IN THE CASE OF:	  

		BOARD DATE:  26 September 2013

		DOCKET NUMBER:  AR20130001883 


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 in item 12 (Last Duty Assignment and Major Command) "2nd SQDN, 1st Cavalry Regiment."  He also requests correction of item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) to show the following awards:

* Purple Heart
* Bronze Star Medal with "V" Device
* Army Commendation Medal
* Sharpshooter Marksmanship Qualification Badge (M-60 and M-79)

2.  The applicant states the Purple Heart, the Bronze Star Medal with "V" Device, and the Army Commendation Medal orders were issued subsequent to his discharge from service.  He received the awards for recognition of duty and actions during service in Vietnam while assigned to D Troop, 2nd Squadron, 1st Cavalry Regiment.

3.  The applicant provides:

* National Personnel Records Center letter, dated 7 January 2013
* DD Form 214, dated 9 November 1969
* General Orders Number 994 with Certificate and Transmittal Letter
* General Orders Number 888 with Certificate and Transmittal Letter
* General Orders Number 930 with Certificate and Citation
* Self-authored Letter to the Army Review Boards Agency, dated 17 January 2013

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 8 April 1968.  He completed training as a light weapons infantryman.  

3.  Special Orders Number 215 were published on 23 August 1968, awarding the applicant the Sharpshooter Marksmanship Qualification Badge with Machine Gun Bar.

4.  The applicant arrived in Vietnam on 21 October 1968 and he was assigned to D Troop, 2nd Squadron, 1st Cavalry.  He participated in the following campaigns:

* Vietnam Counteroffensive, Phase V Campaign, which extended from 1 July through 1 November 1968
* Vietnam Counteroffensive, Phase VI Campaign, which extended from 2 November 1968 through 22 February 1969
* Tet 69 Counteroffensive Campaign, which extended from 23 February through 8 June 1969
* Vietnam Summer-Fall 1969 Campaign, which extended from 9 June through 31 October 1969
* Vietnam Winter-Spring 1970 Campaign, which extended from 1 November 1969 through 30 April 1970

5.  The applicant departed Vietnam en-route to the United States on 9 November 1969.  He was honorably released from active duty as an overseas returnee.  He completed 1 year, 7 months, and 2 days of total active service with no lost time.

6.  The DD Form 214 he received shows his last duty assignment and major command as D Troop, 2nd Squadron, 15th Cavalry.  It also shows the following awards:

* National Defense Service Medal
* Vietnam Campaign Medal
* Vietnam Service Medal
* Combat Infantryman Badge
* Air Medal
* Two Overseas Service Bars
* Marksman Marksmanship Qualification Badge with Rifle Bar (Rifle M-14)
* Marksman Marksmanship Qualification Badge with Rifle Bar (Rifle M-16)

7.  The applicant provides copies of:

	a.  General Orders Number 888 dated 17 November 1969, awarding him the Purple Heart for wounds sustained in actual conflict with an armed hostile force on 1 August 1969.

	b.  General Orders Number 930 dated 26 November 1969, awarding him the Army Commendation Medal for meritorious service from October 1968 to October 1969.

	c.  General Orders Number 994, dated 8 December 1969, awarding him the Bronze Star Medal with "V" Device for extraordinary heroism while engaged in military operations against an armed hostile force in the Republic of Vietnam on 1 and 2 August 1969.

8.  Item 38 (Record of Assignments) of the applicant's DA Form 20 (Enlisted Qualification Record) shows that his conduct and efficiency ratings were all “excellent.”  The applicant’s records do not contain any evidence of disciplinary action.  There is no evidence to show that the commander took any action to deny him the Army Good Conduct Medal.

9.  Army Regulation 635-5 (Separation Documents) is the authority for the preparation of the DD Form 214.  The regulation in effect at the time states in item 12 enter the individual's current unit of assignment and the title of the major command or agency having jurisdiction over that organization.

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 unit to which the applicant was assigned was cited for the following awards:
	a.  Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 31 July 1968 to 28 July 1969 by Department of the Army General Order (DAGO) Number 3, dated 1970.

	b.  Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 31 July 1968 to 1 July 1969 by DAGO Number 53, dated 1970.

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

	a.  A bronze service star, based on qualifying service for each campaign listed in Appendix B of this regulation, will be worn on the appropriate service medal.  A silver service star is authorized in lieu of five bronze service stars.

	b.  Qualification badges are awarded to indicate the degree – Expert, Sharpshooter, and Marksman -- in which an individual has qualified in a prescribed record course.  An appropriate bar is furnished to denote each weapon with which the individual has qualified.  Award of marksmanship badges is not permanent.  An award for previous marksmanship weapons qualification is revoked automatically whenever an individual, upon completion of firing a record course for which the previous award was made, has not attained the same qualification.

12.  Army Regulation 672-5-1 (Awards), in effect at the time, provided that the Army Good Conduct Medal was awarded to enlisted Soldiers who had completed a qualified period of active duty enlisted service.  This period is 3 years except in those cases when the period for the first award ends 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.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contentions have been noted.  His supporting evidence has been considered.

2.  The available evidence shows his last duty assignment and major command as D Troop, 2nd Squadron, 1st Cavalry.  His DD Form 214 should be amended to show this information.





3.  The available evidence also shows he was awarded the Bronze Star Medal with "V" Device, the Purple Heart, the Army Commendation, and the Sharpshooter Marksmanship Qualification Badge with Machine Gun Bar.  Additionally, he is authorized the Republic of Vietnam Gallantry Cross with Palm Unit Citation, Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, and one silver service star to be affixed to his already-awarded Vietnam Service Medal.

4.  The applicant’s records clearly show that he distinguished himself in the performance of his military service as evidenced by his attaining the rank of sergeant, receiving multiple awards for meritorious service, and achieving "excellent" conduct and efficiency ratings.  Therefore, it is presumed that his not receiving an Army Good Conduct Medal for his service was an oversight.  Accordingly, he should be awarded this medal.

5.  There is no evidence of record and the applicant provided none to show he qualified with the M-79.

6.  In view of the foregoing, the applicant's records should be corrected as recommended below.

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.  amending item 12 on his DD Form 214 to show D Troop, 2nd Squadron, 1st Cavalry;

	b.  awarding him the Army Good Conduct Medal for the period from 8 April 1968 to 9 November 1969; and

	c.  adding in item 24 the following awards:

* Bronze Star Medal with "V" Device
* Purple Heart
* Army Commendation Medal
* Army Good Conduct Medal
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation
* Sharpshooter Marksmanship Qualification Badge with Machine Gun Bar
* one silver service star to be affixed to his already-awarded Vietnam Service Medal

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 amending his DD Form 214 to show the Sharpshooter Marksmanship Qualification Badge (M-79).




      _______ _  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)                                         AR20130001883





3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20130001883



6


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1