BOARD DATE:	  4 October 2012

		DOCKET NUMBER:  AR20120005840 


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 his award of the Bronze Star Medal.

2.  The applicant states the Bronze Star Medal is not shown on his DD Form 214.

3.  The applicant provides:

* General Orders Number 14229, issued by Headquarters, 1st Cavalry Division, dated 26 November 1968
* DD Form 214
* National Personnel Records Center (NPRC) letter, dated 21 December 2011

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 29 June 1967.  He completed training as a light weapons infantryman.  He arrived in Vietnam on 3 December 1967 and he was assigned to Company B,
2nd Battalion, 5th Cavalry, 1st Cavalry Division (Air Mobile).

3.  General Orders Number 14229, dated 26 November 1968, awarded the applicant the Bronze Star Medal for meritorious service not involving participation in aerial flight, in connection with military operations against a hostile force in the Republic of Vietnam for the period December 1967 to December 1968.

4.  The applicant departed Vietnam on 30 November 1968 en route to his next and last duty assignment at Fort Hood, TX.

5.  On 13 June 1969, the applicant accepted nonjudicial punishment (NJP) under the provisions of Article 15, Uniform Code of Military Justice (UCMJ) for operating a motor vehicle on Fort Hood at a speed of 40 miles per hour in a
30 mile per hour zone.  

6.  On 27 June 1969, the applicant was honorably released from active duty at the expiration of his term of service in the rank/grade of sergeant (SGT)/E-5.  He was transferred to the U.S. Army Reserve (USAR) Control Group (Annual Training) to complete his remaining service obligation.  He completed 1 year,
11 months, and 29 days of total active service.  The DD Form 214 he was issued at the time shows he was awarded the:

* Vietnam Service Medal with two bronze service stars
* National Defense Service Medal
* Republic of Vietnam Campaign Medal (with Device (1960)
* Air Medal
* Combat Infantryman Badge
* Marksman Marksmanship Qualification Badge with Rifle Bar

7.  The applicant's DA Form 20 (Enlisted Qualification Record) shows he received all "excellent" conduct and efficiency ratings through his active duty service.

8.  His Army Military Human Resource Record (AMHRR), formerly known as the Official Military Personnel File (OMPF), contains no documents to show he was ever recommended for or awarded the first award of the Army Good Conduct Medal by the appropriate award authority.  It is also void of a disqualification from any of his active duty unit commanders that would have precluded him from receiving the first award of the Army Good Conduct Medal.

9.  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 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 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 subsequent to the DD Form 214 being issued will be entered in the priority sequence specified in Army Regulation 600-8-22 (Military Awards).

11.  Army Regulation 600-8-22, 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 five 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)

12.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in Vietnam.  This pamphlet shows the unit to which the applicant was assigned was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 9 August 1965 through 19 May 1969 by Department of the Army General Order Number 59, dated 1969.

DISCUSSION AND CONCLUSIONS:

1.  General Orders Number 14229, dated 26 November 1968, awarded the applicant the Bronze Star Medal.  Therefore, his DD Form 214 should be corrected to show this award.

2.  Although the applicant's record shows he accepted NJP for speeding, there is no evidence of record that shows this one indiscretion was a true reflection of his overall record of service.  He was promoted through the ranks to SGT/E-5 and he received all "excellent" conduct and efficiency ratings while he was in the Army.  His record is void of a unit commander's disqualification that would have precluded him from being awarded the first award of the Army Good Conduct Medal.  Therefore, it would be appropriate at this time to award him the first award of the Army Good Conduct Medal for the period 29 June 1967 through
27 June 1969 and to correct his DD Form 214 to show this award.

3.  The applicant participated in five campaigns during his service in Vietnam that entitles him to one silver service star for wear on his already-awarded Vietnam Service Medal.  Therefore, his DD Form 214 should be corrected to show this silver service star.

4.  The applicant's unit was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation during his period of service in Vietnam.  Therefore, his DD Form 214 should be corrected to show this unit award.

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 with two bronze service stars;

	b.  awarding him the Army Good Conduct Medal (1st Award) for the period 29 June 1967 through 27 June 1969; and

	c.  adding to his DD Form 214 the:

* Bronze Star Medal
* Army Good Conduct Medal (1st Award)
* Vietnam Service Medal with one silver service star
* Republic of Vietnam Gallantry Cross with Palm 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)                                         AR20120005840



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ABCMR Record of Proceedings (cont)                                         AR20120005840



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