IN THE CASE OF:	  

		BOARD DATE:	  28 August 2012

		DOCKET NUMBER:  AR20120003282 


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) by adding the Distinguished Service Cross (DSC).

2.  He states he was awarded the DSC on 17 July 1969.  He was given the award citation as well as the medal; however, the award is not listed on his DD Form 214.

3.  The applicant provides his DD Form 214 and a citation for the DSC.

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.  He was inducted into the Army of the United States on 7 December 1967.  After completion of training, he served in military occupational specialty 11B (Light Weapons Infantryman).

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

	a.  item 31 (Foreign Service) – he served in Vietnam from June 1968 to June 1969;

	b.  item 38 (Record of Assignments) – he was assigned as follows during his service in Vietnam:

   	(1)  23d Adjutant General Administration Company Replacement Detachment from 12 to 20 June 1968 as a student and

		(2)  Company C, 3d Battalion, 1st Infantry Regiment, 11th Infantry Brigade, from 21 June 1968 to 2 June 1969 as an automatic rifleman and squad leader;

	c.  item 38 – he received all "excellent" conduct and efficiency ratings throughout his service; and

	d.  item 41 (Awards and Decorations) – he was awarded the DSC for actions on 15 March 1969.

4.  A review of the Awards and Decorations Computer-Assisted Retrieval System, an index of general orders issued during the Vietnam era between 1965 and 1973 maintained by the U.S. Army Human Resources Command Military Awards Branch, revealed Headquarters, U.S. Army Vietnam, General Orders Number 2708, dated 17 July 1969, which awarded him the DSC for extraordinary heroism involving a hostile force on 15 March 1969.

5.  On 5 December 1969, he was honorably released from active duty and transferred to the U.S. Army Reserve Control Group (Annual Training) for completion of his Reserve obligation.  His DD Form 214 shows he was awarded the following:

* Bronze Star Medal
* Purple Heart (2nd Award)
* Combat Infantryman Badge
* Vietnam Service Medal (VSM)
* National Defense Service Medal
* Republic of Vietnam (RVN) Campaign Medal with Device (1960)

6.  His record is void of documentation showing he was recommended for or awarded the Army Good Conduct Medal (AGCM).  His record is also void of any derogatory information or a commander's disqualification that would serve to disqualify him for this award.

7.  Army Regulation 672-5-1 (Awards and Decorations), in effect at the time, provided that the AGCM was awarded to individuals who completed a qualifying period of active duty enlisted service.  This period was 3 years, except in those cases when the period for the first award ended 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.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in Vietnam.  This pamphlet shows that during the period of his assignment with Company C, 3d Battalion, 1st Infantry Regiment, 11th Infantry Brigade, his unit was awarded the following:

* Valorous Unit Award (VUA) by Department of the Army General Orders (DAGO) Number 43, dated 1970
* RVN Gallantry Cross with Palm Unit Citation by DAGO Number 2, dated 1971

9.  Department of the Army Pamphlet 672-3 also lists campaign periods for the Vietnam era.  Four designated campaigns coincide with his period of service in Vietnam:

* Vietnam Counteroffensive Phase IV (2 April 1968-30 June 1968)
* Vietnam Counteroffensive Phase V (1 July 1968-1 November 1968)
* Vietnam Counteroffensive Phase VI (2 November 1968-22 February 1969)
* Tet 69 Counteroffensive 1969 (23 February 1969-8 June 1969)

10.  Army Regulation 600-8-22 (Military Awards) states a bronze service star based on qualifying service for each campaign listed in appendix B will be worn on the appropriate service medal.

DISCUSSION AND CONCLUSIONS:

1.  General orders awarded the applicant the DSC for heroic actions on 15 March 1969.  As a result, he is entitled to correction of his DD Form 214 to add this award.

2.  His record shows he served honorably during the period 7 December 1967 through 5 December 1969 and received "excellent" conduct and efficiency ratings throughout his service.  There is no evidence of any derogatory information or a commander's disqualification that would have precluded award of the AGCM.  Therefore, it would be appropriate to award him the AGCM (1st Award) and to correct his DD Form 214 to show this award.

3.  Records show he participated in four campaigns during his service in Vietnam.  Therefore, he is entitled to four bronze service stars with his VSM and correction of his DD Form 214 to show these service stars.

4.  General orders awarded his unit the VUA and RVN Gallantry Cross with Palm Unit Citation.  Therefore, it would be appropriate to correct 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:

The Board determined the evidence presented is 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) for the period 7 December 1967 through 5 December 1969,

	b.  deleting award of the VSM from his DD Form 214, and

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

* DSC
* AGCM (1st Award)
* VSM with four bronze service stars


* VUA
* RVN Gallantry Cross with Palm Unit Citation 



      ______________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)                                         AR20120003282



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ABCMR Record of Proceedings (cont)                                         AR20120003282



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