IN THE CASE OF:	  

		BOARD DATE:	  4 June 2013

		DOCKET NUMBER:  AR20120019742 


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 his award of the Bronze Star Medal with "V" Device and additional awards of the Air Medal.

2.  The applicant states:

* the above-mentioned awards were not included on his DD Form 214
* his record needs to be corrected to reflect the correct status of his awards

3.  The applicant provides:

* his DD Form 214
* General Orders Number 51, issued by Headquarters, 101st Airborne Division, dated 5 January 1970

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 enlisted in the Regular Army on 27 February 1968 for a period of 3 years.  He completed his training and he was awarded military occupational specialty 11B (light weapons infantryman).

3.  His DA Form 20 (Enlisted Qualification Record) shows he departed the United States en route to Vietnam on 7 February 1969.  On 19 March 1969, he was assigned to Company D, 2nd Battalion, 506th Infantry.  He remained with this unit in Vietnam until 2 March 1970 when he departed en route to Fort Hood, TX.

4.  On 8 January 1971, he was honorably released from active duty to enter or return to school.  He attained the rank/grade of staff sergeant (SSG)/E-6.  He completed 2 years, 10 months, and 12 days of total active service with no time lost.

5.  His DD Form 214 shows he was awarded or authorized the:

* National Defense Service Medal
* Vietnam Service Medal with three bronze service stars
* Republic of Vietnam Campaign Medal with Device (1960)
* Combat Infantryman Badge
* Parachutist Badge
* Purple Heart
* Army Commendation Medal
* Air Medal
* Republic of Vietnam Gallantry Cross with Palm Unit Citation 
* Expert Marksmanship Qualification Badge with Rifle Bar
* 1st Class Gunner (Sharpshooter Marksmanship Qualification Badge with Machinegun Bar) (M-60)

6.  General Orders Number 8972, issued by Headquarters, 101st Airborne Division, dated 17 July 1969, awarded him the Air Medal for meritorious achievement while participating in aerial flight during the period 17 January to
18 May 1969.


7.  General Orders Number 51, issued by the same headquarters, dated
5 January 1970, awarded him the Bronze Star Medal with "V" Device for heroism in Vietnam on 28 July 1969.

8.  General Orders Number 3057, issued by the same headquarters, dated
20 March 1970, awarded him the Air Medal (2nd Award) for meritorious achievement while participating in aerial flight during the period 1 November 1969 to 1 January 1970. 

9.  There is no evidence the applicant received the first award of the Army Good Conduct Medal.  There is no evidence of any disciplinary actions or a commander's disqualification that would have precluded him from being recommended for or awarded the Army Good Conduct Medal.  Item 38 (Record of Assignments) of his DA Form 20 shows he received all "excellent" conduct and efficiency ratings throughout his service.

10.  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.  There must have been no convictions by a court-martial.

11.  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 2nd Battalion, 506th Infantry was cited for award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 3 October 1968 through 2 May 1970 by Department of the Army General Order (DAGO) Number 48, dated 1971.

12.  Department of the Army Pamphlet 672-3 also shows Company D, 
2nd Battalion, 506th Infantry was cited for award of the Presidential Unit Citation for the period 10-21 May 1969 by DAGO 16, dated 1972.

13.  Army Regulation 600-8-22 (Military Awards) provides that Arabic numerals are now used instead of oak leaf clusters for the second and succeeding awards of the Air Medal.  The ribbon denotes the first award and numerals starting with the numeral 2 denote the number of additional awards.


DISCUSSION AND CONCLUSIONS:

1.  The applicant's DD Form 214 shows one award of the Air Medal.  However, general orders awarded him two awards of the Air Medal.  Therefore, his
DD Form 214 should be corrected to show the Air Medal with Numeral 2.

2.  General orders awarded him the Bronze Star Medal with "V" Device.  Therefore, his DD Form 214 should be corrected to show this award.

3.  He was honorably released from active duty in the rank of staff sergeant with 34 months of total active service and no time lost.  He received all "excellent" conduct and efficiency ratings throughout his service and there was no evidence of any disciplinary actions or a commander's disqualification that would have precluded him from being recommended for or awarded the Army Good Conduct Medal.  Therefore, it would be appropriate at this time to award him the Army Good Conduct Medal (1st Award) for the period 27 February 1968 through
8 January 1971 and to correct his DD Form 214 to show this award.

4.  His unit in Vietnam was cited for the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation and the Presidential Unit Citation 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:

	a.  deleting from his DD Form 214 the Air Medal;


	a.  awarding him the Army Good Conduct Medal (1st Award) for the period
27 February 1968 through 8 January 1971; and

	c.  adding to his DD Form 214 the:

* Bronze Star Medal with "V" Device
* Air Medal with Numeral 2
* Army Good Conduct Medal (1st Award)
* Presidential 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)                                         AR20120019742



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ABCMR Record of Proceedings (cont)                                         AR20120019742



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