IN THE CASE OF:	  

		BOARD DATE:	  10 October 2013

		DOCKET NUMBER:  AR20130002888 


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 award of the Silver Star, Air Medal and any awards and decorations to which he may be entitled.

2.  The applicant states:

* his captain put him in for the Silver Star, but it was never awarded
* he requests a review of his military record for any and all medals and ribbons due him

3.  The applicant provides no additional documentary evidence

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 requested award of the Silver Star and correction of his record to show this award.  On 1 February 2005, the applicant applied to the Army Board for Correction of Military Records (ABCMR) claiming he should have received the Silver Star due to his actions in Vietnam.  On 21 October 2005, the applicant was notified by letter that he had not exhausted all administrative remedies with regard to the award of the Silver Star.  He was advised to submit a request through his Member of Congress under the provisions of Title 10, U.S. Code, section 1130.  There is no evidence the applicant has attempted to resolve this issue through his Member of Congress.  Therefore, this portion of the applicant's request will not be discussed further in these Proceedings.  A copy of the 21 October 2005 letter will be provided with these Proceedings.

3.  The applicant was inducted into the Army of the United States on 3 May 1966.  He arrived in Vietnam on 10 January 1967.  He served as a light weapons infantryman assigned to:

* Company A, 2nd Battalion, 47th Infantry, 9th Infantry Division from
28 January 1967 to 20 June 1967
* Company D, 2nd Battalion, 8th Cavalry, 1st Cavalry Division from 1 July 1967 to 9 January 1968

4.  On 2 May 1968, he was honorably released from active duty in the rank/grade of sergeant (SGT)/E-5.  He completed 2 years of total active service with no time lost.  His DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) shows he was awarded or authorized the:

* Purple Heart
* Army Commendation Medal (ARCOM) with "V" Device
* National Defense Service Medal
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* Combat Infantryman Badge

5.  There are no orders for the Silver Star in the applicant's available record.  However, his record contains:

* General Orders Number 108, issued by Headquarters, 1st Cavalry Division (Airmobile), dated 8 January 1968, that awarded him the ARCOM for meritorious service during the period January 1967 to January 1968
* General Orders Number 532, issued by the same headquarters, dated
23 January 1968, that awarded him the Air Medal for meritorious 


achievement while participating in aerial flight during the period June to December 1967
* General Orders Number 728, issued by the same headquarters, dated
2 February 1968, that awarded him the ARCOM with "V" Device for heroism in Vietnam on 16 September 1967

6.  Item 38 (Record of Assignments) of his DA Form 20 (Enlisted Qualification Record) shows he received all "excellent" conduct and efficiency ratings throughout his service.

7.  There is no evidence of any disciplinary actions or a commander's disqualification that would have precluded the applicant from being recommended for or awarded the first award of the Army Good Conduct Medal.

8.  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, failed to reveal any orders for the Silver Star pertaining to the applicant

9.  Army Regulation 600-8-22, 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 2 campaigns:

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

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; 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.

11.  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:


	a.  the 2nd Battalion, 47th Infantry, was cited for award of the:

* Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 1 December 1966 through 30 June 1968 by Department of the Army General Orders (DAGO) Number 31, dated 1969
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 19 December 1966 through 28 June 1969 by DAGO Number 59, dated 1969

	b.  the 2nd Battalion, 8th Cavalry, was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 9 August 1965 through 19 May 1969 by DAGO Number 59, dated 1969.

	c.  paragraph 6 (Miscellaneous Information) states not more than one award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation may be worn by any individual.  Although wear of multiple awards of this unit citation badge is not authorized, official military personnel and historical records will show all awards received.

DISCUSSION AND CONCLUSIONS:

1.  General orders awarded him the Air Medal for meritorious achievement while participating in aerial flight in Vietnam.  Therefore, his DD Form 214 should be corrected to show his award.

2.  His DD Form 214 shows the ARCOM with "V" Device as an authorized award.  However, general orders awarded him two awards of the ARCOM, of which one was for valor.  Therefore, his DD Form 214 should be corrected to show both awards of the ARCOM.

3.  Evidence shows he participated in two campaigns in Vietnam that entitles him to two 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 was honorably released from active duty in the rank/grade of SGT/E-5 with 2 years of total active service and no time lost.  He received all "excellent" conduct and efficiency ratings throughout his service and with no indication 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.  As such, it appears an administrative error occurred resulting in the applicant not 


being 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 3 May 1966 through 2 May 1968 and to correct his DD Form 214 to show this award.

5.  His combined units in Vietnam were cited for two awards of the Republic of Vietnam Gallantry Cross with Palm Unit Citation and one 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 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 Army Commendation Medal with "V" Device and the Vietnam Service Medal;

	b.  awarding him the Army Good Conduct Medal (1st Award) for the period
3 May 1966 through 2 May 1968;

	c.  adding to his DD Form 214 the:

* Air Medal
* Army Commendation Medal (2nd Award) and with "V" Device
* Army Good Conduct Medal (1st Award)
* Vietnam Service Medal with two bronze service stars


* Republic of Vietnam Gallantry Cross with Palm Unit Citation
(2nd Award)
* 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)                                         AR20130002888



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ABCMR Record of Proceedings (cont)                                         AR20130002888



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