BOARD DATE:	  19 November 2013

		DOCKET NUMBER:  AR20130005931 


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 reflect all of his authorized awards.

2.  The applicant states all of his authorized awards are not reflected on his
DD Form 214.

3.  The applicant provides:

* his DD Form 214
* General Orders Number 6712, issued by Headquarters, 1st Infantry Division, dated 6 July 1968 (Silver Star)
* Silver Star Certificate, dated 7 August 1968
* General Orders Number 9338, issued by the same headquarters, dated 27 December 1967 (Bronze Star Medal (1st oak leaf cluster (OLC) and with "V" Device)
* Bronze Star Medal Certificate (1st OLC), dated 7 January 1968
* General Orders Number 7739, issued by the same headquarters, dated
2 August 1968 (Bronze Star Medal (2nd OLC)
* Bronze Star Medal (2nd OLC) Citation
* Bronze Star Medal Certificate (2nd OLC), dated 10 August 1968
* un-translated Certificate for a Vietnamese award


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 30 August 1966.  He completed basic training at Fort Lewis, WA and his advanced individual training as a cannoneer at Fort Sill, OK before being transferred to Vietnam on 31 January 1967.  He was assigned to B Battery, 1st Battalion,
5th Artillery Regiment, 1st Infantry Division from 8 March 1967 through 26 August 1968.  He was promoted to the rank/grade of sergeant (SGT)/E-5 on
30 November 1967.

3.  On 30 August 1968, he was honorably released from active duty (REFRAD) at the expiration of his term of service and he was transferred to the U.S. Army Reserve (USAR) Control Grout (Annual Training) to complete his remaining Service obligation.  He completed 2 years and 1 days of total active service.  The DD Form 214 he was issued 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)

4.  General Orders Number 9338, dated 27 December 1967 awarded him the Bronze Star Medal (1st OLC) and with "V" Device for heroism in Vietnam on 
7 November 1967.

5.  General Orders Number 1738, issued by Headquarters, 1st Infantry Division, dated 28 February 1968, awarded him the Army Commendation Medal for meritorious service in Vietnam for the period January 1967 to December 1967.

6.  General Orders Number 6712, dated 5 July 1968, awarded him the Silver Star for gallantry in action in Vietnam on 2 March 1968.
7.  General Orders Number 7739, dated 2 August 1968, awarded him the Bronze Star Medal (2nd OLC) for meritorious achievement in Vietnam for the period
July 1968 to July 1968.

8.  His record contains a DA Form 20 (Enlisted Qualification Record) that shows in item 38 (Record of Assignments) he received all "excellent" conduct and efficiency ratings throughout his service.

9.  His record is void of any derogatory information or 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; 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.  Army Regulation 600-8-22 (Military Awards) provides Department of the Army policy, criteria, and administrative instructions concerning individual military decorations, service medals and ribbons, unit decorations, and similar devices awarded in recognition of accomplishments.

	a.  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.  A silver service star will be work in lieu of five bronze service stars.  Appendix B shows that during his service in Vietnam, the applicant participated in the following five campaigns:

* Vietnam Counteroffensive Phase II (1 July 1966 - 31 May 1967)
* Vietnam Counteroffensive Phase III (1 June 1967 - 29 January 1968)
* Tet Counteroffensive (30 January - 1 April 1968)
* Vietnam Counteroffensive Phase IV (2 April - 30 June 1968)
* Vietnam Counteroffensive Phase V (1 July - 1 November 1968)

	b.  An oak leaf cluster is awarded to denote the second and succeeding awards of certain decorations, among which is the Bronze Star Medal.


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 1st Battalion, 5th Artillery, 1st Infantry Division, was cited for award of the:

* Meritorious Unit Commendation for the period 1 August 1966 through
30 April 1967 by Department of the Army General Order (DAGO) Number 48, dated 1968
* Meritorious Unit Commendation for the period 1 May 1967 through 31 July 1968 DAGO Number 39, dated 1970
* Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 12 July 1965 through 16 October 1968 by DAGO Number 21, dated 1969
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period October 1965 through 7 April 1970 by DAGO Number 53, dated 1970

DISCUSSION AND CONCLUSIONS:

1.  General orders awarded the applicant the Silver Star, Bronze Star Meal
(3rd Award) and with "V" Device, and the Army Commendation Medal.  Therefore, his DD Form 214 should be corrected to show these awards.

2.  Records show the applicant received all "excellent" conduct and efficiency ratings throughout his service.  His record does not contain any derogatory information or a commander's disqualification that would have precluded him from being recommended for or awarded the first award of the Army Good Conduct Medal.  Therefore, he should be awarded the Army Good Conduct Medal (1st Award) for the period 30 August 1966 through 29 August 1968 and his DD Form 214 should be corrected to show this award.

3.  The applicant participated in five campaigns during his service in Vietnam that entitles him to one silver service star for wear on his already-awarded Vietnam Service Medal.  Therefore, his DD Form 214 should be corrected to show this silver service star.

4.  His unit in Vietnam was cited for two awards of the Meritorious Unit Commendation and one award each of the Republic of Vietnam Gallantry Cross with Palm Unit Citation and 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:

* Deleting from his DD Form 214 the Bronze Star Medal and the Vietnam Service Medal
* Awarding him the Army Good Conduct Medal (1st Award) for the period 30 August 1966 through 29 August 1968
* Adding to his DD Form 214 the:

* Silver Star
* Bronze Star Medal (3rd Award) and with "V" Device
* Army Commendation Medal
* Army Good Conduct Medal (1st Award)
* Vietnam Service Medal with one silver service star
* Meritorious Unit Commendation (2nd Award)
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* 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)                                         AR20130005931



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ABCMR Record of Proceedings (cont)                                         AR20130005931



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