IN THE CASE OF:	  

		BOARD DATE:  21 August 2012

		DOCKET NUMBER:  AR20120004088 


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 the Combat Infantryman Badge (CIB), Army Commendation Medal (ARCOM), Bronze Star Medal (BSM), and any other awards he is authorized.

2.  The applicant states the awards are not shown on his DD Form 214 

3.  The applicant provides a DD Form 214, DA Form 20 (Enlisted Qualification Record), ARCOM and BSM citations, and orders for the BSM with "V" (valor) device.

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 on 20 May 1968 and he was awarded military occupational specialty 11B (Light Weapons Infantryman) upon completion of initial entry training.  

3.  His DA Form 20 shows in:

* item 31 (Foreign Service) he served in Vietnam from 13 October 1968 through 20 December 1969
* item 38 (Record of Assignments) he served with 2nd Battalion (Mechanized), 2nd Infantry while in Vietnam
* item 38 he received all "excellent" conduct and efficiency ratings throughout his active duty service 

4.  General and special orders confirm he was awarded the following:

* CIB
* BSM with "V" Device for actions on 27 December 1968
* BSM for the period September 1968 - December 1969
* ARCOM for the period October 1968 - October 1969
* Second Class Gunner (Sharpshooter) Marksmanship Qualification Badge with Machine Gun Bar
* Marksman Marksmanship Qualification Badge with Rifle Bar

5.  His Official Military Personnel File (OMPF) is void of any derogatory information or a unit commander's disqualification that would have precluded him from being awarded the first award of the Army Good Conduct Medal (AGCM).

6.  He was honorably released from active duty on 21 May 1966 in the rank/grade of specialist four/E-4 after completing 1 year, 11 months, and 25 days of active duty service with no time lost.  His DD Form 214 shows he earned the Vietnam Service Medal and one Overseas Service Bar.

7.  Army Regulation 600-8-22 (Military Awards) states a bronze service star is authorized with the VSM for each campaign a member is credited with participating in while in Vietnam.  A silver service star is authorized in lieu of five bronze service stars.  Appendix B of this regulation shows the campaigns for Vietnam.  During his tour in Vietnam, he participated in five campaigns:
* 
Vietnamese Counteroffensive Phase V (1 July - l November 1968)
* Vietnamese Counteroffensive Phase VI (2 November 1968 - 22 February 1969) 
* Tet 69/Counteroffensive (23 February - 8 June 1969) 
* Vietnam Summer - Fall 1969 (9 June - 31 October 1969) 
* Vietnam Winter - Spring 1970 (1 November 1969 - 30 April 1970)

8.  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 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 and there must have been no convictions by a court-martial.  

9.  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 that during his assignment to the 2nd Battalion, 2nd Infantry, it was cited for the following unit awards:

* Valorous Unit Award for the period 23-25 May 1969 by Department of the Army General Orders (DAGO) Number 50, dated 1971
* Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 5 June-6 September 1969 by DAGO Number 2, dated 1971
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period October 1965 to 7 April 1970 by DAGO Number 53, dated 1970.

DISCUSSION AND CONCLUSIONS:

1.  Orders show he was awarded the BSM (2nd award) with "V" Device and the ARCOM.  Therefore, he is entitled to correction of his DD Form 214 to show these awards. 

2.  Orders further show he was awarded the CIB, Sharpshooter Marksmanship Qualification Badge with Machine Gun Bar, and the Marksman Marksmanship Qualification Badge with Rifle Bar.  These badges should also be added to his DD Form 214.

3.  The evidence of record shows he received all "excellent" conduct and efficiency ratings throughout his active duty service.  His OMPF is void of any derogatory information or a unit commander's disqualification that would have precluded him from receiving the first award of the AGCM.  Therefore, it would be appropriate at this time to award him the AGCM (1st Award) for the period 
20 May 1968 through 21 December 1969 and to correct his DD Form 214 to show this award.

4.  He was awarded the Vietnam Service Medal; however, he participated in five campaign phases during his service in Vietnam.  Therefore, he is entitled to one silver service star for wear on his Vietnam Service Medal and correction of his DD Form 214 to show this silver service star.

5.  His unit in Vietnam was cited for awards of the Valorous Unit Award, 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 assignment.  Therefore, his DD Form 214 should be corrected 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 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 
20 May 1968 through 21 December 1969;

	c.  adding to his DD Form 214 the following:

* Bronze Star Medal (2nd award) and with "V" Device
* Army Commendation Medal
* Army Good Conduct Medal
* Combat Infantryman Badge
* Sharpshooter Marksmanship Qualification Badge with Machine Gun Bar
* Marksman Marksmanship Qualification Badge with Rifle Bar
* Vietnam Service Medal with one silver service star
* Valorous Unit Award
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal First Class 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)                                         AR20120004088



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20120004088



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1