IN THE CASE OF:	  

		BOARD DATE:	  6 December 2012

		DOCKET NUMBER:  AR20120016027 


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 the:

* Purple Heart
* Army Good Conduct Medal
* Republic of Vietnam Gallantry Cross with Palm Unit Citation

2.  He states, in effect, he earned the awards but his DD Form 214 does not show all his awards. 

3.  The applicant provides his DD Form 214.

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's records show he was inducted into the Army of the United States on 21 December 1965 and he held military occupational specialty 11C (Infantry Indirect Fire Crewmember).  He served in Vietnam from 30 July 1966 to 28 July 1967.  He was assigned to: 

* Company C, 2nd Battalion, 8th Cavalry Regiment, 1st Cavalry Division, from 3 August 1966 to 4 September 1966
* Company C, 1st Battalion, 12th Cavalry, 1st Cavalry Division, from 5 September 1966 to 26 July 1967

3.  General Orders (GO) Number 3489, issued by Headquarters, 1st Cavalry Division, on 11 October 1966 awarded him the Purple Heart for wounds received in action on 3 October 1966.

4.  GO Number 99, issued by Headquarters, 197th Infantry Brigade, Fort Benning, GA, on 7 December 1967, awarded him the Army Good Conduct Medal (1st Award). 

5.  He was honorably released from active duty on 11 December 1967.  His 
DD Form 214 shows the:

* National Defense Service Medal
* Sharpshooter Marksmanship Qualification Badge with Mortar Bar
* Combat Infantryman Badge
* Republic of Vietnam Campaign Medal with Device "1960"
* One overseas service bar
* Air Medal
* Silver Star
* Sharpshooter Marksmanship Qualification badge with Rifle Bar 
* Vietnam Service Medal with two bronze service stars

6.  Army Regulation 600-8-22 (Military Awards), paragraph 2-13, contains the regulatory guidance on the Vietnam Service Medal.  It states 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, campaign participation credit was awarded for the:

* 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
* Vietnam Counteroffensive Phase V, 1 July - 1 November 1968

7.  Department of the Army Pamphlet 672-3 (Unit Citations and Campaign Participation Credit Register) shows during his tenure with various units in Vietnam, these units were cited by Department of the Army General Orders (DAGO) for awards of the:

	a.  Company C, 2nd Battalion, 8th Cavalry (3 August 1966 to 4 September 1966) was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for service from 9 August 1965 to 10 May 1969, based on DAGO Number 59, dated 1969. 

	b.  Company C, 2nd Battalion, 12th Cavalry (5 September 1966 to 26 July 1967) was cited for awards of the Presidential Unit Citation, for valor from 2 to     3 October 1966 based on DAGO Number 47, dated 1968, and the Republic of Vietnam Gallantry Cross with Palm Unit Citation for service from 9 August 1965 to 19 May 1969 based on DAGO Number 56, dated 1969.

8.  Department of the Army Pamphlet 672-3 states not more than one Republic of Vietnam Gallantry Cross with Palm Unit Citation will be worn by any individual.  Although multiple awards of this unit citation are not authorized for wear, official military and historical records will indicate all awards received.  However, in the case of duplicate awards covering the same period of time only one award will be recorded in official military and historical records.

9.  Army Regulation 670-1 (Uniforms and Insignia) governs the requirements for the overseas service bar.  It states a bar is authorized for wear for each period of active Federal service as a member of the U.S. Army outside of the continental limits of the United States for the specific time frames and areas of operation cited in Army Regulation 670-1 or appropriate Department of the Army message. There are special provisions regarding authorization for the overseas service bar for service in a hostile fire zone and for combining service to calculate award of the bars.  For Vietnam service, one overseas service bar was authorized for each period of 6 months active Federal service as a member of a U.S. Service in Vietnam from 1 July 1958 to 28 March 1973.  Both the month of arrival and the month of departure from Vietnam were counted as whole months for credit toward the overseas service bar.


DISCUSSION AND CONCLUSIONS:

1.  GO awarded him the Purple Heart and the Army Good Conduct 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.  GO awarded his units in Vietnam the Presidential Unit Citation and two awards of the Republic of Vietnam Gallantry Cross with Palm Unit Citation - albeit for overlapping periods.  Therefore, he is entitled to correction of his records to show these unit awards.

3.  He was awarded the Vietnam Service Medal.  Additionally, he participated in four campaigns while serving in Vietnam.  Therefore, he is entitled to four in lieu of two bronze service stars to be affixed to the Vietnam Service Medal.

4.  He arrived in Vietnam in July 1967 and departed in July 1968.  This period of service qualifies him for two overseas service bars.  Therefore, he is entitled to two overseas service bars in lieu of the one shown on his DD Form 214 and correction of his DD Form 214 to show such.

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:

* deleting from his DD Form 214 the overseas service bar and the Vietnam Service Medal with two bronze service stars
* 
adding to his DD Form 214 the Purple Heart, Army Good Conduct Medal, Vietnam Service Medal with four bronze service stars, Presidential Unit Citation, two overseas service bars, and Republic of Vietnam Gallantry Cross with Palm 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)                                         AR20120016027





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ABCMR Record of Proceedings (cont)                                         AR20120016027



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