IN THE CASE OF:	  

		BOARD DATE:  10 October 2013

		DOCKET NUMBER:  AR20130003364 


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 award of the Silver Star and the Bronze Star Medal with "V" Device.

2.  The applicant states he did his job in Vietnam and he should not be held responsible for a clerk who did not do his.  

3.  The applicant provides:

* General Orders Number 3455
* General Orders Number 6856
* DD Form 214

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                  12 February 1969.  He completed training and he was awarded military occupational specialty 11B (Light Weapons Infantryman).  He served in the Republic of Vietnam from 27 August 1969 to 26 August 1970 where he was further assigned to Company C, 2nd Battalion, 1st Infantry Regiment.  The highest rank/grade he attained during this period of service was sergeant/E-5. 

3.  The applicant received nonjudicial punishment (NJP) under the provisions of Article 15, Uniform Code of Military Justice (UCMJ) on 25 August 1969, for being absent without leave (AWOL) for the period 12 to 21 August 1969.

4.  His record contains and the applicant provides:

   a.  General Orders Number 3455, issued by Headquarters, Americal Division, dated 4 April 1970, which show he was awarded the Bronze Star Medal with    "V" Device.

   b.  General Orders Number 6856, issued by Headquarters, Americal Division, dated 24 June 1970, which show he was awarded the Silver Star.

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

* Item 38 (Record of Assignments) he received “excellent ratings” for conduct and efficiency
* Item 41 (Awards and Decorations) the Bronze Star Medal (1st oak leaf cluster), General Order 7933, issued by Headquarters, Americal Division

6.  His record does not contain a record of a commander's disqualification for award of the Army Good Conduct Medal which would have precluded him from being recommended for or awarded the Army Good Conduct Medal (1st Award).

7.  On 19 February 1971, he was honorably released from active duty and transferred to the U.S. Army Reserve Control Group (Annual Training).  His 
DD Form 214 shows he was awarded the:

* National Defense Service Medal
* Combat Infantryman Badge
* Vietnam Service Medal  
* Republic of Vietnam Campaign Medal with Device (1960)

* Bronze Star Medal (1st oak leaf cluster)
* Expert Marksmanship Qualification Badge with Rifle Bar (M-14)

8.  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 2nd Battalion, 1st Infantry Regiment, a unit to which the applicant was assigned, was cited for award of the:

   a.  Republic of Vietnam Gallantry Cross with Palm Unit Citation for the periods 24 August through 31 December 1969 and 31 March through 30 June 1970 by Department of the Army General Order (DAGO) Number 42, dated 1972, and 16 April through 28 August 1969 by DAGO Number 6, dated 1974; and 

   b.  Valorous Unit Award for the period 11 through 31 August 1969 by DAGO 43, dated 1972.
	
	c.  The pamphlet also states that not more than one award of the Republic of Vietnam Gallantry Cross Unit Citation may be worn by any individual.  Although wear of multiple awards of this unit citation is not authorized, official military personnel and historical records will indicate all awards received.

9.  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.  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 Summer-Fall 1969
* Vietnam Winter-Spring 1970
* DA Sanctuary Counteroffensive
* Vietnam Counteroffensive, Phase VII

10.  Army Regulation 672-5-1 (Awards), in effect at the time, provides that the Army Good Conduct Medal is awarded to individuals who have 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.  General orders awarded him the Silver Star and the Bronze Star Medal with "V" Device; therefore, he is entitled to correction of his DD Form 214 to show these awards.  

2.  Department of the Army Pamphlet 672-3 shows his unit was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation on three occasions during his period of assignment.  Therefore, his DD Form 214 should be corrected to show the Republic of Vietnam Gallantry Cross with Palm Unit Citation (3rd Award).

3.  The applicant's unit was awarded the Valorous Unit Award during his period of assignment.  Therefore, his DD Form 214 should be corrected to show this award.

4.  Records show the applicant participated in four campaigns during his service in the Republic of Vietnam.  Therefore, he is entitled to four bronze service stars for wear on his already-awarded Vietnam Service Medal and correction of his DD Form 214 to show these service stars.

5.  The evidence of record confirms he served honorably during the period 12 February 1969 through 19 February 1971.  Despite receiving NJP under the UCMJ for being AWOL prior to his departure to the Republic of Vietnam he  ultimately received the Silver Star, Bronze Star Medal with "V" Device, Bronze Star Medal (1st oak leaf cluster), and the Combat Infantryman Badge.  He also received all "excellent" conduct and efficiency ratings throughout his service.  His record does not contain a commander's disqualification that would have precluded him from being awarded the Army Good Conduct Medal (1st Award).  Therefore, it would be appropriate at this time to award him this medal for the period 12 February 1969 through 19 February 1971 and to correct his DD Form 214 to show this medal.

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.  awarding him the Army Good Conduct Medal (1st Award) for the period
12 February 1969 through 19 February 1971;
   
   b.  deleting the Vietnam Service Medal from his DD Form 214; and

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

* Silver Star
* Bronze Star Medal with "V" Device
* Valorous Unit Award
* Vietnam Service Medal with four bronze service stars
* Republic of Vietnam Gallantry Cross with Palm Unit Citation (3rd Award)
* Army Good Conduct Medal (1st Award)




      _______ _  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)                                         AR20130003364



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ABCMR Record of Proceedings (cont)                                         AR20130003364



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