IN THE CASE OF:	  

		BOARD DATE:	  18 October 2012

		DOCKET NUMBER:  AR20120006757 


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 with "V" (Valor) Device, Purple Heart, and the Air Medal.

2.  The applicant states these awards he earned were not included on his
DD Form 214.  

3.  The applicant provides a Department of Veterans Affairs (VA) letter, dated 
22 May 2004, that confirms he received the Purple Heart in support of his application.  

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 4 December 1967.  He was trained in and awarded military occupational specialty (MOS) 13A (Cannoneer).

3.  The applicant's DA Form 20 (Enlisted Qualification Record) shows he served in the Republic of Vietnam (RVN) from 8 May 1968 to 5 July 1969.  It further shows in:

* Item 38 (Record of Assignments) that during his RVN tour, he served with Battery A, 1st Battalion, 77th Artillery Detachment, performing duties in MOS 13A as a field artillery crewman
* Item 38 he received all “excellent” conduct and efficiency ratings throughout his military service
* Item 40 (Wounds) an entry showing he was wounded in action in the RVN on 18 June 1969
* item 41 (Awards and Decorations) award of the:

* Bronze Star Medal
* Purple Heart
* Air Medal
* Army Commendation Medal
* National Defense Service Medal
* Vietnam Service Medal
* RVN Campaign Medal with Device (1960)
* Sharpshooter Marksmanship Qualification Badge with Rifle (M-14) Bar
* Marksman Marksmanship Qualification Badge with Rifle (M-16) Bar

4.  The applicant's Army Military Human Resource Record (AMHRR), formerly known as the Official Military Personnel File (OMPF) contains:

	a.  General Orders Number 4444, issued by Headquarters, 1st Cavalry Division, dated 11 April 1969, awarding him the BSM for meritorious service in the RVN during the period May 1968 to May 1969;

	b.  General Orders Number 7069, issued by the same headquarters, awarding him the Purple Heart for wounds received in action in the RVN on
18 June 1969;

	c.  General Orders Number 7888, issued by the same headquarters, awarding him the Air Medal for meritorious achievement while participating in aerial flight in the RVN during the period May 1968 to July 1969; and


	d.  General Orders Number 10956, issued by the same headquarters, dated  9 September 1969, awarding him the Bronze Star Medal (2nd Award) and with "V" Device for heroism in the RVN on 18 June 1969.

5.  There is no record of any disciplinary actions or a commander's disqualification that would have precluded the applicant from being recommended for or awarded the first award of the Army Good Conduct Medal.

6.  On 8 July 1969, the applicant was honorably released from active duty, in the rank/grade of sergeant (SGT)/E-5 as an overseas returnee.  He completed
1 year, 7 months, and 5 days of total active service.  The DD Form 214 he was issued at the time shows award of the:

* Bronze Star Medal
* Army Commendation Medal
* National Defense Service Medal
* Vietnam Service Medal
* RVN Campaign Medal with Device 1960

7.  Army Regulation 600-8-22 (Military Awards) prescribes the Army's awards policy.  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 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)
* Tet 69 Counteroffensive, 1969 (23 February - 8 June 1969)
* Vietnam Summer - Fall 1969 (9 June - 31 October 1969)

8.  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.


9  Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) assists commanders in determining or establishing the eligibility of individual members for campaign participation credit, assault landing credit, and unit citation badges awarded during the Vietnam Conflict.  It shows that during the applicant's tenure of assignment in the RVN, his unit (77th Artillery Detachment) was cited for award of the:

* RVN Gallantry Cross with Palm Unit Citation for the period 1 August 1965 through 19 May 1969 by Department of the Army General Orders (DAGO) Number 59, dated 1969
* RVN Gallantry Cross with Palm Unit Citation for the period May 1969 through February 1970 by DAGO Number 11, dated 1973
* RVN Civil Actions Honor Medal First Class Unit Citation for the period
1 January 1969 through 1 February 1970 by DAGO Number 42, dated 1972

10.  Department of the Army Pamphlet 672-3, paragraph 6 (Miscellaneous Information) states that not more than one award of the Republic of Vietnam Gallantry Cross Unit Citation may be worn by any individual.  Although wear of multiple awards of this unit citation badge is not authorized, official military personnel and historical records will indicate all awards received.

DISCUSSION AND CONCLUSIONS:

1.  General orders awarded the applicant the Bronze Star Medal (2nd Award) and with "V" Device, Purple Heart, and the Air Medal.  Therefore, his DD Form 214 should be corrected to show these awards.

2.  There is no evidence of any disciplinary actions or a commander's disqualification that would have been precluded him from being award the first award of the Army Good Conduct Medal.  Therefore, it would be appropriate at this time to award him the Army Good Conduct Medal (1st Award) for the period 4 December 1967 through 8 July 1969 and to correct his DD Form 214 to show this award.

3.  Evidence shows he participated in five campaigns during his service in Vietnam.  Therefore, he is entitled to one silver service star for wear on his already-awarded Vietnam Service Medal and correction of his DD Form 214 to show this silver service star.


4.  The applicant's unit was cited for two awards of the RVN Gallantry Cross with Palm Unit Citation and one award of the RVN Civil Actions Honor Medal First Class Unit Citation during his period of assignment.  Therefore, his DD Form 214 should be corrected to show these unit awards.

5.  Evidence shows the applicant qualified sharpshooter with the M-14 rifle and marksman with the M-16 rifle.  Therefore, his DD Form 214 should be corrected to show these weapons qualification.

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.  deleting from his DD Form 214 the Bronze Star Medal and the Vietnam Service Medal;

	b.  awarding him the Army Good Conduct Medal (1st Award) for the period
4 December 1967 through 8 July 1969; and

	c.  adding to his DD Form 214 the:

* Bronze Star Medal (2nd Award) and with "V" Device
* Purple Heart
* Air Medal
* Army Good Conduct Medal (1st Award)
* Vietnam Service Medal with 1 silver service star
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
(2nd Award)
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation


* Sharpshooter Marksmanship Qualification Badge with Rifle (M-14) Bar
* Marksman Marksmanship Qualification Badge with Rifle (M-16) Bar



      ____________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)                                         AR20120006757



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ABCMR Record of Proceedings (cont)                                         AR20120006757



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