IN THE CASE OF:	   

		BOARD DATE:	  9 July 2013

		DOCKET NUMBER:  AR20120022714 


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 add the:

* Distinguished Service Cross
* Silver Star
* Bronze Star Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* Republic of Vietnam Gallantry Cross with Palm Unit Citation

2.  The applicant states these awards were omitted from his DD Form 214 at the time of his release from active duty.

3.  The applicant provides:

* General Orders Number 3094, issued by Headquarters, U.S. Army Vietnam, dated 28 June 1968
* Distinguished Service Cross Certificate, dated 28 June 1968
* Bronze Star Medal Certificate, dated 5 February 1968

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 5 October 1966 and held military occupational specialty 11C (Infantry Indirect Fire Crewman).  The highest rank/grade he attained while serving on active duty was staff sergeant (SSG)/E-6.

3.  His record contains a DA Form 20 (Enlisted Qualification Record) that shows he was assigned to Vietnam from 13 March 1967 to 8 March 1968 while assigned to Company C, 2nd Battalion, 14th Infantry Regiment, 25th Infantry Division.

4.  General Orders Number 502, issued by Headquarters, 25th Infantry Division, dated 4 February 1968, awarded him the Bronze Star Medal for meritorious service in Vietnam from March 1967 to March 1968.

5.  GO Number 3094, dated 28 June 1968, awarded him the Distinguished Service Cross for extraordinary heroism in Vietnam on 16 February 1968.

6.  There is no evidence of record and the applicant did not provide any evidence that shows he was recommended for or awarded the Silver Star.  Additionally, 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 and maintained by the Military Awards Branch of the United States Army Human Resources Command failed to reveal any orders for the Silver Star pertaining to the applicant.

7.  On 4 October 1968, he was honorably released from active duty at the expiration of his term of service.  He completed 2 years of total active service, including 11 months and 28 days of foreign service in Vietnam.  The DD Form 214 he was issued shows he was awarded or authorized the:

* National Defense Service Medal
* Vietnam Service Medal
* 
Combat Infantryman Badge
* Expert Marksmanship Qualification Badge with Rifle Bar (M-14)
* Expert Marksmanship Qualification Badge with Rocket Launcher Bar
(M-106)
* Marksman Marksmanship Qualification Badge with Pistol Bar (.45 Caliber)

8.  Army Regulation 600-8-22 (Military Awards) states:

	a.  the Silver Star is awarded for gallantry in action against the enemy.  The required gallantry (spirited and conspicuous acts of heroism and courage) must have been performed with marked distinction.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

	b.  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 three campaigns:

* Vietnam Counteroffensive, Phase II (1 July 1966 - 31 May 1967)
* Vietnam Counteroffensive, Phase III (1 June 1967 - 29 January 1968)
* TET Counteroffensive (30 January 1968 - 1 April 1968)

	c.  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.  

9.  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, 14th Infantry, was cited for award of the

* Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 1 April 1966 through 31 August 1968 by Department of the Army General Order (DAGO) Number 48, dated 1971

* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 20 April 1966 through 21 January 1970 by DAGO Number 51, dated 1971

10.  A review of his service record shows no derogatory information in the form of time lost, nonjudicial punishment, or suspension of favorable personnel 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.  His DA Form 20 further shows he received all "excellent" conduct and efficiency ratings throughout his service.

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

DISCUSSION AND CONCLUSIONS:

1.  General orders awarded the applicant the Distinguished Service Cross and the Bronze Star Medal.  Therefore, his DD Form 214 should be corrected to show these awards.

2.  He served honorably during the period 5 October 1966 through 4 October 1968.  His records do not contain any derogatory information in the form of lost time, nonjudicial punishment, or suspension of favorable personnel actions that would disqualify him for the first award of the Army Good Conduct Medal.  Additionally, there are no entries in his record to indicate that his commander denied him this award and he received all “excellent” conduct and efficiency ratings throughout his service.  It appears an administrative error occurred that resulted in the applicant not being recommended for or awarded 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) for the period 5 October 1966 through 4 October 1968 and to correct his DD Form 214 to show this award.

3.  He participated in three campaigns during his service in Vietnam that entitles him to three 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.

4.  He served a qualifying period of service in Vietnam for entitlement to the Republic of Vietnam Campaign Medal with Device (1960).  Therefore, his
DD Form 214 should be corrected to show this award.
5.  His unit in Vietnam was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation and 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 these unit awards.

6.  His records do not contain any evidence and he did not provide any evidence that shows he was recommended for or awarded the Silver Star.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required for award of the Silver Star. As such, there is an insufficient evidentiary basis for granting this portion of the applicant's requested relief.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____x___  ___x____  ____x____  GRANT PARTIAL RELIEF 
 
________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined the evidence presented is 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:

* deleting from his DD Form 214 the Vietnam Service Medal
* awarding him the Army Good Conduct Medal (1st Award) for the period 
5 October 1966 through 4 October 1968
* adding to his DD Form 214 the:

* Distinguished Service Cross
* Bronze Star Medal
* Army Good Conduct Medal (1st Award)
* Vietnam Service Medal with three bronze service stars
* 
Republic of Vietnam Campaign Medal with Device (1960)
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation

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 Silver Star 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)                                         AR20120022714



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ABCMR Record of Proceedings (cont)                                         AR20120022714



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