallantry Cross with Palm Unit Citation
* Two Overseas Service Bars



      __________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)                                         AR20120002668



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ABCMR Record of Proceedings (cont)                                         AR20120002668



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