IN THE CASE OF:	   

		BOARD DATE:	  25 June 2013

		DOCKET NUMBER:  AR20120020492 


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 all awards, including the:

* Bronze Star Medal (BSM)
* Purple Heart (PH)
* Air Medal (AM)
* Army Commendation Medal (ARCOM)

2.  The applicant states:

* he received the medals and would like them noted on his DD Form 214 for personal reasons
* at the time of discharge, he only wanted out of the Army and as time went by, he realized the importance of the awards
* he is now 100 percent disabled due to service-connected disabilities

3.  The applicant provides:

* BSM Certificate
* PH Certificate
* AM Certificate
* ARCOM Certificate


* DD Form 214
* letter from the Department of Veterans Affairs (VA), dated 17 August 2012

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 22 August 1969.  He completed training and he was awarded military occupational specialty 11B (Light Weapons Infantryman).

3.  Special Orders (SO) Number 281 issued by Headquarters, U.S. Army Training Center (Infantry), Fort Bragg, NC, dated 8 October 1969, awarded him the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14).

4.  Headquarters, U.S. Army School/Training Center, Fort McClellan, AL, issued:

* SO Number 263, dated 4 December 1969, awarding him the Marksman Marksmanship Qualification Badge with (Automatic) Rifle Bar (M-16)
* SO Number 269, dated 12 December 1969, awarding him the First Class Gunner (Sharpshooter) Marksmanship Qualification Badge with Machinegun Bar (M-60)

5.  The applicant's DA Form 20 (Enlisted Qualification Record) shows in:

* Item 38 (Record of Assignments) he was assigned to:

*	567th Transportation Company, Vietnam – 26 January to 26 April 1970
*	15th Adjutant General Replacement Detachment, 1st Cavalry Division (Airmobile), Vietnam – 29 April to 12 May 1970
*	2d Battalion, 12th Cavalry Regiment, 1st Cavalry Division (Airmobile), Vietnam – 13 May to 21 June 1970
* 249th General Hospital, Japan in a patient status – 22 June 1970
* Charleston Naval Hospital, Charleston, SC in a patient status – 
22 June 1970

* Item 38, he received all "excellent" conduct and efficient ratings throughout his active duty service
* Item 40 (Wounds) the entry fragment wound, right arm, right leg – 
18 June 1970
* Item 41 (Awards and Decorations) the:

* National Defense Service Medal (NDSM)
* Vietnam Service Medal (VSM)
* Sharpshooter Marksmanship Qualification Badge with Machinegun Bar (M-60)
* Marksman Marksmanship Qualification Badge with (Automatic) Rifle Bar (M-16)
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)

6.  Headquarters, 1st Cavalry Division (Airmobile), issued two general orders (GO) pertaining to the applicant for actions in Vietnam on 18 June 1970:

* GO Number 10579, dated 20 June 1970, awarding him the ARCOM with "V" Device for heroism in Vietnam on 18 June 1970
* General Orders Number 13720, dated 29 July 1970, awarding him the Bronze Star Medal with "V" Device for heroism on 18 June 1970

7.  On 20 August 1971, the applicant was honorably released from active duty at the expiration of his term of service.  He completed 1 year, 11 months, and
29 days of total active service.  The DD Form 214 he was issued at the time shows he was awarded or authorized the:

* NDSM
* VSM with one bronze service star

8.  A review of the Awards and Decorations Computer-Assisted Retrieval System (ADCARS), an index of general orders issued during the Vietnam era between 1965 and 1973 maintained by the Military Awards Branch of the United States Army Human Resources Command, failed to reveal any orders for the AM or PH pertaining to the applicant.


9.  The applicant provides a copy of his DD Form 214 and copies of his BSM, PH, AM, and ARCOM Certificates.  He also provides a copy of his VA rating decision letter that shows he is considered totally and permanently disabled due to service-connected disabilities and he was given a 100 percent disability rating.

10.  A review of his record indicates he is entitled to additional awards not shown on his DD Form 214.

11.  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 first award of the Army Good Conduct Medal.

12.  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; 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.  

13.  Army Regulation 600-8-22 (Military Awards) provides Department of the Army policy, criteria, and administrative instructions concerning individual military decorations, service medals and ribbons, unit decorations, and similar devices awarded in recognition of accomplishments

	a.  Paragraph 2-13 contains the regulatory guidance on 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.  Appendix B shows that during his service in Vietnam, the applicant participated in the following two campaigns:

* Vietnam Winter-Spring 1970 (1 November 1969 - 30 April 1970)
* DA Sanctuary Counteroffensive (1 May 1970 – 30 June 1970)

	b.  The Republic of Vietnam Campaign Medal with Device (1960) was awarded by the Government of Vietnam to all members of the Armed Forces of the United States for qualifying service in Vietnam during the period 1 March 1961 through 28 March 1973.  Qualifying service included assignment in Vietnam for 6 months or more.  Individuals who qualified for award of the Vietnam Service Medal and served for less than 6 months of service are also entitled to award of the Republic of Vietnam Campaign Medal with Device (1960) if they were:


* wounded as a result of hostile action
* captured by hostile forces but later escaped or were rescued or released
* killed in action or otherwise in line of duty

	c.  Paragraph 1-19 (Duplication of Awards) states only one decoration will be awarded to an individual or unit for the same act, achievement, or period of meritorious service.

