IN THE CASE OF:	  

		BOARD DATE:	  28 August 2012

		DOCKET NUMBER:  AR20120003038 


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 award of the Silver Star.

2.  The applicant states his DD Form 214 does not reflect his award of the Silver Star.

3.  The applicant provides:

* a copy of his DD Form 214
* General Orders Number 5142, issued by Headquarters, 4th Infantry Division, dated 5 August 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 in Minneapolis, MN on 30 January 1968.  He completed his basic training at Fort Campbell, KY and his advanced individual training at Fort Polk, LA.  He was awarded military occupational specialty 11B (light weapons infantryman).  He was transferred to Vietnam on 6 July 1968 for assignment to Company D. 1st Battalion,
12th Infantry Regiment, 4th Infantry Division.

3.  He was promoted to the rank/grade of sergeant (SGT)/E-5 on 21 May 1969 and on 2 July 1969 he departed Vietnam en route to his next assignment at Fort Polk as an instructor.

4.  General Orders Number 5142, dated 5 August 1969, awarded the applicant the Silver Star for gallantry in action in Vietnam on 5 June 1969.

5.  On 19 November 1969, he was honorably released from active duty (REFRAD) to attend school.  He completed 1 year, 9 months, and 20 days of total active service.  The DD Form 214 he was issued at the time of his REFRAD shows he was awarded the:

* National Defense Service Medal
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* Combat Infantryman Badge
* Army Commendation Medal
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)
* Expert Marksmanship Qualification Badge with Rifle Bar (M-16)
* First Class Gunner (Sharpshooter Marksmanship Qualification) Badge with Machinegun Bar (M-60)

6.  A review of his record shows he had all "excellent" conduct and efficiency ratings throughout his service.  His record is void of any derogatory information that would serve to disqualify him for the first award of the Army Good Conduct Medal.

7.  Army Regulation 672-5-1 (Awards), in effect at the time, stated the Army Good Conduct Medal was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940; for 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.  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, 1969 (23 February - 8 June 1969)
* Vietnam Summer - Fall 1969 (9 June - 31 October 1969)

9.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows that during the applicant's assignment his unit was cited for award of the:

* Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period October 1966 through 28 July 1969 by Department of the Army General Orders (DAGO) Number 3, dated 1970
* 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

DISCUSSION AND CONCLUSIONS:

1.  General orders awarded the applicant the Silver Star for gallantry in action in the Republic of Vietnam on 5 June 1969.  Therefore, his DD Form 214 should be corrected to show this award.

2.  A review of the applicant's record shows he received all "excellent" conduct and efficiency ratings throughout his service.  His record does not contain any derogatory information that would serve to disqualify him for the first award of the Army Good Conduct medal.  Therefore, it appears the failure to award him the first award of the Army Good Conduct Medal was the result of an administrative error.  Accordingly, it would be in the interest of justice to award him the Army 


Good Conduct Medal (1st Award) for the period 30 January 1968 through
19 November 1969 and to correct his DD Form 214 to show this award.

3.  Evidence shows the applicant participated in four campaigns during his service in 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 bronze service stars.

4.  The applicant's unit in Vietnam was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation during his period of service in Vietnam.  Therefore, he is entitled to correction of his DD Form 214 to show these unit awards.

BOARD VOTE:

___x____  ___x____  ____x____  GRANT FULL RELIEF 

________  ________  ________  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 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
30 January 1968 through 19 November 1969; and

	c.  adding to his DD Form 214 the:

* Silver Star
* Army Good Conduct Medal (1st Award)
* Vietnam Service Medal with four bronze service stars
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation


2.  The Board wants the applicant and all others to know that the sacrifices he made in service to the United States during the Vietnam War are deeply appreciated.  The applicant and all Americans should be justifiably proud of his service in arms.




      ____________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)                                         AR20120003038



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ABCMR Record of Proceedings (cont)                                         AR20120003038



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