IN THE CASE OF:	  

		BOARD DATE:  27 November 2012

		DOCKET NUMBER:  AR20120009074 


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 middle name as "Boyd" instead of "Royd"
* Awards of the:

* Bronze Star Medal
* Combat Infantryman Badge
* Air Medal

2.  The applicant states he noticed the errors upon separation but he was rushed through.  An entry was made in item 30 (Remarks) of the correct name but the awards were not listed. 

3.  The applicant provides:

* DD Form 214
* Special Orders (SO) Number 269, Combat Infantryman Badge
* Citation and certificate showing award of the Bronze Star Medal

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.  With respect to the applicant's middle name, an entry was made in item 30 of his DD Form 214 to show the correct middle name.  Since his name is already corrected, this issue will not be discussed further in the Record of Proceedings. 

3.  The applicant's records show he was inducted into the Army of the United States on 9 April 1968 and he held military occupational specialty 11C (Infantry Indirect Fire Crewmember). 

4.  SO Number 130, issued by Headquarters, U.S. Army Training Center, Fort Bliss, TX, on 29 May 1968, awarded him the Marksman Marksmanship Qualification Badge with Rifle Bar (M-14).

5.  SO Number 161, issued by Headquarters, U.S. Army Training Center, Fort Ord, CA, on 8 August 1968, awarded him the Marksman Marksmanship Qualification Badge with Rifle Bar (M-16).

6.  He served in Vietnam from on or about 3 September 1968 to 25 August 1969. He was assigned to Company C, 2nd Battalion, 12th Infantry, 25th Infantry Division (Light).  While in Vietnam, Headquarters, 25th Infantry Division published the following General Orders (GO) or SO awarding him various awards:

* GO Number 3539, on 20 March 1969, the Purple Heart, for wounds received on 4 March 1969
* GO Number 4995, on 6 April 1969, the Purple Heart (1st Oak Leaf Cluster) for wounds received on 4 April 1969
* GO Number 10277, on 9 August 1969, the Bronze Star Medal for service from 1968 to 1969
* GO Number 11558, on 13 September 1969, the Air Medal, for achievement from 3 April to 28 May 1969
* SO Number 269, on 26 September 1969, the Combat Infantryman Badge


7.  He was honorably released from active duty in the rank/grade of sergeant (SGT)/E-5 on 13 January 1970.  He completed 1 year, 9 months, and 5 days of active service with no lost time.  His DD Form 214 shows the:

* National Defense Service Medal
* Vietnam Service Medal with two bronze service stars
* Vietnam Campaign Medal with Device "1960"
* Purple Heart (1st Oak Leaf Cluster)

8.  A review of his records indicates his entitlement to additional awards which are not listed on his DD Form 214.

9.  A review of his service record shows no derogatory information that would disqualify him for the first award of the Army Good Conduct Medal.  Furthermore, item 38 (Record of Assignments) of his DA Form 20 (Enlisted Qualification Record) shows he received "excellent" conduct and efficiency ratings throughout his military service.

10.  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.

11.  Appendix B of Army Regulation 600-8-22 (Military Awards) shows during his service in Vietnam, campaign participation credit was awarded for the below campaigns.  This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign:

* Vietnam Counteroffensive Phase V, 1 July - 1 November 1968
* Vietnam Counteroffensive Phase VI, 2 November 1968 - 22 February 1969
* Tet 69/Counteroffensive, 23 February - 8 June 1969
* Vietnam Summer - Fall 1969, 9 June - 31 October 1969

12.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam.  This pamphlet shows during his service with the 2nd Battalion, 12th Infantry this unit was cited for award of the:

* Republic of Vietnam Gallantry Cross with Palm Unit Citation for service from 1 September 1968 to 30 September 1970 by Department of the Army General Orders (DAGO) Number 5, dated 1973
* Republic of Vietnam Civil Actions Honor Medal with First Class Unit Citation for service from 1 August 1967 to 21 January 1970 by DAGO Number 51, dated 1971

DISCUSSION AND CONCLUSIONS:

1.  GO awarded the applicant the Bronze Star Medal and Air Medal, neither of which is shown on his DD Form 214; therefore, he is entitled to correction of his DD Form 214 to show both awards. 

2.  SO awarded the applicant the applicant the Marksman Marksmanship Qualification Badge with Rifle Bar (M-14), Marksman Marksmanship Qualification Badge with Rifle Bar (M-16), and Combat Infantryman Badge, none of which is shown on his DD Form 214; therefore, he is entitled to correction of his DD Form 214 to show these badges. 

3.  GO awarded his unit in Vietnam the Republic of Vietnam Gallantry Cross with Palm Unit Citation and Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, neither of which is shown on his records; therefore, he is entitled to correction of his records to show these unit awards.

4.  The evidence of record shows he was awarded the Vietnam Service Medal.  Additionally, records show he participated in four campaigns while serving in the Republic of Vietnam.  For clarity, he is entitled to correction of his DD Form 214 to show four bronze service stars to be affixed to his Vietnam Service Medal.

5.  He served honorably from 9 April 1968 through 13 January 1970.  He served in Vietnam, attained the rank/grade of SGT/E-5, and received "excellent" efficiency and conduct ratings throughout his military service.  His records contain no derogatory information that would have disqualified him from receiving the first award of the Army Good Conduct Medal.  Therefore, it would be appropriate to award the applicant the Army Good Conduct Medal and correct his DD Form 214 to show this medal.







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:

* awarding him the Army Good Conduct Medal (1st Award) for exemplary behavior, efficiency, and fidelity during the period 9 April 1968 through 13 January 1970
* deleting from his DD Form 214 the Vietnam Service Medal and adding to his DD Form 214 the:

* Army Good Conduct Medal (1st Award)
* Bronze Star Medal
* Air Medal
* Combat Infantryman Badge
* Vietnam Service Medal with four bronze service stars
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal with First Class Unit Citation
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-14)
* Marksman 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)                                         AR20120009074





3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20120009074



5


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1