IN THE CASE OF:	  

		BOARD DATE:	  4 October 2012

		DOCKET NUMBER:  AR20120005669 


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 add the Silver Star.

2.  The applicant states he received his discharge on the same date he received the Silver Star.

3.  The applicant provides General Orders (GO) Number 757, dated 3 March 1971, and his 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 was inducted into the Army of the United States on 30 July 1969 and held the military occupational specialty 64B (Heavy Vehicle Driver).  The highest rank/grade he attained while serving on active duty was specialist four/E-4.

3.  His DA Form 20 (Enlisted Qualification Record) shows he served in Vietnam from 21 December 1969 to 2 December 1970, during which time he served with the 359th Transportation Company from 27 December 1969 to 2 December 1970.

4.  His record contains GO Number 757, dated 3 March 1971, which awarded him the Silver Star.

5.  He was honorably released from active duty on 3 March 1971.  His DD Form 214 shows he completed 1 year, 7 months, and 4 days of net active service, of which, 11 months and 26 days were credited as foreign service.  This form further shows he was awarded or authorized the following awards:

* National Defense Service Medal
* Republic of Vietnam Campaign Medal with Device 1960
* Purple Heart
* Vietnam Service Medal
* Army Commendation Medal
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-14)
* Expert Marksmanship Qualification Badge with Rifle Bar (M-16)
* 1 overseas service bar

6.  Army Regulation 600-8-22 (Military Awards) 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. Appendix B shows that during his service in Vietnam, the applicant participated in the following three campaigns:

* Vietnam Winter-Spring 1970 (1 November 1969 - 30 April 1970)
* DA Sanctuary Counteroffensive (1 May 1970 - 30 June 1970)
* Vietnam Counteroffensive, Phase VII (1 July 1970 - 30 June 1971)

7.  DA Pamphlet 672-3 establishes the eligibility of individual members for campaign participation credit, assault landing credit, and unit citation badges awarded during the Vietnam Conflict.  It confirms that during his service with the 359th Transportation Company in Vietnam, this unit was cited for award of the:

* Meritorious Unit Commendation for the period 1 April 1969 through 
31 March 1970 by Department of the Army General Orders (DAGO) Number 51, dated 1971
* Republic of Vietnam Gallantry Cross with Gold Star Unit Citation for the period 1 January 1969 through 24 April 1971by DAGO Number 24, dated 1972
* Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 20 July 1968 through 28 March 1973 by DAGO Number 8, dated 1974

8.  A review of his service record shows no derogatory information in the form of time lost, nonjudicial punishment (NJP), or suspension of favorable personnel 
actions that would disqualify him for the first award of the Army Good Conduct Medal during the period 30 July 1969 to 3 March 1971.  Item 38 (Record of Assignments) of his DA Form 20 shows he received all "excellent" conduct and efficiency ratings throughout his service.  There are also no entries in his record to indicate his commanders denied him award of the Army Good Conduct Medal during this period of service.

9.  Army Regulation 672-5-1 (Military Awards) states 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.  There must have been no convictions by a court-martial.

10.  Army Regulation 670-1 (Uniforms and Insignia) governs the requirements for the overseas service bar.  It states a bar is authorized for wear for each period of active Federal service as a member of the U.S. Army outside of the continental limits of the United States for the specific time frames and areas of operation cited in Army Regulation 670-1 or appropriate Department of the Army message. 
There are special provisions regarding authorization for the overseas service bar for service in a hostile fire zone and for combining service to calculate award of the bars.  For Vietnam service, one overseas service bar was authorized for each period of 6 months active Federal service as a member of a U.S. Service in Vietnam from 1 July 1958 to 28 March 1973.  Both the month of arrival and the month of departure from Vietnam were counted as whole months for credit toward the overseas service bar.

DISCUSSION AND CONCLUSIONS:

1.  GO awarded him the Silver Star which is not shown on his DD Form 214; therefore, he is entitled to correction of his DD Form 214 to add this award.

2.  GO awarded his unit in Vietnam the Meritorious Unit Commendation, Republic of Vietnam Gallantry Cross with Gold Star Unit Citation, and the Republic of Vietnam Gallantry Cross with Palm Unit Citation; therefore he is entitled to correction of his DD Form 214 to add these unit awards.

3.  The evidence of record shows he participated in three campaigns while serving in Vietnam which entitles him to three bronze service stars for wear on his previously-awarded Vietnam Service Medal.  Therefore, his DD Form 214 should be corrected to show these bronze service stars.

4.  He served honorably during the period 30 July 1969 to 3 March 1971 and he received all "excellent" conduct and efficiency rating throughout this period.  His records do not contain any derogatory information in the form of time lost, NJP, or suspension of favorable personnel actions that would disqualify him for the first award of the Army Good Conduct Medal.  Additionally, there are no entries in his record to indicate that his commander denied him this award.  Therefore, he should be awarded the Army Good Conduct Medal (1st Award) and his DD Form 214 should be corrected to show this award.

5.  He served a qualifying period for award of two overseas service bars; however, only one is annotated on his DD Form 214.  Therefore, he is entitled to have an additional overseas service bar added to his DD Form 214.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

____X____  ____X____  ____X____  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined 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:

* awarding him the Army Good Conduct Medal (1st Award) for the period
30 July 1969 to 3 March 1971
* deleting one overseas service bar from his DD Form 214
* 
adding to his DD Form 214 the:

* Silver Star 
* Army Good Conduct Medal (1st Award)
* Three bronze service stars with his previously-awarded Vietnam Service Medal
* Meritorious Unit Commendation
* Republic of Vietnam Gallantry Cross with Gold Star Unit Citation
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Two overseas service bars



      ____________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)                                         AR20120005669



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ABCMR Record of Proceedings (cont)                                         AR20120005669



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