BOARD DATE:	  2 May 2013

		DOCKET NUMBER:  AR20120018157 


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 Silver Star.

2.  He states the "SS" was interpreted as sharpshooter instead of Silver Star. 

3.  He provides a Silver Star Certificate. 

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.  His military records show he was inducted into the Army of the United States on 25 October 1967.  He was awarded the military occupational specialty of 11B (Light Weapons Infantryman).  He was promoted to the rank of staff sergeant (SSG)/pay grade E-6.
3.  His DA Form 20 (Enlisted Qualification Record) shows in: 

* item 31 (Foreign Service) service in Vietnam from 24 September 1968 until his release from active duty
* item 38 (Record of Assignments) during his service in Vietnam he was assigned to Company B, 1st Battalion, 5th Infantry Regiment, 25th Infantry Division, from 2 October 1968 until his release from active duty
* item 41 (Awards and Decorations) the Silver Star and Combat Infantryman Badge 

4.  Special Orders Number 348, dated 13 December 1968, issued by Headquarters, 25th Infantry Division awarded him the Combat Infantryman Badge.

5.  General Orders Number 1095, dated 4 February 1969, issued by Headquarters, 25th Infantry Division, awarded him the Bronze Star Medal with "V" Device for heroism in connection with military operations against a hostile force on 20 December 1968.

6.  General Orders Number 10496, dated 16 August 1969, issued by Headquarters, 25th Infantry Division, awarded him the Silver Star for gallantry in action.  He distinguished himself by heroic actions on 28 July 1969 while serving as a platoon sergeant.

7.  On 17 September 1969, he was honorably released from active duty as an overseas returnee after completing 1 year, 10 months, and 23 days of active service.  His DD Form 214 shows he was awarded or authorized the:

* National Defense Service Medal
* Bronze Star Medal (3rd Award)
* Purple Heart (2nd Award) 
* Republic of Vietnam (RVN) Campaign Medal with 1960 Device
* Vietnam Service Medal (VSM)
* "Sharpshooter"

8.  A review of his record indicates entitlement to additional awards not listed on his DD Form 214.

9.  His records are void of any orders or other documents that indicate he was ever recommended for or awarded the Army Good Conduct Medal (AGCM) by proper authority.  His DA Form 20 shows he had all "excellent" conduct and efficiency ratings throughout his service.  There are no adverse actions recorded in the available records and no disqualification by his chain of command.
10.  Army Regulation 672-5-1 (Military Awards), in effect at the time, required that the enlisted person must have had all "excellent" conduct and efficiency ratings and no convictions by a court-martial throughout a qualifying period of service for award of the AGCM.  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 of less than 3 years but more than 1 year.

11.  Appendix B of Army Regulation 600-8-22 (Military Awards) shows the campaigns for Vietnam and states a bronze service star will be awarded for wear on the VSM for participation in each campaign.  During his tour of duty in Vietnam participation credit was awarded for the following campaigns:

* Vietnam Counteroffensive Phase V (1 July-1 November 1968)
* Vietnam Counteroffensive Phase VI (2 November 1968-22 February 1969) 
* Tet 69/Counteroffensive (23 February-8 June 1969) 
* Vietnam Summer - Fall 1969 (9 June-31 October 1969) 

12.  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 5th Infantry Regiment, 25th Infantry Division was cited for award of the:

* RVN Gallantry Cross with Palm Unit Citation for the period 1 September 1968 through 30 September 1970 by Department of the Army General Order (DAGO) Number 5, dated 1973
* RVN Civil Actions Honor Medal First Class Unit Citation for the period 1 January 1966 through 21 January 1970 by DAGO Number 51, dated 1971 as amended by DAGO Number 9, dated 1979

DISCUSSION AND CONCLUSIONS:

1.  General orders awarded him the Silver Star.  Therefore, he is entitled to have this award added to his DD Form 214.

2.  General orders awarded him the Bronze Star Medal with "V" Device.  Therefore, he is entitled to have his DD Form 214 corrected to show the Bronze Star Medal (3d Award) with "V" Device.

3.  Special orders awarded him the Combat Infantryman Badge.  Therefore, he is entitled to have this badge added to his DD Form 214.

4.  He completed a period of qualifying service ending with the termination of a period of Federal military service.  He had "excellent" conduct and efficiency ratings throughout his service.  There is no record of any disciplinary action taken against him or disqualification by his chain of command.  The fact that he achieved the rank of SSG and received an award for heroism depicts his actions and service as honorable.  Therefore, it would be appropriate to award him the AGCM for the period 25 October 1967 through 17 September 1969 and to add this award to his DD Form 214.

5.  He participated in four campaigns during his service in Vietnam which entitles him to four bronze service stars for wear on his already-awarded VSM.  As such, his DD Form 214 should be corrected to show these bronze service stars.

6.  His unit in Vietnam was cited for award of the RVN Gallantry Cross with Palm Unit Citation and RVN Civil Actions Honor Medal First Class Unit Citation during his period of assignment.  Therefore, his DD Form 214 should be corrected to show these unit awards.

7.  As such, his records should be corrected as recommended below.

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 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) for the period 25 October 1967 through 17 September 1969;

	b.  deleting the Bronze Star Medal (3d Award) and VSM from his DD Form 214; and

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

* Silver Star
* Bronze Star Medal (3d Award) with "V" Device
* Combat Infantryman Badge
* AGCM (1st Award)
* VSM with four bronze service stars
* 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)                                         AR20120018157



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20120018157



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1