IN THE CASE OF:	  

		BOARD DATE:	    20 November 2012

		DOCKET NUMBER:  AR20120008694 


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 (SS), Purple Heart (PH) (2nd Award), and the Army Commendation Medal (ARCOM).

2.  The applicant states these awards do not appear on his DD Form 214.

3.  The applicant provides:

* DD Form 214
* General Orders (GO) Number 10220, dated 8 September 1969
* GO Number 18, dated 24 January 1969
* Citation for award of the ARCOM

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 3 November 1967 and held military occupational specialty 11B (Light Weapons Infantryman).  

3.  He was assigned to Vietnam from 25 September 1968 to 16 September 1969 and served with:

* Company C, 5th Battalion (Mechanized), 60th Infantry Regiment, 1st Infantry Division, from 3 October 1968 to 20 October 1968
* Company C, 1st Battalion (Mechanized), 16th Infantry Regiment, 1st Infantry Division, from 21 October 1968 to 16 September 1969

4.  He was honorably released from active duty on 18 September 1969 after completing 1 year, 10 months, and 16 days of net active service, 11 months, and 22 days of which was credited as foreign service in Vietnam.  His DD Form 214 shows he received:

* Combat Infantryman Badge
* Two overseas service bars
* National Defense Service Medal
* Vietnam Service Medal
* Vietnam Campaign Medal 
* Purple Heart (1st Award)
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)
* Air Medal (2nd Award)
* Republic of Vietnam Gallantry Cross with Palm Unit Citation

5.  Special Orders (SO) Number 044, issued by Headquarters, U.S. Army Training Center, Infantry and Fort Polk, Fort Polk, LA, on 19 February 1968, awarded him the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16).

6.  Special Orders (SO) Number 050, issued by Headquarters, U.S. Army Training Center, Infantry and Fort Polk, Fort Polk, LA, on 27 February 1968, awarded him the Sharpshooter Marksmanship Qualification Badge with Machinegun Bar (M-60).

7.  GO Number 12150, issued by Headquarters, 1st Infantry Division, Vietnam, on 19 November 1968, awarded him the PH for wounds he sustained in action on 16 November 1968.

8.  GO Number 18, issued by Headquarters, 24th Evacuation Hospital, Vietnam, awarded him the PH (2nd Award) for wounds he sustained in action on 
23 January 1969.

9.  GO Number 9402, issued by Headquarters, 1st Infantry Division, Vietnam, on 26 August 1969, awarded him the ARCOM for meritorious service from September 1968 to September 1969.

10.  GO Number 10220, issued by Headquarters, 1st Infantry Division, Vietnam, on 8 September 1969, awarded him the SS for gallantry in action on 12 August 1969.

11.  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.  This same regulation states a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each credited campaign.  Appendix B shows that during his service in Vietnam, participation credit was awarded for the following campaigns:

* Vietnam Counteroffensive, Phase V (1 July 1968 - 1 November 1968)
* Vietnam Counteroffensive, Phase VI (2 November 1969 - 22 February 1969)
* TET 1969 Counteroffensive (23 February 1969 - 8 June 1969)
* Vietnam Summer-Fall 1969 (9 June 1969 - 31 October 1969)

12.  Department of the Army (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 in Vietnam:

	a.  his unit, 5th Battalion (Mechanized), 60th Infantry Regiment, 1st Infantry Division, was cited for award of the: 

* Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 1 July 1968 to 13 November 1968, by DAGO Number 43, dated 1970
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, for the period 19 December 1966 to 28 June 1969, by DAGO Number 59, dated 1969

	b.  his unit, 1st Battalion (Mechanized), 16th Infantry Regiment, 1st Infantry Division, was cited for award of the:
* Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 1 April 1969 to 31 October 1969, by DAGO Number 2, dated 1971
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, for the period 1 October 1965 to 7 April 1070, by DAGO Number 53, dated 1970

13.  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 (AGCM) during the period 3 November 1967 through 18 September 1969. 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.  There are also no entries in his record to indicate his commanders denied him award of the AGCM during this period of service.

14.  Army Regulation 672-5-1 (Military Awards) states the AGCM 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.

DISCUSSION AND CONCLUSIONS:

1.  SO awarded him the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16) and the Sharpshooter Marksmanship Qualification Badge with Machinegun Bar (M-60); therefore, he is entitled correction of his DD Form 214 to show theses awards.

2.  GO awarded him the PH (2nd Award), ARCOM, and the SS; therefore, he is entitled to correction of his DD Form 214 to show these awards.

3.  The evidence shows he participated in four campaigns while serving in Vietnam; therefore, he is entitled to have four bronze service stars added to his previously-awarded Vietnam Service Medal and correction of his DD Form 214 to show these service stars.

4.  GO awarded each of the units he served with in Vietnam the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation; therefore, he is entitled to 

correction of his DD Form 214 to show the Vietnam the Republic of Vietnam Gallantry Cross with Palm Unit Citation (2nd Award) and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation (2nd Award).

5.  He served honorably during the period 3 November 1967 through 
18 September 1969 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.

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.  awarding him the Army Good Conduct Medal (1st Award) for the period
3 November 1967 through 18 September 1969;

	b.  deleting from his DD Form 214 the:

* Vietnam Service Medal
* Purple Heart
* Republic of Vietnam Gallantry Cross with Palm Unit Citation

	c.  adding to his DD Form 214 the:

* Silver Star
* 
Army Commendation Medal
* Army Good Conduct Medal (1st Award)
* Purple Heart (2nd Award)
* Vietnam Service Medal with four bronze service stars
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
(2nd Award)
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation (2nd Award)
* Sharpshooter Marksmanship Qualification Badge with Machinegun Bar (M-60)
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16)



      ______________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)                                         AR20120008694





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ABCMR Record of Proceedings (cont)                                         AR20120008694



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