BOARD DATE:	  18 April 2013

		DOCKET NUMBER:  AR20120016501 


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 and a second award of the Bronze Star Medal.

2.  The applicant states he was awarded these medals but due to a clerical error they were not added to his DD Form 214 at the time of his discharge.

3.  The applicant provides his DD Form 214, three orders, two certificates, and a letter.

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 enlisted in the Regular Army on 18 August 1969 and he held military occupational specialty (MOS) 11E (Armor Crewman).  He served in Vietnam while assigned as follows:

* 2 March - 24 November 1970, 3rd Squadron, 4th Cavalry, 25th Infantry Division
* 25 November 1970 - 24 March 1971, 1st Squadron, 9th Cavalry, 1st Cavalry Division

3.  General Orders (GO) Number 3847, dated 13 April 1970, issued by Headquarters (HQ), 25th Infantry Division, awarded him the Purple Heart for wounds received in connection with military operations against a hostile force on 10 April 1970.

4.  GO Number 8551, dated 1 August 1970, issued by HQ, 25th Infantry Division, awarded him the Bronze Star Medal [with "V" Device] for heroism in connection with military operations against a hostile force on 22 June 1970. 

5.  GO Number 9659, dated 18 September 1970, issued by HQ, 25th Infantry Division, awarded him the Bronze Star Medal (First Oak Leaf Cluster) for meritorious achievement in Vietnam from 1 July to 31 August 1970.

6.  GO Number 3733, dated 25 February 1971, issued by HQ, 1st Cavalry Division, awarded him the Bronze Star Medal for meritorious service not involving aerial flight in Vietnam from 24 March 1970 to 23 March 1971.

7.  He was honorably released from active duty on 25 March 1971 and he was transferred to the U.S. Army Reserve.  He completed 1 year, 7 months, and 8 days of creditable active service with no lost time.

8.  The DD Form 214 he was issued shows the:

* National Defense Service Medal
* Bronze Star Medal
* Vietnam Service Medal
* Vietnam Campaign Medal

9.  Item 38 (Record of Assignments) of his DA Form 20 (Enlisted Qualification Record) shows he received all "excellent" conduct and efficiency ratings throughout his service.

10.  Item 41 (Awards and Decorations) of his DA Form 20 shows he was awarded the Sharpshooter Marksmanship Qualification Badge with Rifle Bar
(M-16).

11.  His record is void of any derogatory information, convictions by a court-martial, or a commander's disqualification that would have precluded him from being awarded the Army Good Conduct Medal (1st Award).

12.  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.  

13.  Army Regulation 600-8-22 (Military Awards) states:

   a.  The bronze "V" device indicates acts of heroism involving conflict with an armed enemy and authorizes the bronze "V" device in conjunction with awards of the Army Commendation Medal, the Air Medal, and the Bronze Star Medal.  

	b.  Paragraph 2-13 of this regulation contains the regulatory guidance for 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.  A review of his records shows during his service in Vietnam he participated in three campaigns. 

14.  Department of the Army (DA) Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows that at the time of his assignment to the 3rd Squadron, 4th Cavalry, this unit was cited for award of the:

* Republic of Vietnam Gallantry Cross with Palm Unit Citation, for the period 1 May to 28 June 1970 by DAGO Number 55, dated 1971
* Valorous Unit Award, for the period 1 May to 29 June 1970 by DAGO Number 43, dated 1972

DISCUSSION AND CONCLUSIONS:

1.  GO awarded the applicant the Purple Heart and the Bronze Star Medal (3rd Award) with "V" Device, and his records show award of the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16), none of which are shown on his DD Form 214.  Therefore, he is entitled to correction of his DD Form 214 to show these awards and badge.
2.  The evidence of record confirms the applicant served honorably from 18 August 1969 through 25 March 1971.  He served in Vietnam, was awarded the Bronze Star Medal with "V" Device, and he received all "excellent" conduct and efficiency ratings throughout his service.  His record is void of a commander's disqualification or any other derogatory information that would have disqualified him from receiving the Army Good Conduct Medal (1st Award).  Therefore, it would be appropriate to award him this medal and correct his DD Form 214 to show the medal.

3.  His record shows he participated in three campaigns while serving in Vietnam.  Therefore, he is entitled to three bronze service stars for wear on his already-awarded Vietnam Service Medal and correction of his DD Form 214 accordingly.

4.  GO awarded one of his units in Vietnam the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Valorous Unit Award during his period of assignment.  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:

* awarding him the Army Good Conduct Medal (1st Award) for exemplary behavior, efficiency, and fidelity during the period 18 August 1969 through 25 March 1971
* deleting from his DD Form 214 the Bronze Star Medal and the Vietnam Service Medal
* adding to his DD Form 214 the:

* Purple Heart
* Bronze Star Medal (3rd Award) with "V" Device
* Army Good Conduct Medal (1st Award)
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16)
* Vietnam Service Medal with three bronze service stars
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Valorous Unit Award



      _______ _   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)                                         AR20120016501





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ABCMR Record of Proceedings (cont)                                         AR20120016501



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