IN THE CASE OF:	  

		BOARD DATE:  7 August 2012

		DOCKET NUMBER:  AR20120002765 


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 the Distinguished Service Cross (DSC) and Purple Heart (PH) be added to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).  

2.  The applicant states the DSC and PH he received in the Republic of Vietnam (RVN), along with the “V” (Valor) Device and all Oak Leaf Clusters for his Bronze Star Medal (BSM), were omitted from the DD Form 214.  

3.  The applicant provides DSC, PH, and BSM with “V” Device orders.  

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’s record shows he was inducted into the Army on 4 April 1968, and was trained in and awarded military occupational specialty (MOS) 91B (Medical Specialist).  He was promoted to specialist five/E-5 (SP5/E-5) on 
1 March 1969, and this was the highest rank he held on active duty.  

3.  The applicant’s DA Form 20 (Enlisted Qualification Record) shows he served in the RVN from 7 October 1968 through 30 July 1969.  Item 38 (Record of Assignments) shows that during his RVN tour, he was assigned to Headquarters and A Company, Medical Battalion, 9th Infantry Division, performing duties in MOS 91B as a medical corpsman (medic).   Item 38 also shows he received “excellent” conduct and efficiency ratings. 

4.  The list of earned awards in item 41 (Awards and Decorations) of the DA Form 20 includes the DSC, BSM with “V” Device 5th Oak Leaf Cluster (6th Award), Expert Marksmanship Qualification Badge with Rifle (M-16) Bar, and Sharpshooter Marksmanship Qualification Badge with Rifle (M-14) Bar.  

5.  The applicant’s Military Personnel Records Jacket (MPRJ) contains the following award orders issued on the dates and authorizing the awards indicated:

* Headquarters, United States Army Vietnam (USARV) General Orders (GO) Number (#) 3293, dated 26 August 1969, DSC for heroism in action in the RVN on 25 March 1969
* Headquarters, 9th Infantry Division GO # 3556, dated 25 March 1969, BSM with “V” Device for heroism in action in the RVN on 23 December 1968
* Headquarters, 9th Infantry Division GO # 8994, dated 7 July 1969, BSM with “V” 1st Oak Leaf Cluster (OLC) for heroism in action in the RVN on 
1 June 1969
* Headquarters, 9th Infantry Division GO #5906, dated 23 May 1969, BSM with “V” Device 2nd OLC for heroism in the RVN on 12 May 1969
* Headquarters, 9th Infantry Division GO # 9349, dated 8 July 1969, BSM 2nd OLC  for meritorious service in the RVN for the period October 1968-July 1969
* Headquarters, 9th Infantry Division GO # 5883, dated 23 May 1969, BSM 2nd OLC  for meritorious achievement in the RVN for the period 12 March 1969-11 May 1969
* Headquarters, 9th Infantry Division GO # 7372, dated 24 June 1969, BSM with “V” Device 3rd OLC, for heroism in action in the RVN on 23 March 1969
* Headquarters, 9th Infantry Division GO # 8414, dated 3 July 1969, BSM with “V” Device 4th OLC for heroism in action in the RVN on 23 December 1969
* Headquarters, 9th Infantry Division GO # 8316, dated 3 July 1969, BSM with “V” Device 5th OLC for heroism in action in the RVN on 10 April 1969
* Headquarters, 9th Infantry Division GO # 1171, dated 2 February 1969, Army Commendation Medal (ARCOM) for meritorious achievement during the period 5 December 1968-15 January 1969
* Headquarters, 9th Infantry Division GO # 3354, dated 20 March 1969, ARCOM with “V” Device for heroism in action in the RVN on 24 January 1969
* Headquarters, 9th Infantry Division GO # 4451, dated 13 April 1969, ARCOM 2nd OLC, for meritorious achievement on 11 March 1969
* Headquarters, 3rd Brigade, 9th Infantry Division GO # 14, dated 
13 September 1969, PH for being wounded in action in the RVN on 
12 January 1969

6.  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 4 January 1970, the applicant was honorably released from active duty, in the grade of SP5/E-5, after completing 1 year, 9 months, and 1 day of active military service.  The DD Form 214 he was issued lists the following awards:

* National Defense Service Medal
* Vietnam Service Medal (VSM)
* RVN Campaign Medal (RVNCM)
* ARCOM with “V” Device
* Combat Medical Badge
* BSM

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 assignment in the RVN, participation credit was granted for the following four campaigns:

* Vietnam Counteroffensive Phase V (1 July-1 November 1968)
*  Vietnam Counteroffensive Phase VI (2 November 1968-2 February 1969)
* TET 69 Counteroffensive (23 February-8 June 1969)
* Vietnam Summer-Fall 1969 (9 June-31 October 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) establishes the eligibility of individual members for campaign participation credit, assault landing credit, and unit citation badges awarded during the Vietnam Conflict.  It shows that during his assignment tenure, the applicant's unit (HHC & A Company, 9th Medical Battalion) was cited for the RVN Gallantry Cross (RVNGC) with Palm Unit Citation for the period January to June 1969 by DAGO 59, dated 1969 and the RVN Civil Actions Honor Medal (RVNCAHM) First Class (FC) Unit Citation for the period 19 December 1966 through 28 June 1969 by DAGO 59, dated 1969.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s request to add the DSC, PH and additional BSMs to his DD Form 214 has been carefully considered and found to have merit.  The evidence of record confirms the applicant was awarded the DSC, BSM (8th Award) and with “V” Device, and PH as evidenced by orders on file in the MPRJ, as corroborated by certificates provided by the applicant.  Therefore, these awards should be added to his DD Form 214.  

2.  Further, although one award of the ARCOM with “V” Device is listed on his DD Form 214, the applicant’s MPRJ contains three separate award orders for the ARCOM.  Therefore, it would be appropriate to correct the ARCOM entry on his DD Form 214 to read ARCOM (3rd Award) and with “V” Device.  

3.  In addition, the DA Form 20 contains entries showing the applicant earned the Expert Marksmanship Qualification Badge with Rifle (M-16) Bar and Sharpshooter Marksmanship Qualification Badge with Rifle (M-14) Bar; however, these badges were omitted from his DD Form 214.  Therefore, they should be added accordingly.    

4.  The record confirms the applicant received all “excellent” conduct and efficiency ratings and his MPRJ is void of derogatory information or a unit 


commander disqualification that required disqualification for the AGCM.  Therefore, it would be appropriate and serve the interest of justice and equity to award him the first award of the AGCM for his qualifying period of honorable active duty service from 4 April 1968 through 4 January 1970, and to add this award to his record and DD Form 214. 

5.  The evidence of record also shows that based on the applicant’s service and campaign participation in the RVN, he is eligible for the RVNGC with Palm Unit Citation, RVNCAHM FC Unit Citation, and 4 bronze service stars with his VSM.  

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 awarding him the first award of the Army Good Conduct Medal for his qualifying honorable active duty service from 4 April 1968 through 4 January 1970 and by amending his DD Form 214 by deleting the current Vietnam Service Medal, Bronze Star Medal, and Army Commendation Medal entries and adding the following awards:

* Distinguished Service Cross
* Bronze Star Medal (8th Award) and with “V” Device 
* Purple Heart 
* Army Commendation Medal (3rd Award) and with “V” Device 
* 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


* Expert Marksmanship Qualification Badge with Rifle (M-16) Bar
* Sharpshooter Marksmanship Qualification Badge with Rifle (M-14) 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)                                         AR20120002765



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ABCMR Record of Proceedings (cont)                                         AR20120002765



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