BOARD DATE:	  2 October 2012

		DOCKET NUMBER:  AR20120005842 


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, in effect, correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show award of the Silver Star.

2.  The applicant states, in effect, his DD Form 214 is not accurate.

3.  The applicant provides no additional evidence.

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 records show he was inducted into the Army of the United States on 20 February 1968 and he held military occupational specialty (MOS) 05B (Radio Operator).  He served in Vietnam from 16 September 1968 to 24 September 1969 as follows:

* 16 September 1968-17 January 1969 while assigned to Headquarters and Headquarters Company, 4th Battalion, 9th Infantry Regiment, 25th Infantry Division
* 18 January-24 September 1969 while assigned to Troop D, 3d Squadron, 4th Cavalry, 25th Infantry Division

3.  General Orders (GO) Number 9051, dated 12 July 1969, issued by Headquarters, 25th Infantry Division, awarded him the Silver Star for gallantry in action in Vietnam on 13 June 1969.  

4.  He was honorably released from active duty on 24 September 1969 and transferred to the U.S. Army Reserve.  He completed 1 year, 7 months, and 5 days of creditable active service with no lost time.

5.  His DD Form 214 shows he was awarded or authorized the:

* National Defense Service Medal
* Vietnam Service Medal
* Vietnam Campaign Medal
* Air Medal

6.  Item 38 (Record of Assignments) of his DA Form 20 (Enlisted Qualification Record) shows he received all "excellent" conduct and efficiency ratings throughout his service.  His record is void any convictions by a court-martial or a commander's disqualification for the first award of the Army Good Conduct Medal.

7.  Item 41 (Awards and Decorations) of his DA Form 20 shows he was awarded the Expert Marksmanship Qualification Badge with Rifle Bar (M-14).

8.  A review of his records shows that during his service in Vietnam he participated in four campaigns.

9.  Army Regulation 672-5-1 (Military Awards), in effect at the time, provided that the Army Good Conduct Medal was awarded to individuals who completed a qualified period of active duty enlisted service.  This period was 3 years except in those cases when the period for the first award ended with the termination of a period of Federal military service.  The enlisted person must have had all "excellent" conduct and efficiency ratings and no convictions by a court-martial.

10.  Army Regulation 600-8-22 (Military Awards) states 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.  Qualifying service included attachment to or assignment for 1 or more days with an organization participating in or directly supporting military operations.  A bronze service star is authorized with this award for each Vietnam campaign a member is credited with participating in.

11.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam.

	a.  The 4th Battalion, 9th Infantry, was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 1 September 1968 through 30 September 1970 by Department of the Army General Orders (DAGO) Number 5, dated 1973, and the Republic of Vietnam Civil Actions Honor Medal First Class Citation for the period 30 April 1966 through 21 January 1970 by DAGO Number 51, dated 1971.

	b.  D Troop, 3d Squadron, 4th Cavalry, was awarded the Presidential Unit Citation for the period 24 through 26 April 1969 by DAGO Number 28, dated 1969, and the Valorous Unit Award for the period 1 January through 22 February 1969 by DAGO Number 39, dated 1970.

DISCUSSION AND CONCLUSIONS:

1.  GO awarded the applicant the Silver Star and his records show he was awarded the Expert Marksmanship Qualification Badge with Rifle Bar (M-14) which are not shown on his DD Form 214.  Therefore, he is entitled to correction of his DD Form 214 accordingly.

2.  The evidence of record shows he served honorably from 20 February 1968 through 24 September 1969.  He served in Vietnam and received all "excellent" conduct and efficiency ratings throughout his military service.  His record is void of any disciplinary actions or a commander's disqualification that would have precluded him from receiving the first award of the Army Good Conduct Medal.  Therefore, it would be appropriate to award him the Army Good Conduct Medal (1st Award) and to correct his DD Form 214 to show this award.





3.  His record confirms he participated in four campaigns during his service in Vietnam.  Therefore, he is entitled to four bronze service stars for wear on his already-awarded Vietnam Service Medal and correction of his DD Form 214 accordingly.

4.  GO awarded his units in Vietnam the Republic of Vietnam Gallantry Cross with Palm Unit Citation, Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, Presidential Unit Citation, and Valorous Unit Award during a period he was assigned to these units.  Therefore, he is entitled to correction of his DD Form 214 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 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 exemplary behavior, efficiency, and fidelity during the period 20 February 1968 through 24 September 1969
* deleting the Vietnam Service Medal from his DD Form 214
* adding the following awards to his DD Form 214:

* Silver Star
* Army Good Conduct Medal (1st Award)
* Vietnam Service Medal with four bronze service stars
* Expert Marksmanship Qualification Badge with Rifle Bar (M-14)
* Presidential Unit Citation
* Valorous Unit Award





* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal First Class 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)                                         AR20120005842



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ABCMR Record of Proceedings (cont)                                         AR20120005842



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