IN THE CASE OF:	  

		BOARD DATE:	  9 May 2013

		DOCKET NUMBER:  AR20120019439 


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 military records and his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) by:

	a.  correcting his social security number (SSN) on General Orders Number 10407, 1st Cavalry Division, dated 26 August 1969;

	b.  issuing him a corrected copy of his Silver Star certificate, dated 26 August 1969; and

	c.  adding this Silver Star to his DD Form 214.

2.  The applicant states the orders for his second Silver Star were not available at the time of his release from active duty.

3.  The applicant provides copies of:

* DD Form 214
* General Orders Number 6179, Headquarters, 1st Cavalry Division, dated 20 May 1969
* Certificate for award of the Silver Star, dated 20 May 1969
* General Orders Number 10407, Headquarters, 1st Cavalry Division, dated 26 August 1969
* Certificate for award of the Silver Star, dated 26 August 1969


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 27 February 1968, the applicant was inducted into the Army of the United States.  He completed his initial training and was awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman).

3.  Special Orders Number 141, Fort McClellan, AL, dated 10 June 1968, as filed in his Army Military Human Resource Record (AMHRR), announced the applicant's award of the Sharpshooter Marksmanship Qualification Badge with Rifle Bar.  These orders show the first three digits of his SSN as 408.

4.  Special Orders Number 153, Fort McClellan, AL, dated 24 June 1968, as filed in the applicant's AMHRR, announced his award of the Sharpshooter (First Class Gunner) Marksmanship Qualification Badge with Machinegun Bar.  These orders show the first three digits of his SSN as 408.

5.  On 24 October 1968, the applicant departed Fort Benning, GA for duty in the Republic of Vietnam (RVN).  The applicant's DA Form 20 (Enlisted Qualification Record) shows:

	a.  on 8 December 1968, he was assigned as a rifleman with Company D, 2nd Battalion, 7th Cavalry Regiment;

	b.  on 2 January 1969, he was transferred to Company E of the same battalion; and

	c.  Item 38 (Record of Assignments) shows he received "excellent" conduct and efficiency ratings except for a 2-month period when he was a student noncommissioned officer candidate, which are shown as “unknown.”

6.  General Orders Number 6179, Headquarters, 1st Cavalry Division, dated 
20 May 1969, as filed in the applicant's AMHRR, announced his award of the Silver Star for gallantry in action on 12 May 1969.  These orders show the first three digits of his SSN as 408.

7.  General Orders Number 10407, 1st Cavalry Division, dated 20 May 1969, as filed in the applicant's AMHRR, announced his award of the Silver Star for gallantry in action on 9 May 1969.  These orders show the first three digits of his SSN as 402.

8.  On 28 November 1969, the applicant departed the RVN and returned to the United States.

9.  On 3 December 1969, the applicant was released from active duty and transferred to the U.S. Army Reserve Control Group (Annual Training).  He had attained the rank of staff sergeant, pay grade E-6 and had completed 1 year, 
9 months, and 7 days of creditable active duty service.

10.  The applicant's DD Form 214 shows the first three digits of his SSN as 408 and lists his awards as:

* National Defense Service Medal
* Vietnam Service Medal
* Vietnam Campaign Medal
* Silver Star
* Bronze Star Medal
* Air Medal
* Combat Infantryman Badge
* Purple Heart

11.  Review of the applicant's records indicates entitlement to additional awards and decorations that are not shown on his DD Form 214.

12.  Army Regulation 600-8-22 (Military Awards) shows that based on the applicant's dates of service in the RVN, he participated in the following four campaign periods: the Vietnam Counteroffensive, Phase VI; the Tet 69 Counteroffensive; the Vietnam Summer-Fall 1969; and the Vietnam Winter-Spring 1970.   This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.

13.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in the Republic of Vietnam.  This publication shows that the 2nd Battalion, 7th Cavalry Regiment, during the time of the applicant's assignment was cited in Department of the Army General Orders (DAGO) Number 11, dated 1973, for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation; and in DAGO Number 42, dated 1972, for award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.

14.  Army Regulation 672-5-1 (Awards), in effect at the time, provided that the Army Good Conduct Medal was awarded to enlisted Soldiers who had completed a qualified period of active duty enlisted service.  This period is 3 years except in those cases when the period for the first award ends 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.  Ratings of "unknown" for portions of the period under consideration are not disqualifying.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends his DD Form 214 and military records should be amended by:

	a.  correcting his social security number (SSN) on General Orders Number 10407, Headquarters, 1st Cavalry Division, dated 26 August 1969;

	b.  issuing him a corrected copy of his Silver Star certificate, dated 26 August 1969; and

	c.  adding this Silver Star to his DD Form 214.

2.  General orders clearly show that the applicant was twice awarded the Silver Star, for his gallantry in action on 9 May and again on 12 May 1969.  Therefore, both of these awards should be shown on his DD Form 214.

3.  The evidence of record clearly shows that the first three digits of the applicant's SSN are 408.  However, the orders and award certificate for the Silver Star, dated 26 August 1969 incorrectly show these digits as 402.  Therefore, the orders should be amended to correct his SSN and a new award certificate should be issued to him.

4.  The applicant’s records clearly show that he distinguished himself in the performance of his military service as evidenced by his attaining the rank of staff sergeant, receiving multiple personal decorations for valor and meritorious service, and achieving "excellent" conduct and efficiency ratings.  Therefore, it is presumed that his not receiving an Army Good Conduct Medal for his service was an oversight.  Accordingly, he should be awarded this medal.

5.  Records show that the applicant participated in four campaign periods during his service in the RVN.  Therefore, he is eligible for award of four bronze service stars to be affixed to his already-awarded Vietnam Service Medal.

6.  Records show that the applicant's unit was cited in general orders for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.  Therefore, his records should be corrected to show these foreign unit awards.

7.  Special orders show the applicant was awarded the Sharpshooter Marksmanship Qualification Badge with Rifle and Machinegun Bars.  Therefore, his records should be corrected to show this badge.

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.  amending General Orders Number 10407, Headquarters, 1st Cavalry Division, dated 26 August 1969, to show his social security number as indicated on his DD Form 214;

	b.  issuing him a new Silver Star Certificate for his gallant action on 9 May 1969;

	c.  awarding him the Army Good Conduct Medal for the period 27 February 1968 to 3 December 1969;

	d.  deleting from his DD Form 214 the Vietnam Service Medal and Silver Star; and

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

* Silver Star (two awards)
* Army Good Conduct Medal
* Vietnam Service Medal with four bronze service stars
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation
* Sharpshooter Marksmanship Qualification Badge with Rifle and Machinegun Bars



      ____________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)                                         AR20120019439





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ABCMR Record of Proceedings (cont)                                         AR20120019439



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