IN THE CASE OF:
BOARD DATE: 17 January 2013
DOCKET NUMBER: AR20120012354
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 record to show he was awarded the Purple Heart (PH) and the Air Medal (AM).
2. He states he received the above awards while serving in the Republic of Vietnam (RVN) between March and May 1969.
3. He provides his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).
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 applicants 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 applicants failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. On 21 August 1968, the applicant was inducted into the Army of the United States. After completing initial entry training, he was awarded military occupational specialty 11B (Light Weapons Infantryman) and assigned to duty in the RVN.
3. His DA Form 20 (Enlisted Qualification Record) shows in:
* item 31 (Foreign Service) he served in the RVN from 18 January to 31 May 1969 and in Korea from 19 October 1969 to 31 January 1970
* item 38 (Record of Assignments) he was assigned to Company B, 6th Battalion, 31st Infantry, 9th Infantry Division, from 27 January to 30 May 1969
* item 38 he received all "excellent" conduct and efficiency ratings
4. Headquarters, 9th Infantry Division, issued:
* General Orders (GO) Number 3257, dated 18 March 1969, awarding him the PH for wounds he incurred on 15 March 1969
* GO 10298, dated 15 July 1969, awarding him the AM for the period 15 January to 16 May 1969
5. On 20 August 1970, he was honorably released from active duty after completing 2 years of total active service. His DD Form 214 shows he was awarded or authorized the:
* National Defense Service Medal
* Vietnam Service Medal with three bronze service stars
* RVN Campaign Medal
* Armed Forces Expeditionary Medal (Korea)
* Combat Infantryman Badge
* Marksman Marksmanship Qualification Badge with Rifle and Machine Gun Bars
6. A review of his record indicates he is entitled to additional awards not shown on his DD Form 214.
7. Army Regulation 672-5-1 (Awards), in effect at the time, stated the Army Good Conduct Medal (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.
8. His record is void of documentation showing he was the subject of any disciplinary actions.
9. Department of the Army GO Number 59, dated 1969, cited 6th Battalion, 31st Infantry, for two awards:
* RVN Gallantry Cross with Palm Unit Citation for the period January to June 1969
* RVN Civil Actions Honor Medal First Class Unit Citation for the period 26 Jul 1969 to 20 July 70
10. Army Regulation 600-8-22 (Military Awards) states the Korea Defense Service Medal (KDSM) is authorized for award to members of the Armed Forces of the United States who have served on active duty in support of the defense of the Republic of Korea. The period of eligibility is 28 July 1954 to a date to be determined by the Secretary of Defense.
DISCUSSION AND CONCLUSIONS:
1. GO awarded the applicant the PH and AM. Therefore, he is entitled to correction of his DD Form 214 to show these awards.
2. He received "excellent" conduct and efficiency ratings during his service and there is no record of disciplinary action taken against him. In light of his overall record of service, it would be appropriate to award him the AGCM (1st Award) based on completion of a qualifying period of active Federal service from
21 August 1968 to 20 August 1970 and to correct his DD Form 214 to show this award.
3. He was assigned to a unit in the RVN during a period for which the unit was cited for award of the RVN Gallantry Cross with Palm Unit Citation and the RVN Civil Actions Honor Medal First Class Unit Citation. Therefore, he is entitled to correction of his DD Form 214 to show these unit awards.
4. He is eligible for award of the KDSM. Therefore, he is entitled to correction of his DD Form 214 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 AGCM (1st Award) based on completion of a qualifying period of active Federal service from 21 August 1968 to 20 August 1970; and
b. adding the following awards to his DD Form 214:
* PH
* AM
* AGCM (1st Award)
* KDSM
* RVN Gallantry Cross with Palm Unit Citation
* RVN 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) AR20120012354
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20120012354
4
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2009 | 20090011463
IN THE CASE OF: BOARD DATE: 26 January 2010 DOCKET NUMBER: AR20090011463 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. As a result, he should be awarded the AGCM for his qualifying period of honorable active duty service from 19 June 1967 through 2 March 1970, and it should be added to his record and DD Form 214. 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 for his qualifying...
