BOARD DATE:	  29 October 2013

		DOCKET NUMBER:  AR20130003454 


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:

   a.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) the following awards:
   
* Army Good Conduct Medal (1st Award)
* Bronze Star Medal with "V" Device (First Oak Leaf Cluster)
* Army Commendation Medal with "V" Device
* Valorous Unit Award
* Meritorious Unit Commendation
* Republic of Vietnam Gallantry Cross with Palm Unit Citation (First Oak Leaf Cluster)
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation
* three bronze service stars to be worn with his already-awarded Vietnam Service Medal

   b.  Item 30 (Remarks) his dates of service in Vietnam as 9 March 1969 through 11 March 1970. 
   
2.  He also requests that he be issued all of his decorations and awards and that his DD Form 214 be corrected to show the names of the campaigns in which he participated.

3.  The applicant states the above awards were not included on his DD Form 214 when he was discharged.

4.  The applicant provides:

* A self-authored letter to the Army Review Boards Agency (ARBA), dated 8 January 2013
* DD Form 214
* General Orders Number 10753, dated 4 September 1969
* General Orders Number 1448, dated 27 January 1970
* General Orders Number 10738, dated 4 September 1969
* General Orders Number 9813, dated 16 August 1969
* National Personnel Records Center (NPRC) letter, dated 28 December 2012
* A letter written to the NPRC, dated 20 September 2012
* U.S. Postal Receipt

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 requests the issuance of Army medals.  The ABCMR does not issue medals.  The applicant is advised that requests for medals should be forwarded to the National Personnel Records Center, 1 Archives Drive, St. Louis, Missouri 63138.  The NPRC will verify the awards to which a retiree/veteran is entitled and forward the request with verification to the appropriate service department for issuance of the medals.  Requests to the NPRC may be submitted online through the eVetRecs system at http://www.archives.gov/veterans/military-service-records/standard-form-180.html or via mail or fax (314-801-9195) by letter or completing a Standard Form 180 (which is available for download at the same website.  At a minimum, all requests 

must include a copy of the retiree's/veteran's separation or discharge paperwork and any other supporting documentation to substantiate his request.  All requests must be signed and dated.  No further reference to this request will be made in this ABCMR Record of Proceedings.  

3.  The applicant enlisted in the Regular Army on 7 August 1968.  He was awarded military occupational specialty 13E (Cannon Fire Direction Specialist).  He departed the United States en-route to Vietnam on 9 March 1969 and he was assigned to A Battery, 1st Battalion, 30th Artillery, 1st Cavalry Division (Air Mobile) on 23 March 1969.

4.  The applicant participated in the following three campaigns:

* 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.  Headquarters, 1st Cavalry Division (Airmobile) published the following orders: 

   a.  On 4 September 1969, General Orders Number 10738 awarding him the Army Commendation Medal with "V" Device for heroism on 11 August 1969.

   b.  On 4 September 1969, General Orders Number 10753 awarding the applicant the Bronze Star Medal with "V" Device for heroism on 12 August 1969.

   c.  On 27 January 1970, General Orders Number 1448 awarding him the Bronze Star Medal for meritorious service from March 1969 to March 1970.

6.  The applicant's conduct and efficiency ratings were “excellent” and “unknown.”  There is no evidence in his records of any court-martial convictions, personnel actions, or statements that would justify disqualification for award of the Army Good Conduct Medal.

7.  The applicant departed Vietnam en-route to the United States on 11 March 1970.  He was honorably released from active duty as an overseas returnee on 12 March 1970.  His DD Form 214 shows the following awards:

* National Defense Service Medal
* Vietnam Service Medal
* 
Vietnam Campaign Medal
* Army Commendation Medal
* Bronze Star Medal
* Purple Heart

8.  His DD Form 214 also shows in Item 30 "RVN 9 MAR 60 – 11 MAR 70."

9.  Army Regulation 600-8-22 (Military Awards) states the Army Good Conduct Medal is awarded to individuals who distinguish themselves by their conduct, efficiency, and fidelity.  Although there is no automatic entitlement to the Army Good Conduct Medal, disqualification must be justified.  Any one of the following periods of continuous enlisted active Federal military service qualifies for the award:

* Each 3 years completed on or after 27 August 1940
* For first award only, upon termination of service on or after 27 June 1950 of less than 3 years but more than 1 year

10.  Army Regulation 600-8-22 also states 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.

11.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in Vietnam.  This pamphlet shows the unit to which the applicant was assigned was cited for the following awards:

* Valorous Unit Award (2nd Award) for the period 1 May to 29 June 1970 by Department of the Army General Order (DAGO) Number 5, dated 1973
* Meritorious Unit Commendation for the period 26 October 1968 to 11 June 1969 by DAGO Number 39, dated 1970
* Republic of Vietnam Gallantry Cross with Palm Unit Citation (2nd Award) for the period May 1969 to February 1970 by DAGO Number 11, dated 1973 (amended DAGO Number 42, dated 1972)
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 1 January 1969 to 1 February 1970 by DAGO Number 42, dated 1972

12.  Army Regulation 635-5 (Personnel Separation/Separation Documents) governed the preparation of the DD Form 214.  The regulation in effect at the time provided that in item 30 the inclusive dated of service in Vietnam will be shown.

DISCUSSION AND CONCLUSIONS:

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

2.  The available evidence shows the applicant is authorized the Bronze Star Medal with "V" Device (First Oak Leaf Cluster) and the Army Commendation Medal with "V" Device.  His DD Form 214 should be corrected to show these awards.

3.  The evidence shows the applicant participated in three campaign periods during his service in the Republic of Vietnam.  Therefore, he is eligible for award of three bronze service stars to be affixed to his already-awarded Vietnam Service Medal.

4.  The applicant's unit was cited in general orders for award of the Valorous Unit Award, Meritorious Unit Commendation, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.  Therefore, his DD Form 214 should be corrected to show these unit awards.   

5.  While there is no entitlement to the Army Good Conduct Medal, the applicant's conduct and efficiency ratings were all “excellent.”  There is no evidence in his records of any justification for disqualification for award of the Army Good Conduct Medal.

6.  Item 30 of his DD Form 214 incorrectly lists his Vietnam service dates.  This entry should be deleted and the entry "RVN 9 MAR 69 – 11 MAR 70" should be added.

7.  There are no provisions for listing the names of the campaigns in which the applicant served on his DD Form 214.  According to the applicable regulation bronze service stars will be listed on the DD Form 214 to show campaign participation.  Therefore, this part of his request should be denied.  

8.  In view of the foregoing, his DD Form 214 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.  Awarding him the Army Good Conduct Medal (1st Award) for the period from 7 August 1968 to 12 March 1970.

	b.  Deleting the Bronze Star Medal from his DD Form 214.

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

* Bronze Star Medal with "V" Device (First Oak Leaf Cluster)
* Army Commendation Medal with "V" Device
* Army Good Conduct Medal (1st Award)
* Valorous Unit Award (2nd Award)
* Meritorious Unit Commendation
* Republic of Vietnam Gallantry Cross with Palm Unit Citation (2nd Award)
* Republic of Vietnam Civil Actions Honor Medal, First Class Unit Citation 
* three bronze service stars to be affixed to his already-awarded Vietnam Service Medal

	d.  Deleting the Vietnam service entry from Item 30 of his DD Form 214 and adding "RVN 9 MAR 69 – 11 MAR 70." 

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 listing the campaigns in which he served on 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)                                         AR20130003454



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20130003454



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1