IN THE CASE OF:	  

		BOARD DATE:	  25 October 2012

		DOCKET NUMBER:  AR20120010192 


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 award of the Bronze Star Medal and the Purple Heart.

2.  He states these awards do not appear on his DD Form 214.  He has enclosed certificates and a photo of him receiving the Purple Heart.

3.  He provides:

* DD Form 214
* Award certificates for the Bronze Star Medal and the Purple Heart
* Western Union Telegram, dated 28 August 1969
* General Orders Number 10572, issued by Headquarters, 1st Air Cavalry Division, dated 29 August 1969
* A copy of an unclear photograph of a Soldier receiving an award

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 6 January 1969.  He served in Vietnam from 25 May 1969 to 24 May 1970.  His DA Form 20 (Enlisted Qualification Record) is not available for review.

3.  General Orders Number 10572, dated 29 August 1969, awarded the applicant the Purple Heart for wounds received in action against a hostile force in the Republic of Vietnam (RVN) on 27 August 1969.  These orders show he was assigned to Company B, 1st Battalion, 5th Cavalry Regiment.

4.  General Orders Number 4770, dated 30 March 1970, awarded him the Bronze Star Medal for meritorious service in the RVN during the period May 1969 to May 1970.  These orders also show he was assigned to Company B, 1st Battalion, 5th Cavalry Regiment.

5.  General Orders Number 236, issued by Headquarters, 1st Infantry Division (Mechanized), Fort Riley, Ks, dated 16 December 1970, awarded him the Army Good Conduct Medal (1st Award) for the period 6 January 1969 to DOSOA (date of separation on or about) 5 January 1971.

6.  On 5 January 1971, he was honorably released from active duty at the expiration of his term of service.  He completed 2 years of total active service.  The DD Form 214 he was issued at the time shows the:

* Air Medal
* National Defense Service Medal
* Vietnam Service Medal
* RVN Campaign Medal with Device (1960)
* two overseas service bars
* Expert Marksmanship Qualification Badge with Rifle Bar (M-16)
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)
* Marksman Marksmanship Qualification Badge with Machinegun Bar
(M-60)

7.  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 the unit to which the applicant was assigned was cited for award of the:

* Valorous Unit Award for the period 1 May through 29 June 1970 by Department of the Army General Orders (DAGO) Number 43, dated 1972
* RVN Gallantry Cross with Palm Unit Citation for the period May 1969 through February 1970 by DAGO Number 11, dated 1973
* RVN Gallantry Cross with Palm Unit Citation for the period 21 February 1970 through 28 February 1971 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

8.  Paragraph 6 (Miscellaneous Information) of this pamphlet states that not more than one award of the RVN Gallantry Cross with Palm 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.

9.  Army Regulation 600-8-22 (Military Awards) paragraph 2-13, contains the regulatory guidance on the Vietnam Service Medal.  It states that a bronze service star is authorized with this award for each Vietnam campaign a member is credited with participating in.  Appendix B shows that during his service in Vietnam, the applicant participated in the following four campaigns:

* Tet 69 Counteroffensive, 1969 (23 February - 8 June 1969)
* Vietnam Summer - Fall 1969 (9 June - 31 October 1969)
* Vietnam Winter - Spring 1970 (1 November 1969 - 30 April 1970)
* Sanctuary Counteroffensive (1 May - 30 June 1970)

DISCUSSION AND CONCLUSIONS:

1.  General orders awarded the applicant the Bronze Star Medal, Purple Heart, and the Army Good Conduct Medal (1st Award).  Therefore, his DD Form 214 should be corrected to show these awards.

2.  Evidence shows he participated in four campaigns during his service in the RVN.  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 to show these bronze service stars.


3.  The applicant's unit was cited for award of the Valorous Unit Award, RVN Civil Actions Honor Medal First Class Unit Citation, and two awards of the RVN Gallantry Cross with Palm Unit Citation.  Therefore, his DD Form 214 should be corrected 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 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; and

	b.  adding to his DD Form 214 the:

* Bronze Star Medal
* Purple Heart
* Army Good Conduct Medal (1st Award)
* Vietnam Service Medal with four bronze service stars
* Valorous Unit Award
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
(2nd Award)
* Republic of Vietnam Civil Actions Honor Medal First Class 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)                                         AR20120010192



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ABCMR Record of Proceedings (cont)                                         AR20120010192



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