IN THE CASE OF:	

		BOARD DATE:	    2 July 2013

		DOCKET NUMBER:  AR20120019770


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 Vietnam Service Medal, Air Medal (1st Oak Leaf Cluster), Army Commendation Medal (ARCOM) (3rd Oak Leaf Cluster with "V" Device), and the Combat Infantryman Badge.

2.  The applicant states these awards are not reflected on his DD Form 214.

3.  The applicant provides the following in support of his request:

* an extract of Army Regulation 600-8-22 (Military Awards), paragraph 2-13, pertaining to the Vietnam Service Medal 
* an Air Medal award certificate, dated 4 November 1968 (with corresponding citation)
* General Orders Number 5837, issued by Headquarters, 9th Infantry Division, dated 22 May 1969, Award of the Air Medal (1st Oak Leaf Cluster), (with corresponding citation)
* General Orders Number 4138, issued by Headquarters, 9th Infantry Division, dated 7 April 1969, Award of the ARCOM with "V" Device (with corresponding ARCOM certificate)
* General Orders Number 4160, issued by Headquarters, 9th Infantry Division, dated 7 April 1969, Award of the ARCOM (with corresponding citation and ARCOM certificate)
* General Orders Number 5179, issued by Headquarters, 9th Infantry Division, dated 1 May 1969, Award of the ARCOM (3rd Oak Leaf Cluster), (with corresponding citation and ARCOM 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.  The applicant was inducted into the Army of the United States on                  13 December 1967.  He completed initial entry training and was awarded military occupational specialty (MOS) 11B (light weapons infantryman).  The highest rank/grade he attained during his period of service was specialist four (SP4)/E-4.

3.  Item 31 (Foreign Service) of his DA Form 20 (Enlisted Qualification Record) shows he served in the Republic of Vietnam from on or about 25 May 1968 through on or about 14 May 1969.  During this period of service he was assigned to Company A, 2nd Battalion, 39th Infantry Regiment, 9th Infantry Division.

4.  General Orders Number 10471, issued by Headquarters, 9th Infantry Division, dated 22 May 1969, awarded him the Air Medal for meritorious achievement while participating in aerial flight, during the period from 8 June 1968 through    18 October 1968

5.  General Orders Number 5837, issued by Headquarters, 9th Infantry Division, dated 22 May 1969, awarded him the Air Medal (1st Oak Leaf Cluster) for meritorious achievement while participating in aerial flight, during the period from 10 January 1969 through 25 March 1969.

6.  On 12 December 1969, he was released from active duty at the completion of his required period of active service.  His DD Form 214 shows he was awarded or authorized the National Defense Service Medal. 

7.  On 6 November 2012, a DD Form 215 (Correction to DD Form 214, Certificate of Release or Discharge from Active Duty) was prepared to correct errors or omissions from his DD Form 214.  Specifically, item 24 of his DD Form 214 was amended to add the following awards:

* ARCOM (3rd Oak Leaf Cluster with "V" Device)
* Air Medal
* Combat Infantryman Badge
* Vietnam Service Medal with 4 bronze service stars
* Republic of Vietnam Campaign Medal with Device (1960)
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar
* 2 overseas service bars

8.  A review of the applicant's records indicates he is entitled to additional awards which are not shown on his DD Form 214.

9.  His available records are void of any orders or other documents that indicate he was ever recommended for or awarded the Army Good Conduct Medal by proper authority.  However, there is no evidence of any disciplinary or derogatory information, or a commander's disqualification statement, which would have precluded him from being recommended for or awarded the first award of the Army Good Conduct Medal.  He had all “excellent” conduct and efficiency ratings.

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 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, and 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, 39th Infantry Regiment, the unit to which the applicant was assigned during his service in the Republic of Vietnam, was cited for award of the:

* Presidential Unit Citation, for the period 7 March through  22 June 1968, by Department of the Army General Orders (DAGO) Number 60, dated 1969
* Republic of Vietnam Gallantry Cross with Palm Unit Citation, for service during the period 1 December 1966 through 30 June 1968, by DAGO Number 31, dated 1969
* Republic of Vietnam Gallantry Cross with Palm Unit Citation (2nd Award), for service during the period 1 July 1968 through 13 November 1968, by DAGO Number 31, dated 1969
* Republic of Vietnam Gallantry Cross with Palm Unit Citation (3rd Award), for service during the period 1 January 1969 through 30 June 1969, by DAGO Number 59, dated 1969
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, for service during the period 19 December 1966 through 28 June 1969, by DAGO Number 59, dated 1969

12.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) states not more than one Republic of Vietnam Gallantry Cross 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.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request for correction of his DD Form 214 to show the Vietnam Service Medal, Air Medal (1st Oak Leaf Cluster), ARCOM (3rd Oak Leaf Cluster with "V" Device), and the Combat Infantryman Badge was carefully considered.

2.  The evidence of record shows a DD Form 215 was prepared to correct errors or omissions from his DD Form 214.  This DD Form 215 corrected his DD Form 214 by adding the Vietnam Service Medal, a single award of the Air Medal, the ARCOM (3rd Oak Leaf Cluster with "V" Device), and the Combat Infantryman Badge.  Accordingly, those portions of the applicant's request have already been granted.  A copy of this DD Form 215 will again be provided to him.

3.  General orders awarded the applicant two separate awards of the Air Medal, only one of which is represented on his DD Form 215.  Therefore, it would be appropriate to further amend his DD Form 214 to show his second award of the Air Medal.

4.  There is no evidence in his record that shows he was previously recommended for or awarded the Army Good Conduct Medal.  However, neither is there evidence that shows he was convicted by court-martial, or that he received nonjudicial punishment under Article 15, Uniform Code of Military Justice (UCMJ) at any time during his period of active military service.  His record does not reflect any unfavorable ratings.  


5.  He served 2 years on active duty, of which 1 year was spent in combat, and in that time he received four awards of the ARCOM, two awards of the Air Medal, and the Combat Infantryman Badge.  Furthermore, he was honorably released from active duty, he had no lost time, and he had all “excellent” conduct and efficiency ratings.  It appears he met the criteria for the first award of the Army Good Conduct Medal.  Any doubt should be ruled in his favor and he should be awarded the Army Good Conduct Medal as a matter of equity

6.  His unit of assignment in the Republic of Vietnam was cited for award of the Presidential Unit Citation, Republic of Vietnam Gallantry Cross with Palm Unit Citation (3rd Award), and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation during his period of assignment.  These unit awards are not reflected on either his DD Form 214 or DD Form 215; therefore, his DD Form 214 should be further amended to show them.

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:

   a. deleting from his DD Form 214 the Republic of Vietnam Gallantry Cross with Palm Unit Citation;

   b. awarding him the Army Good Conduct Medal (1st Award) for the period  13 December 1967 through 12 December 1969;

c. amending item 24 of his DD Form 214 by adding the:
* 
Air Medal (2nd Award)
* Army Good Conduct Medal (1st Award)
* Presidential Unit Citation
* Republic of Vietnam Gallantry Cross with Palm Unit Citation (3rd Award)
* 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)                                         AR20100015543



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ABCMR Record of Proceedings (cont)                                         AR20120019770



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