IN THE CASE OF:	  

		BOARD DATE:  5 February 2013

		DOCKET NUMBER:  AR20120013009 


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 with "V" Device.

2.  He states he was awarded the Bronze Star Medal with "V" Device after he was discharged.

3.  He provides his DD Form 214, Bronze Star Medal Certificate, and a partial copy of orders for award of the Bronze Star Medal with "V" Device.

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.  On 6 April 1967, 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).

3.  His DA Form 20 (Enlisted Qualification Record) shows in:

* item 31 (Foreign Service) – he was credited with service in Vietnam from 23 September 1967 through 17 June 1968
* item 38 (Record of Assignments) – he was assigned to Company D, 3rd Battalion, 12th Infantry, 4th Infantry Division, from 6 October 1967 to 3 June 1968
* item 38 – he received "excellent" conduct and efficiency ratings for two periods and "unknown" or no ratings from 27 August 1967 until he retired

4.  On 4 October 1968, Headquarters, 4th Infantry Division, issued General Orders Number 5416 announcing award of the Bronze Star Medal with "V" Device for his heroism in connection with military operations against an armed hostile force in the Republic of Vietnam on 30 May 1968.

5.  On 1 April 1969, he was retired for permanent disability in the rank/grade of specialist four/E-4.  His DD Form 214 shows he was awarded or authorized the:

* Purple Heart
* Combat Infantryman Badge
* Republic of Vietnam Campaign Medal with Device (1960)
* Vietnam Service Medal
* National Defense Service Medal
* Sharpshooter Marksmanship Qualification Badge with Machine Gun 
(M-60) and Rifle (M-16) Bars
* Expert Marksmanship Qualification Badge with Rifle (M-14) Bar

6.  A review of his record indicates he may be 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 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.  Ratings of "unknown" for portions of the period under consideration were not disqualifying.  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 action during his service.

9.  Army Regulation 600-8-22 (Military Awards) states a bronze service star is worn on the appropriate service ribbon, to include the Vietnam Service Medal, for each credited campaign.  The Vietnam campaigns are listed in appendix B.  His service in Vietnam coincided with three campaigns:

* Vietnam Counteroffensive Phase III (1 June 1967-29 January 1968)
* Tet Counteroffensive (30 January-1 April 1968)
* Vietnam Counteroffensive Phase IV (2 April-30 June 1968)

10.  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 3rd Battalion, 12th Infantry, was cited for award of the:

* Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period October 1966 to 28 July 1969 in Department of the Army General Orders (DAGO) Number 3, dated 1970
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 1 October 1966 to 31 October 1969 in DAGO Number 53, dated 1970

DISCUSSION AND CONCLUSIONS:

1.  Orders awarded the applicant the Bronze Star Medal with "V" Device.  Therefore, he is entitled to correction of his DD Form 214 to show this award.

2.  He was awarded the VSM and he participated in three campaigns while serving in Vietnam.  Therefore, he is entitled to correction of his DD Form 214 to show three bronze service stars for wear on the previously-awarded VSM.

3.  Where recorded, his conduct and efficiency ratings were "excellent," he was promoted to specialist four/E-4, 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 Army Good Conduct Medal (1st Award) based on completion of a qualifying period of active Federal service from 6 April 1967 to 1 April 1969 and to correct his DD Form 214 to show this award.

4.  He served in the 3rd Battalion, 12th Infantry, in Vietnam during a period for which the unit was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation and Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.  Therefore, he is entitled to correction of his DD Form 214 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 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.  awarding him the Army Good Conduct Medal (1st Award) based on completion of a qualifying period of active Federal service from 6 April 1967 to 1 April 1969,

	b.  deleting award of the Vietnam Service Medal from his DD Form 214, and

	c.  adding the following awards to his DD Form 214:

* Bronze Star Medal with "V" Device
* Army Good Conduct Medal (1st Award)
* Vietnam Service Medal with three bronze service stars
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* 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)                                         AR20120013009



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ABCMR Record of Proceedings (cont)                                         AR20120013009



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