IN THE CASE OF:	  

		BOARD DATE:	  18 September 2012

		DOCKET NUMBER:  AR20120005519 


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 an oak leaf cluster (OLC) with his Purple Heart (PH) and Bronze Star Medal (BSM), the Republic of Vietnam (RVN) Campaign Medal, credit for his participation in the Tet 69 Counteroffensive 1969 campaign, and the Combat Infantryman Badge (CIB).

2.  The applicant states awards and decorations were inadvertently omitted from his DD Form 214 at the time of his discharge.

3.  The applicant provides:

* page 4 of his DA Form 20 (Enlisted Qualification Record)
* CIB, PH with 1st OLC, and BSM with 1st OLC orders
* DD Form 214

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's military records are not available to the Board for review.  A fire destroyed approximately 18 million service members' records at the National Personnel Records Center (NPRC) in 1973.  It is believed his records were lost or destroyed in that fire.  This case is being considered primarily using the DD Form 214 and other evidence provided by the applicant.

3.  The applicant's DD Form 214 shows he was inducted into the Army of the United States on 13 May 1968.  He was trained in, awarded, and served in military occupational specialty 11B (Light Weapons Infantryman).

4.  His DD Form 214 shows he completed 1 year, 10 months, and 24 days of creditable active duty service of which 11 months and 11 days was foreign service with no lost time.

5.  The applicant's DD Form 214 shows he was promoted to the rank of staff sergeant (SSG)/E-6 on 4 June 1969.  His DD Form 214 also shows he earned the following awards:

* National Defense Service Medal
* Vietnam Service Medal
* Vietnam Campaign Medal
* BSM
* PH
* Army Commendation Medal 

6.  On 6 April 1970, the applicant was honorably released from active duty and transferred to the U.S. Army Reserve.  Item 30 (Remarks) of his DD Form 214 shows he served in the RVN from 23 April 1969 through 4 April 1970.

7.  The applicant provides three orders published by Headquarters, 25th Infantry Division, dated between 22 May 1969-25 February 1970.  These orders confirm his assignment to Company A, 2nd Battalion, 22nd Infantry Regiment, during his RVN service and announce the following awards on the dates indicated:

* Special Orders (SO) Number 142, dated 22 May 1969, CIB
* General Orders (GO) Number 1557, dated 25 December 1969, PH with 1st OLC
* GO Number 2318, dated 25 February 1970, BSM with 1st OLC

8.  The applicant provides page 4 of his DA Form 20.  This document includes the following entries in the items indicated:

* item 39 (Campaigns) – "Tet 69 Counteroffensive"

* item 40 (Wounds) – "BURN:  (R) Arm, 5 SEP 69" and "FW:  (R) Forearm, 18 DEC 69"

* item 41 (Awards and Decorations) –

* NDSM
* VSM
* CIB
* PH
* BSM
* PH with 1st OLC
* RVN Campaign Medal with Device (1960)
* ARCOM
* two overseas service bars
* BSM with 1st OLC
* Sharpshooter Marksmanship Qualification Badge

* item 41 (Signature of Individual (Name, Grade, and Date)) – the applicant's signature, dated 11 December 1969

9.  Army Regulation 600-8-22 (Military Awards) prescribes the Army's awards policy.

	a.  Paragraph 2-13 contains guidance on the VSM and states that a bronze service star is authorized with this award for participation in each Vietnam campaign a member is credited with.  Appendix B shows that during his service in Vietnam participation credit was awarded for the following campaigns:

* Tet 69 Counteroffensive 1969
* Vietnam Summer-Fall 1969
* Vietnam Winter-Spring 1970

	b.  Paragraph 6-3 contains guidance on OLC's.  It states an OLC is issued to denote award of second and succeeding awards of decorations.


	c.  Paragraph 9-13 contains guidance on award of the RVN Campaign Medal with Device (1960).  It is award is authorized for members who served in the RVN for 6 months or more during the period 1 March 1961 through 28 March 1973.

10.  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 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.

11.  Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) establishes the eligibility of individual members for campaign participation credit, assault landing credit, and unit citation badges awarded during the Vietnam Conflict.  During the applicant's tenure of assignment in the RVN, his unit (Company A, 2nd Battalion, 22nd Infantry Regiment) was awarded the RVN Gallantry Cross with Palm Unit Citation and RVN Civil Actions Honor Medal First Class Unit Citation.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends his DD Form 214 should be corrected to reflect additional awards that were previously omitted.

2.  The evidence includes orders confirming he was awarded the BSM with 1st OLC, PH with 1st OLC, and CIB.  His DA Form 20 also shows his receipt of these three awards which are not currently shown on his DD Form 214.  Therefore, it would be appropriate to add these awards to his DD Form 214.

3.  By regulation, the AGCM is awarded to individuals who distinguish themselves by their conduct, efficiency, and fidelity during a qualifying period of active duty enlisted service.  Although the applicant's records were apparently destroyed in the 1973 National Personnel Record Center fire, his DD Form 214 confirms he was promoted to the rank of SSG after completing 1 year of active duty service; two BSM's, two PH's, an ARCOM, and a CIB are among his earned awards; he had no lost time; and the characterization of his service was honorable.  Therefore, any reasonable doubt concerning his eligibility for the AGCM should be resolved in his favor.  As a result, it would be appropriate to award him the AGCM for his qualifying period of honorable active duty service from 13 May 1968 through 6 April 1970 and to add this award to his DD Form 214 at this time.

4.  By regulation, a bronze service star is added to the VSM for each campaign a member participated in while serving in the RVN.  Based on the applicant's participation in the Tet 69 Counteroffensive 1969, Vietnam Summer-Fall 1969, and Vietnam Winter-Spring 1970 campaigns during his service in the RVN, three bronze service stars should be added to his already-awarded VSM at this time.

5.  The applicant's DA Form 20 shows he was authorized the RVN Campaign Medal with Device (1960).  This award is abbreviated as the "Vietnam Campaign Medal" on his DD Form 214 as it was commonly listed at the time of the applicant's release from active duty.  However, based on the applicant's request, this entry should be corrected at this time.

6.  Finally, based on the applicant's RVN service and the weapons qualification evidenced on his DA Form 20, his DD Form 214 should be corrected to show the RVN Gallantry Cross with Palm Unit Citation, RVN Civil Actions Honor Medal First Class Unit Citation, and Sharpshooter Marksmanship Qualification Badge (the type of bar is not known).

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 Army Good Conduct Medal (1st Award) for his qualifying honorable active duty service from 13 May 1968 to 6 April 1970;

	b.  deleting the current entries from item 24 of his DD Form 214 and replacing them with the following awards:

* BSM (2nd Award)
* PH (2nd Award)
* ARCOM
* AGCM (1st Award)
* NDSM
* VSM with three bronze service stars
* RVN Campaign Medal with Device (1960)
* RVN Gallantry Cross with Palm Unit Citation
* RVN Civil Actions Honor Medal First Class Unit Citation
* CIB
* Sharpshooter Marksmanship Qualification Badge

	c.  issuing him a correction to his DD Form 214 to reflect these awards.



      _____________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)                                         AR20120005519



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ABCMR Record of Proceedings (cont)                                         AR20120005519



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