IN THE CASE OF:	  

		BOARD DATE:	  15 August 2013

		DOCKET NUMBER:  AR20130000877 


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, in effect, correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show the Silver Star, Bronze Star Medal (2nd Award) and with "V" Device, Purple Heart, and Air Medal.

2.  He states the awards were not entered on his DD Form 214.  The awards affect his receipt of Department of Veterans Affairs medical benefits for service-related issues.

3.  He provides:

* DD Form 214
* Silver Star Certificate
* Silver Star orders
* two Bronze Star Medal Certificates
* Purple Heart Certificate
* Air Medal Certificate
* Air Medal Citation

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.  On 19 October 1967, the applicant was inducted into the Army of the United States.  After completing initial entry training, he was awarded military occupational specialty 91A (Medical Corpsman).

3.  Special Orders (SO) Number 70, issued by Headquarters, U.S. Army Medical Training Center, Fort Sam Houston, TX, dated 1 April 1968, awarded him the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16).

4.  His DA Form 20 (Enlisted Qualification Record) shows in:

* item 31 (Foreign Service), he served in Vietnam from 27 April 1968 to
26 May 1969
* item 38 (Record of Assignments), he was assigned to Headquarters and Headquarters Company, 2nd Battalion (Airborne), 506th Infantry, Vietnam from 29 April 1968 to 24 May 1969
* item 38, he received all "excellent" conduct and efficiency ratings with the exception of one period of "unknown" ratings while undergoing basic training

5.  SO Number 204, issued by Headquarters, 101st Air Cavalry Division, dated 22 July 1968, as amended by SO Number 216, issued by the same headquarters, dated 3 August 1968, awarded him the Combat Medical Badge (1st Award).

6.  Headquarters, 101st Airborne Division, issued the following orders pertaining to the applicant:

* General Orders (GO) Number 8189, dated 24 October 1968, awarding him the Bronze Star Medal with "V" Device for heroism in Vietnam on 16 September 1968
* GO Number 9911, dated 27 November 1968, awarding him the Purple Heart for wounds received in action in Vietnam on 19 November 1968
* GO Number 10685, dated 13 December 1968, awarding him the Air Medal for meritorious achievement while participating in aerial flight in Vietnam on 27 August 1968 
* GO Number 2580, dated 21 March 1969, awarding him the Bronze Star Medal for meritorious service in Vietnam during the period 1 July 1968 to
28 February 1969
* GO Number 3545, dated 19 April 1969, awarding him the Silver Star for gallantry in action in Vietnam on 19 November 1968

7.  On 26 May 1969, he was honorably released from active duty as an overseas returnee in the rank/grade of specialist five (SP5)/E-5.  He completed 1 year,
7 months, and 8 days of total active service.  The DD Form 214 he was issued at the time shows he was awarded or authorized the:

* Bronze Star Medal
* National Defense Service Medal
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)

8.  A review of his record indicates entitlement to additional decorations not shown on his DD Form 214.

9.  His record is void of documentation showing he was the subject of any disciplinary action throughout his service.  This is also no evidence of a commander's disqualification that would have precluded him from being recommended for or awarded the first award of the Army Good Conduct Medal.

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 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.  Ratings of "unknown" for portions of the period under consideration were not disqualifying.  There must have been no convictions by a court-martial.

11.  Army Regulation 600-8-22 (Military Awards), 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 four campaigns:

* Vietnam Counteroffensive Phase IV (2 April - 30 June 1968)
* Vietnam Counteroffensive Phase V (1 July - 1 November 1968)
* Vietnam Counteroffensive Phase VI (2 November 1968 - 22 February 1969)
* Tet 69/Counteroffensive (23 February - 8 June 1969)

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 the 2nd Battalion, 506th Infantry, was cited for award of the:

* Presidential Unit Citation for the period 13 June through 23 September 1968 by Department of the Army GO (DAGO) Number 38, dated 1971
* Meritorious Unit Commendation (MUC) for the period 14 March through 3 October 1968 by DAGO 22, dated 1976
* Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 19 July 1968 through 14 May 1969 by DAGO 43, dated 1970
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 3 October 1968 through 2 May 1970 by DAGO 48, dated 1971

DISCUSSION AND CONCLUSIONS:

1.  General orders awarded the applicant the Silver Star, BSM (2nd Award) and with "V" Device, Purple Heart, and Air Medal.  Therefore, his DD Form 214 should be corrected to show these awards.

2.  Special orders awarded him the Combat Medical Badge and Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16).  Therefore, his DD Form 214 should be corrected to show these badges.

3.  He received all "excellent" conduct and efficiency ratings through is service, except for an "unknown" rating during basic training, which is not disqualifying.  He was promoted to SP5/E-5 and there is no record of any disciplinary action taken against him.  There is also no evidence of a commander's disqualification for award of the Army Good Conduct Medal.  Based on his overall record of service it appears an administrative error occurred resulting 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 19 October 1967 through
26 May 1969 and to correct his DD Form 214 to show this award.

4.  Evidence shows 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 was cited for award of the Presidential Unit Citation, Meritorious Unit Commendation, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and 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.

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 Bronze Star Medal and the Vietnam Service Medal;

	b.  awarding him the Army Good Conduct Medal (1st Award) for the period
19 October 1967 through 26 May 1969; and

	c.  adding to his DD Form 214 the:

* Silver Star
* Bronze Star Medal (2nd Award) and with "V" Device 
* Purple Heart


* Air Medal
* Army Good Conduct Medal (1st Award)
* Vietnam Service Medal with four bronze service stars
* Presidential Unit Citation
* Meritorious Unit Commendation
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation
* Combat Medical Badge (1st Award)
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16)



      _______ _   _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)                                         AR20130000877



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ABCMR Record of Proceedings (cont)                                         AR20130000877



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