IN THE CASE OF:	  

		BOARD DATE:  20 June 2013

		DOCKET NUMBER:  AR20120021683 


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, the son of a deceased former service member (FSM), requests, in effect, correction of the FSM’s DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show all of the awards he may be entitled to throughout his service.
 
2.  The applicant states he believes some awards may not have been awarded or issued because the general orders have a different service number on them.

3.  The applicant provides:

* Certificate of Death
* Certificate of Live Birth
* General Orders Number 2168
* General Orders Number 437
* General Orders Number 2285
* General Orders Number 4816
* General Orders Number 5041

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 FSM was inducted into the Army of the United States on 20 November 1967.  He completed training and he was awarded military occupational specialty 11B (Light Weapons Infantryman).  The highest rank/grade he attained during this period of service was specialist four (SP4)/E-4.  He served in the Republic of Vietnam from 8 May 1968 to 7 April 1969.

3.  The applicant provides and the FSM's record contains General Orders Number 437, issued by Headquarters, 9th Infantry Division, dated 13 January 1969, which show he was awarded the Air Medal for meritorious achievement while participating in sustained aerial flight for the period 3 July through             28 September 1968.

4.  The applicant provides and the FSM's record contains General Orders Number 2168, issued by Headquarters, 9th Infantry Division, dated 24 February 1969, which show he was awarded the Air Medal (1st oak leaf cluster) for meritorious achievement while participating in sustained aerial flight for the period 29 September 1968 through 29 January 1969.

5.  The applicant provides and the FSM's record contains General Orders Number 2285, issued by Headquarters, 9th Infantry Division, dated 27 February 1969, which show he was awarded the Army Commendation Medal for outstanding achievement in connection with military operations against a hostile force in the Republic of Vietnam for the period 15 August 1968 through                 8 February 1969.

6.  The applicant provides and the FSM's record contains General Orders Number 4816, issued by Headquarters, 9th Infantry Division, dated 21 April 1969, which show he was awarded the Army Commendation Medal (1st oak leaf cluster) for meritorious service in connection with military operations against a hostile force in the Republic of Vietnam for the period May 1968 through April 1969.

7.  The applicant provides and the FSM's record contains General Orders Number 5041, issued by Headquarters, 9th Infantry Division, dated 28 April 1969, which show he was awarded the Army Commendation Medal (1st oak leaf cluster) for outstanding achievement in connection with military operations against a hostile force in the Republic of Vietnam for the period February 1969 through April 1969.

8.  The FSM's record contains General Orders Number 49, issued by Headquarters, 2d Squadron, 6th Armored Cavalry Regiment, dated 29 October 1969, which show he was awarded the Army Good Conduct Medal for the period 19 November 1967 to 19 November 1969.

9.  Item 38 (Record of Assignments) of his DA Form 20 (Enlisted Qualification Record) shows he was assigned to Company B, 3rd Infantry Battalion, 39th Infantry Regiment for the period 13 May 1968 through 3 April 1969, and to Headquarters and Headquarters Company, 3rd Battalion, 39th Infantry Regiment for the period 4 through 8 April 1969. 

10.  On 19 November 1969, the FSM was honorably released from active duty  and he was transferred to the U.S. Army Reserve Control Group (Annual Training) to complete his remaining service obligation.  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)
* Combat Infantryman Badge
* “Vietnam Unit Citation”
* Army Commendation Medal
* Air Medal
* 1 Overseas Service Bar
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-14)
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-16)

11.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards.  The Vietnam Service Medal is awarded to all members of the Armed Forces of the United States for qualifying service in Vietnam after 3 July 1965 through 28 March 1973.  Qualifying service included attachment to or assignment for 1 or more days with an organization participating in or directly supporting military operations.  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, participation credit was awarded for the following four campaigns:

* Vietnam Counteroffensive Phase IV
* Vietnam Counteroffensive Phase V
* Vietnam Counteroffensive Phase VI
* TET 69 Counteroffensive

12.  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 Company B, 3rd Battalion, 39th Infantry Regiment, the unit to which the FSM was assigned, was cited for award of the:

	a.  Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 19 December 1966 through 28 June 1969 by Department of the Army General Orders (DAGO) Number 59, dated 1969, as amended by DAGO Number 43, dated 1970; and

   b.  Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 1 December 1966 to 30 June 1968 by DAGO Number 31, dated 1969.

13.  Army Regulation 600-8-22 states the Air Medal is awarded in time of war for heroism and for meritorious achievement or service while participating in aerial flight.  This regulation further states that Arabic numerals are now used instead of oak leaf clusters for the second and succeeding awards of the Air Medal.  The numeral 2 denotes the second award of the Air Medal.

14.  During the time of the FSM's service, the bronze oak leaf cluster was awarded to denote the second and succeeding awards of the Army Commendation Medal.  

DISCUSSION AND CONCLUSIONS:

1.  General orders awarded the FSM the Air Medal (first oak leaf cluster), three Army Commendation Medals (which should be represented as the Army Commendation Medal (second oak leaf cluster)), and the Army Good Conduct Medal; therefore, he is entitled to correction of his record to show these awards.

2.  Records show he was previously awarded the Vietnam Service Medal.  Evidence shows he participated in four campaigns during his Republic of Vietnam service.  Therefore, he is entitled to correction of his DD Form 214 to show four bronze service stars for wear with his previously-awarded Vietnam Service Medal.

3.  The FSM's unit in the Republic of Vietnam was awarded additional unit awards during his period of assignment.  Therefore, his DD Form 214 should be corrected to show the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation and the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

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 the Air Medal, the Army Commendation Medal, and the Vietnam Service Medal from his DD Form 214; and 

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

* Air Medal (with numeral 2)
* Army Commendation Medal (2nd oak leaf cluster)
* Army Good Conduct Medal 
* Vietnam Service Medal with four bronze service stars
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation
* Republic of Vietnam Gallantry Cross with Palm 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)                                         AR20120021683





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ABCMR Record of Proceedings (cont)                                         AR20120021683



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