BOARD DATE:	  21 August 2012

		DOCKET NUMBER:  AR20120003472 


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 (Certificate of Release or Discharge from Active Duty) for the period ending 30 November 1987 to show his Silver Star and the Meritorious Service Medal.

2.  The applicant states these awards are not listed on his DD Form 214.

3.  The applicant provides:

* a self-authored letter to the National Personnel Records Center (NPRC),
St. Louis, MO, dated 21 October 2011
* General Orders Number 2249, issued by Headquarters, 1st Infantry Division, dated 31 March 1969
* Permanent Orders 42-2, issued by Headquarters, TRADOC Test and Experimentation Command, Fort Hood, TX, dated 16 November 1987
* Meritorious Service Medal Certificate, dated 16 November 1987
* DD Forms 214 (Armed Forces of the United States Report of Transfer or Discharge) for the period ending 19 February 1964, 19 February 1967, and 1 February 1973
* DD Form 214 (Report of Separation from Active Duty) for the period ending 25 February 1979
* DD Form 214 for the period ending 30 November 1987
* Orders 23-24, issued by Headquarters, U.S. Army Armor Center, Fort Knox, KY, dated 3 February 1982


* Orders 168-275, issued by Headquarters, 7th Infantry Division, Fort Ord, CA, dated 2 September 1987

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 20 February 1961.  He trained as an infantryman and he remained on active duty through continuous reenlistments.  He arrived in Vietnam on 28 January 1968.  He was assigned to B Troop, 1st Squadron, 4th Cavalry, 1st Infantry Division in Vietnam from 19 February 1968 to 13 January 1969.  He served his second tour in Vietnam from 6 September 1970 to 3 September 1971 while assigned to the U.S. Military Assistance Command.

3.  On 30 November 1987, he retired for length of service.  He completed 26 years, 9 months, and 11 days of creditable active service.  He retired in the rank/grade of sergeant major (SGM)/E-9.  The DD Form 214 he was issued at the time shows award of the:

* Bronze Star Medal
* Army Commendation Medal
* Army of Occupation Medal (Berlin)
* Army Good Conduct Medal (7th Award)
* Purple Heart with First Oak Leaf Cluster
* National Defense Service Medal
* Armed Forces Expeditionary Medal (Berlin)
* Vietnam Service Medal
* Noncommissioned Officer Professional Development Ribbon with
Numeral "3"
* Army Service Ribbon


* "Vietnam Cross of Gallantry with Palm"
* Republic of Vietnam Campaign Medal with Device (1960)
* Drill Sergeant Identification Badge
* Expert Marksmanship Qualification Badge with Rifle Bar (M-16)
* Overseas Service Ribbon

4.  General Orders Number 2249, dated 31 March 1969, awarded the applicant the Silver Star for gallantry in action in the Republic of Vietnam on 1 November 1968.

5.  Permanent Orders 42-2, dated 16 November 1987, awarded the applicant the Meritorious Service Medal for meritorious service during the period 30 December 1977 to 30 November 1987.

6.  Records show he qualified:

* expert with the M-14 rifle
* sharpshooter with the 106mm recoilless rifle
* marksman with the 81mm mortar

7.  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.  A silver service star will be worn in lieu of five bronze service stars.  Appendix B shows that during his service in Vietnam, the applicant participated in the following seven campaigns:

* Vietnam Counteroffensive Phase III (1 June 1967 - 29 January 1968)
* Tet Counteroffensive (30 January - 1 April 1968)
* Vietnam Counteroffensive Phase IV (2 April - 30 June 1968)
* Vietnam Counteroffensive Phase V (1 July - 1 November 1968)
* Vietnam Counteroffensive Phase VI (2 November 1968 - 22 February 1969)
* Vietnam Counteroffensive Phase VII (1 July 1970 - 30 June 1971)
* Consolidation I (1 July - 30 November 1971)

8.  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:

	a.  shows the 1st Squadron, 4th Cavalry, 1st Infantry Division, was cited for award of the:


* Valorous Unit Award for the period 31 January through 31 May 1968 by Department of the Army General Orders (DAGO) Number 31, dated 1969
* Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 12 July 1965 through 16 October 1968 by DAGO Number 21, dated 1969
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period October 1965 through 7 April 1970 by DAGO Number 53, dated 1970

	b.  states in paragraph 6d, that DAGO Number 8, dated 1974, announced award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to Headquarters, U.S. Military Assistance Command and its subordinate units during the period 8 February 1962 through 28 March 1973.

	c.  states in paragraph 6 (Miscellaneous Information) that not more than one award of the Republic of Vietnam Gallantry Cross Unit Citation may be worn by any individual.  Although wear of multiple awards of this unit citation badge is not authorized, official military personnel and historical records will indicate all awards received.

9.  Army Regulation 635-5 (Personnel Separations - Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It establishes standardized policy for the preparation of the DD Form 214.  It states that awards and decorations for all periods of service in the priority sequence specified in Army Regulation 600-8-22 will be entered on the DD Form 214.

DISCUSSION AND CONCLUSIONS:

1.  General orders awarded him the Silver Star for gallantry in action in Vietnam on 1 November 1968.  Therefore, his DD Form 214 for the period ending
30 November 1987 should be corrected to show this award.

2.  Permanent orders awarded him the Meritorious Service Medal for meritorious service during the period 30 December 1977 to 30 November 1987.  Therefore, his DD Form 214 for the period ending 30 November 1987 should be corrected to show this award.

3.  He participated in seven campaigns during his two tours of duty in Vietnam that entitles him to one silver service star and two bronze service stars for wear on his already-awarded Vietnam Service Medal.  Therefore, his DD Form 214 for the period ending 30 November 1987 should be corrected to show these service stars.

4.  His units in Vietnam were cited for award of the Valorous Unit Award, Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, and two awards of the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  Therefore, his DD Form 214 for the period ending 30 November 1987 should be corrected to show these unit awards.

5.  Records show he qualified with expert with the M-14 rifle, sharpshooter with the 106mm recoilless rifle, and marksman with the 81mm mortar.  Therefore, his DD Form 214 for the period ending 30 November 1987 should be corrected to show these weapons qualifications.

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 for the period ending 30 November 1987 the Vietnam Service Medal and the "Vietnam Cross of Gallantry with Palm," and

	b.  adding to his DD Form 214 for the period ending 30 November 1987 the:

* Silver Star
* Meritorious Service Medal
* Vietnam Service Medal with one silver service star and two bronze service stars
* Valorous Unit Award
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
(2nd Award)


* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation
* Expert Marksmanship Qualification Badge with Rifle Bar (M-14)
* Sharpshooter Marksmanship Qualification Badge with Recoilless Rifle Bar (106mm recoilless rifle)
* Marksman Marksmanship Qualification Badge with Mortar Bar (81mm mortar)



      _________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)                                         AR20120003472



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20120003472



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1