IN THE CASE OF:	  

		BOARD DATE:	  18 June 2013

		DOCKET NUMBER:  AR20120020814 


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 of his authorized awards and decorations.

2.  The applicant makes no additional statement.

3.  The applicant provides a copy of his DD Form 214.

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 (RA) on 20 September 1967.  He held military occupational specialty 12B (Combat Engineer).

3.  His record contains a DA Form 20 (Enlisted Qualification Record) that shows in:

	a.  Item 38 (Record of Assignments) he served with the following units during his tour of duty in Vietnam:

* Company A, 4th Engineer Battalion, 4th Infantry Division, 11 June 1969 to 4 April 1970
* Company C, 4th Engineer Battalion, 4th Infantry Division, from 5 April 1970 to 26 May 1970

	b.  Item 38 also shows he received all "excellent" conduct and efficiency ratings throughout his service.

4.  His record is void 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.

5.  On 29 May 1970, he was honorably released from active duty as an overseas returnee and he was transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement) to complete his remaining service obligation.  He completed 2 years, 8 months, and 10 days of creditable active service with no time lost.

6.  The DD Form 214 he was issued at the time shows he was awarded or authorized the:

* National Defense Service Medal
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-14)
* 2 Overseas Service Bars

7.  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 U.S. Army Human Resources Command, contains General Orders Number 2030, issued by Headquarters, 4th Infantry Division, dated 1 April 1970, that awarded the applicant the Bronze Star Medal for meritorious service in connection with military operation against an armed hostile force in Vietnam from May 1969 to May 1970.

8.  Army Regulation 672-5-1 (Military Awards), in effect at the time, provided that the Army Good Conduct Medal was awarded to individuals who completed a qualified period of active duty enlisted service.  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.  The enlisted person must have had all "excellent" conduct and efficiency ratings and no convictions by a court-martial.

9.  Army Regulation 600-8-22 (Military Awards), paragraph 2-13, contains the regulatory guidance for the Vietnam Service Medal.  It states a bronze service star is authorized for each Vietnam campaign.  A review of his records shows that during his service in Vietnam he participated in the following four campaigns:

* Tet 69 Counteroffensive, 1969 (23 February - 8 June 1969)
* Vietnam Summer - Fall 1969 (9 June - 31 October 1969)
* Vietnam Winter - Spring 1970 (1 November 1969 - 30 April 1970)
* Sanctuary Counteroffensive (1 May - 30 June 1970)

10.  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 4th Engineer Battalion, 4th Infantry Division was cited for award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 1 October 1966 through 31 October 1969 by Department of the Army General Order Number 53, dated 1970.

DISCUSSION AND CONCLUSIONS:

1.  The applicant requests correction of his DD Form 214 to show all of his authorized awards and decorations.

2.  General orders awarded the applicant the Bronze Star Medal for service in Vietnam from May 1969 to May 1970.  Therefore, his DD Form 214 should be corrected to show this award.

3.  Evidence of record shows he served honorably from 20 September 1967 through 29 May 1970.  He received all "excellent" conduct and efficiency ratings throughout his military service.  His record is void of any disciplinary actions or a commander's disqualification that would have precluded him from receiving the first award of the Army Good Conduct Medal.  Therefore it would be appropriate at this time to award him the Army Good Conduct Medal (1st Award) and to correct his DD Form 214 to show this award.

4.  He participated in four campaigns during his service in Vietnam that entitles him to four 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.

5.  His unit in Vietnam was cited for award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation during his period of assignment.  Therefore, his DD Form 214 should be corrected to show this unit award.

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 Vietnam Service Medal;

	b.  awarding him the Army Good Conduct Medal (1st Award) for the period
20 September 1967 through 29 May 1970; and

	c.  adding to his DD Form 214 the:

* Bronze Star Medal
* Army Good Conduct Medal (1st Award)
* Vietnam Service Medal with four bronze service stars
* 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)                                         AR20120020814



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ABCMR Record of Proceedings (cont)                                         AR20120020814



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