IN THE CASE OF:	  

		BOARD DATE:	  6 September 2012

		DOCKET NUMBER:  AR20120005438 


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 reflect all awards and decorations earned, including the:

* Bronze Star Medal with 2nd Oak Leaf Cluster with "V" Device
* Army Commendation Medal with 1st Oak Leaf Cluster with "V" Device
* Purple Heart with 1st Oak Leaf Cluster
* Combat Infantryman Badge

2.  The applicant states his DD Form 214 does not list all his awards.

3.  The applicant provides:

* DD Form 214
* three orders for the Bronze Star Medal –

* General Orders Number 14235, dated 14 November 1969
* General Orders Number 15035, dated 25 November 1969
* General Orders Number 16287, dated 20 December 1969

* two orders for the Purple Heart –

* General Orders Number 13679, dated 2 November 1969
* General Orders Number 13883, dated 6 November 1969

* two orders for the Army Commendation Medal –

* General Orders Number 14729, dated 14 November 1969
* General Orders Number 2608, dated 18 February 1970

* Special Orders Number 195, dated 14 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 was inducted into the Army of the United States for 2 years on 14 March 1968.  He completed basic combat training and infantry advanced individual training at Fort Jackson, South Carolina.  In July 1968, he was transferred to Fort Benning, Georgia, to attend the Noncommissioned Officer (NCO) Candidate Course.  On 28 October 1968, he graduated from the NCO Candidate Course and was promoted to the rank of sergeant/E-5.  He was then transferred to the Republic of Vietnam (RVN).

3.  The applicant's DA Form 20 (Enlisted Qualification Record) shows he served in the RVN as an infantry squad leader with Troop C, 1st Squadron, 9th Cavalry, 1st Cavalry Division, from on or about 23 February 1969 to on or about 19 February 1970.  He was promoted to staff sergeant on 6 July 1969.  He had "excellent" conduct and efficiency ratings with no court-martial convictions.

4.  Special Orders Number 195, HQ, 1st Cavalry Division, RVN, dated 14 July 1969, awarded him the Combat Infantryman Badge.

5.  General Orders Number 13679, HQ, 1st Cavalry Division, RVN, dated 2 November 1969, awarded him the Purple Heart for wounds received in connection with military operations against a hostile force in the RVN on 30 October 1969.

6.  General Orders Number 14235, Headquarters (HQ), 1st Cavalry Division (Airmobile), Republic of Vietnam (RVN), dated 14 November 1969, awarded him the Bronze Star Medal with 1st Oak Leaf Cluster with "V" Device for heroism not involving participation in aerial flight in connection with military operations against a hostile force in the RVN on 23 October 1969.

7.  General Orders Number 14729, HQ, 1st Cavalry Division, RVN, dated 14 November 1969, awarded him the Army Commendation Medal with "V" Device for heroism in connection with military operations against a hostile force in the RVN on 30 October 1969.

8.  General Orders Number 13883, HQ, 1st Cavalry Division, RVN, dated 6 November 1969, awarded him the Purple Heart with 1st Oak Leaf Cluster for wounds received in connection with military operations against a hostile force in the RVN on 4 November 1969.

9.  General Orders Number 15035, HQ, 1st Cavalry Division (Airmobile), RVN, dated 25 November 1969, awarded him the Bronze Star Medal with 1st Oak Leaf Cluster with "V" Device (altered to show 2nd Oak Leaf Cluster) for heroism in connection with military operations against a hostile force in the RVN on 4 November 1969.

10.  General Orders Number 16287, HQ, 1st Cavalry Division (Airmobile), RVN, dated 20 December 1969, awarded him the Bronze Star Medal with 2nd Oak Leaf Cluster for meritorious service not involving participation in aerial flight in connection with military operations against a hostile force in the RVN during the period February 1969 to February 1970.

11.  General Orders Number 2608, HQ, 1st Cavalry Division, RVN, dated 18 February 1970, awarded him the Army Commendation Medal with 1st Oak Leaf Cluster for meritorious achievement in connection with military operations against a hostile force in the RVN during the period October 1969 to December 1969.

12.  The applicant was honorably released from active duty on 22 February 1970 after completing 1 year, 11 months, and 9 days of active service with 11 months and 28 days of foreign service in the RVN.  His DD Form 214 shows he was awarded or authorized the:

* RVN Gallantry Cross with Palm Unit Citation
* National Defense Service Medal
* Vietnam Service Medal
* Army Commendation Medal
* Purple Heart
* Bronze Star Medal
* RVN Campaign Medal
* one overseas service bar
* Air Medal with 6th Oak Leaf Cluster
* Expert Marksmanship Qualification Badge with Rifle Bar (M-14)
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-16)

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

	a.  During the Vietnam era, 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 the 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.  

	b.  The Vietnam Service Medal is awarded to all members of the Armed Forces of the United States for qualifying service in Vietnam after 3 July 1965 through 28 March 1973.  A bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each credited campaign.  Between 23 February 1969 and 19 February 1970, there were three named campaigns:

* Tet 69 Counteroffensive 1969 – 23 February-8 June 1969
* Vietnam Summer-Fall 1969 – 9 June-31 October 1969
* Vietnam Winter-Spring 1970 – 1 November 1969-30 April 1970

DISCUSSION AND CONCLUSIONS:
1.  The applicant requests correction of his DD Form 214 to show all of his awards and badges.

2.  The applicant's DD Form 214 shows one award of the Bronze Star Medal.  He was awarded three Bronze Star Medals in orders – two for heroism ("V" Device) and one for meritorious service.  His DD Form 214 should be corrected to show the Bronze Star Medal with 2nd Oak Leaf Cluster and with "V" Device.

3.  The applicant's DD Form 214 shows one award of the Purple Heart.  He was awarded two Purple Hearts in orders.  His DD Form 214 should be corrected to show the Purple Heart with 1st Oak Leaf Cluster.

4.  The applicant's DD Form 214 shows one award of the Army Commendation Medal.  He was awarded two Army Commendation Medals in orders – one for heroism ("V" Device) and one for meritorious service.  His DD Form 214 should be corrected to show the Army Commendation Medal with 1st Oak Leaf Cluster and with "V" Device.

5.  The applicant's DD Form 214 does not show award of the Combat Infantryman Badge.  He was awarded the Combat Infantryman Badge in orders.  His DD Form 214 should be corrected to show the Combat Infantryman Badge.

6.  The applicant was promoted to staff sergeant in under 2 years of active service and he received uniformly "excellent" conduct and efficiency ratings and no court-martial convictions.  He should be awarded the Army Good Conduct Medal (1st Award) for the period 14 March 1968 to 22 February 1970 and it should be added to his DD Form 214.

7.  The applicant was already awarded the Vietnam Service Medal.  However, he participated in three campaigns and is authorized three bronze service stars for his Vietnam Service Medal.

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:

* awarding him the Army Good Conduct Medal (1st Award) for the period 14 March 1968 to 22 February 1970
* adding the following awards to his DD Form 214 –
* Bronze Star Medal with 2nd Oak Leaf Cluster and with "V" Device
* Purple Heart with 1st Oak Leaf Cluster
* Army Commendation Medal with 1st Oak Leaf Cluster and with "V" Device
* Army Good Conduct Medal (1st Award)
* Vietnam Service Medal with three bronze service stars
* Combat Infantryman Badge



      _____________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)                                         AR20120005438



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ABCMR Record of Proceedings (cont)                                         AR20120005438



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