ARMY | BCMR | CY2012 | 20120003238
The applicant requests, in effect, that he be awarded the Combat Infantryman Badge (CIB) and it be added to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge). His DD Form 214 shows the following awards: * National Defense Service Medal * Vietnam Service Medal * RVN Campaign Medal with Device (1960) * Overseas Service Bar (two) * PH * BSM with "V" device 8. As a result, the Board recommends that all Department of the Army records of the individual concerned...
ARMY | BCMR | CY2014 | 20140004780
The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show he was awarded or authorized the: * Bronze Star Medal (BSM) * Purple Heart (PH) * Air Medal (AM) * Republic of Vietnam (RVN) Gallantry Cross * RVN Gallantry Cross with Palm Unit Citation * Combat Infantryman Badge (CIB) 2. He provided, in part: * a BSM Certificate and citation that shows he was awarded the BSM for meritorious service during the period 1 August...
ARMY | BCMR | CY2014 | 20140003334
A review of the applicant's military personnel records failed to reveal any evidence that he was WIA on a third occasion, or any orders or other evidence that shows he was awarded the PH (2nd OLC). c. The VSM 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. 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 | BCMR | CY2014 | 20140018326
The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show the following awards: * Purple Heart (PH) * Air Medal (2nd Award) * Bronze Star Medal (3rd Award) * Army Commendation Medal (4th Award) with "V" Device * Republic of Vietnam (RVN) Gallantry Cross with Bronze Star 2. Therefore, it would be appropriate at this time to award him the AGCM (1st Award) and correct his DD Form 214 to show this award. As a result, the...
ARMY | BCMR | CY2009 | 20090000962
The applicant requests, in effect, that the Purple Heart (PH), Air Medal (AM), Republic of Vietnam Campaign Medal (RVNCM), and Army Good Conduct Medal (AGCM) be added to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge). Therefore, it would be appropriate to award him the first award of the AGCM, for his qualifying period of honorable active duty service from 12 June 1969 through 14 March 1971. As a result, the Board recommends that all Department of the...
ARMY | BCMR | CY2011 | 20110016615
This publication shows that the 101st Airborne Division Artillery and the 377th Artillery, during the time of the applicant's assignment, were respectfully cited in Department of the Army General Orders (DAGO) Number 43, dated in 1970; and in DAGO Number 48, dated in 1971; for awards of the RVN Gallantry Cross with Palm Unit Citation and the RVN Civil Actions Honor Medal First Class Unit Citation. Records show that the applicant participated in seven campaign periods during his service in...
ARMY | BCMR | CY2004 | 20040011575C070208
The applicant also claims his unit was awarded the RVNGC with Palm Unit Citation, and that he is entitled to the AGCM. However, there are no orders, flight records, or other evidence on file in his Official Military Personnel File (OMPF) that confirms he is entitled to this award. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by awarding him Army Good Conduct Medal; by showing his entitlement to the Air Medal with Numeral...
ARMY | BCMR | CY2012 | 20120002564
Army Regulation 672-5-1 (Awards and Decorations), in effect at the time, provided that the AGCM was awarded to individuals who completed a qualifying period of active duty enlisted service. The designated period of eligibility for service in Korea is 1 October 1966 to 30 June 1974. c. The Korea Defense Service Medal (KDSM) is authorized for award to members of the Armed Forces of the United States who served on active duty in support of the defense of the Republic of Korea. As a result,...
ARMY | BCMR | CY2015 | 20150002719
His records are void of orders showing award of the PH or the Army Good Conduct Medal (AGCM). Army Regulation 672-5-1 (Awards), in effect at the time, stated the AGCM was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940 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. As a result, the Board recommends that all Department of the Army records of...