14.  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, 12th Cavalry Regiment, was cited for award of the:

	a.  Valorous Unit Award for the period 1 May through 29 June 1970 by Department of the Army General Order (DAGO) Number 43, dated 1972.

	b.  Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 21 February 1970 through 28 February 1971 by DAGO Number 42, dated 1972.  

15.  The Air Medal is awarded in time of war for heroism and for meritorious achievement or service while participating in aerial flight.  This award is primarily intended for personnel on flying status but may also be awarded to those personnel whose combat duties require them to fly; for example, personnel in the attack elements of units involved in air-land assaults against an armed enemy.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

16.  Army Regulation 600-200 (Enlisted Personnel Management), chapter 9, of the version in effect at the time, stated that a brief description of wounds or injuries (including injury from gas) requiring medical treatment received through hostile or enemy action, including those requiring hospitalization would be entered in Item 40 of the DA Form 20.  This regulation further stated that the date the wound or injury occurred would also be placed in Item 40.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request for correction of his DD Form 214 to show award of the BSM, PH, AM, and ARCOM was carefully considered.

2.  General orders awarded the applicant the BSM and the ARCOM, both with "V" Device for heroism in Vietnam on 18 June 1970.  It appears both awards 


were awarded for the same act and period of service, and the ARCOM may have been an interim award.  Since the governing Army regulation prohibits multiple personal awards for the same act, achievement, or period of meritorious service he is only entitled to one of the awards.  Therefore, his DD Form 214 should be corrected to show the BSM with "V" Device.

3.  Special orders awarded the applicant the Sharpshooter Marksmanship Qualification Badge with Rifle (M-14) Bar and Machinegun (M-60) Bar and the Marksman Marksmanship Qualification Badge with Automatic Rifle (M16) Bar.  Therefore, his DD Form 214 should be corrected to show these marksmanship qualification badges.

4.  Although orders are not available awarding the applicant the PH, he provides a copy of his PH Certificate.  Further, his DA Form 20 shows he incurred fragment wounds to his right arm and left leg on 18 June 1970 that resulted in his patient status and reassignment to the 249th General Hospital in Japan.  Therefore, it would be appropriate at this time to correct his DD Form 214 to show this award.

5.  The evidence of record shows he received all "excellent" conduct and efficiency ratings throughout his active duty service.  There is no evidence of any derogatory information or a commander's disqualification that would have precluded him from being recommended for or awarded the first award of the Army Good Conduct Medal.  Therefore, he should be awarded the Army Good Conduct Medal (1st Award) for the period 22 August 1969 through 20 August 1971 and his DD Form 214 should be corrected to show this award.

6.  Evidence shows the applicant participated in two campaigns during his service in Vietnam that entitles him to two bronze service stars for wear on his already-awarded Vietnam Service Medal.  Therefore, his DD Form 214 should be corrected to show these bronze service stars.

7.  The applicant served during a qualifying period of service for entitlement to the Republic of Vietnam Campaign Medal with Device (1960).  Therefore, his
DD Form 214 should be corrected to show this award.

8.  The applicant's unit in Vietnam was cited for award of the RVN 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.


9.  Unfortunately, the AM Certificate provided by the applicant does not confirm a proper authority published orders announcing award of the AM to him.  Additionally, the available records do not contain any documentation confirming his service met the AM criteria in effect at the time.  In the absence of such documentation, there is an insufficient evidentiary basis for adding the AM to his DD Form 214.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____x___  ____x___  ____x___  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant a recommendation for partial 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 Vietnam Service Medal with one bronze service star;

	b.  awarding him the Army Good Conduct Medal (1st Award) for the period 11 August 1969 through 20 August 1971; and

	c.  adding to his DD Form 214 the:

* Bronze Star Medal with "V" Device
* Purple Heart
* Army Good Conduct Medal (1st Award)
* Vietnam Service Medal with two bronze service stars
* Valorous Unit Award
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Campaign Medal with Device (1960)
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)
* Sharpshooter Marksmanship Qualification Badge with Machinegun Bar (M-60)


* Marksman Marksmanship Qualification Badge with Automatic Rifle Bar (M-16)

2.  The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to adding the Air Medal and the Army Commendation Medal with "V" Device to his DD Form 214.



      _____________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)                                         AR20120020492



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ABCMR Record of Proceedings (cont)                                         AR20120020492



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