IN THE CASE OF:	  

		BOARD DATE:	  9 August 2012

		DOCKET NUMBER:  AR20120002902 


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, in effect, correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show the following awards:

* Army Commendation Medal
* Air Medal (fourth oak leaf cluster)
* Vietnam Service Medal with 2 bronze service stars

2.  The applicant states when he requested his records from the National Personnel Records Center, none of these awards were listed. 

3.  The applicant provides:

* DD Form 214
* General Orders Number 3096, dated 16 June 1969
* General Orders Number 3941, dated 10 July 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 enlisted in the Regular Army on 3 January 1967.  He completed basic combat and advanced individual training and he was awarded military occupational specialty 11B (Light Weapons Infantryman).  The highest rank/grade he attained during this period of service was specialist four (SP4)/E-4.  He served in the Republic of Vietnam from 21 July 1968 to 8 August 1969 and was assigned to Troop D, 2nd Squadron, 1st Cavalry Regiment, 4th Infantry Division.  On 12 November 1968, he was further assigned to Company C,        1st Battalion, 22nd Infantry Regiment, 4th Infantry Division.  

3.  General Orders Number 3096, issued by Headquarters, 4th Infantry Division, dated 16 June 1969, awarded him the Army Commendation Medal for the period  June 1968 to June 1969.

4.  General Orders Number 3941, issued by Headquarters, 4th Infantry Division, dated 10 July 1969, awarded him the Air Medal (first through fourth oak leaf clusters) for the period 7 September 1968 to 29 December 1968.

5.  Item 38 of his DA Form 20 (Enlisted Qualification Record) shows he received "excellent" conduct and efficiency ratings throughout his service.  His record does not contain a record of a commander's disqualification for award of the Army Good Conduct Medal. 

6.  He was honorably released from active duty on 8 August 1969 and transferred to the U.S. Army Reserve Control Group (Reinforcement) to complete his remaining service obligation.  His DD Form 214 shows the:

* National Defense Service Medal
* Expert Marksmanship Qualification Badge with Automatic Rifle Bar (M-14)
* Sharpshooter Marksmanship Qualification Badge with Machine Gun       Bar (M-60)
* Expert Marksmanship Qualification Badge with Grenade Launcher        Bar (M-79)
* Expert Marksmanship Qualification Badge with Rifle Bar (M-16)
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* 2 Overseas Bars
* Combat Infantryman Badge
7.  Army Regulation 672-5-1 (Awards), in effect at the time, provides that the Army Good Conduct Medal is awarded to individuals who have completed a qualified period of active duty enlisted service.  This period is 3 years except in those cases when the period for the first award ends 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.

8.  Army Regulation 600-8-22 (Military Awards) provides Department of the Army policy, criteria, and administrative instructions concerning individual military decorations, Army Good Conduct Medal, service medals and ribbons, combat and special skill badges and tabs, unit decorations, and trophies, and similar devices awarded in recognition of accomplishments.  

9.  It states the Air Medal is awarded in time of war for heroism and for meritorious achievement or service while participating in aerial flight.  This award is primarily intended for personnel on flying status but may also be awarded to those personnel whose combat duties require them to fly; for example, personnel in the attack elements of units involved in air-land assaults against an armed enemy.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.  It further states Arabic numerals are now used instead of oak leaf clusters for the second and succeeding awards of the Air Medal.  The numeral 2 denotes the second award of the Air Medal.

10.  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 1st Battalion, 22nd Infantry Regiment,              4th Infantry Division, the unit to which the applicant was assigned, was cited for award of the:

	a.  Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period
1 August 1965 through 16 April 1971 by Department of the Army General Order (DAGO) Number 54, dated 1974;

	b.  Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 1 October 1966 through 31 October 1969 by DAGO Number 53, dated 1970.

11.  Army Regulation 600-8-22, paragraph 2-13, contains the regulatory guidance on the Vietnam Service Medal.  It states that a bronze service star is authorized with this award for each Republic of Vietnam campaign a member is credited with participating in.  

Appendix B shows that during his service in the Republic of Vietnam, the applicant participated in the following four campaigns:

* Vietnam Counteroffensive Phase V
* Vietnam Counteroffensive Phase VI
* Tet 69 Counteroffensive, 1969 
* Vietnam Summer - Fall 1969 

DISCUSSION AND CONCLUSIONS:

1.  General orders awarded him the Army Commendation Medal and the Air Medal (fourth oak leaf cluster).  For the Air Medal, Arabic numerals are now used in lieu of oak leaf clusters with Numeral 2 denoting the second award.  Therefore, he is entitled to the Air Medal with Numeral 5 and correction of his DD Form 214 to show these awards.

2.  The evidence of record confirms he served honorably during the period 3 January 1967 through 8 August 1969.  He completed his tour in the Republic of Vietnam, he received "excellent" conduct and efficiency ratings throughout his service, and he attained the rank/grade of SP4/E-4.  His record does not contain any 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) based on his completion of a qualifying period of Federal military service from 3 January    1967 through 8 August 1969 and to correct his DD Form 214 to show this award.

3.  The applicant's unit in the Republic of Vietnam was awarded multiple unit awards during his period of assignment.  Therefore, his DD Form 214 should be corrected to show the Republic of Vietnam Gallantry Cross with Palm Unit Citation and Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.

4.  Records show the applicant participated in four campaign phases during his service in the Republic of 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 service stars.







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
3 January 1967 through 8 August 1969; and

	c.  adding to his DD Form 214 the:

* Army Commendation Medal
* Air Medal with Numeral 5
* Army Good Conduct Medal (1st Award)
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation
* Vietnam Service Medal with 4 bronze service stars




      _________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)                                         AR20120002902



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ABCMR Record of Proceedings (cont)                                         AR20120002902



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