IN THE CASE OF:	  

		BOARD DATE:	  19 November 2013

		DOCKET NUMBER:  AR20130006586 


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 Purple Heart, Bronze Star Medal, and the Army Commendation Medal.

2.  The applicant states he was discharged before these awards were added to his DD Form 214.

3.  The applicant provides copies of:

* DD Form 214
* Certificate for award of the Purple Heart
* Certificate for award of the Bronze Star Medal
* Certificate for award of the Army Commendation Medal

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.  On 24 June 1969, the applicant was inducted into the Army of the United States.

3.  On 3 March 1970, the applicant was promoted to sergeant, pay grade E-5.

4.  On 15 May 1970, the applicant departed Fort Polk, LA for duty in the Republic of Vietnam (RVN).

	a.  On 23 June 1970, he was assigned for duty as a forward observer with the 3rd Battalion, 1st Infantry Regiment, 11th Infantry Brigade.

	b.  General Orders Number 3222, 23rd Infantry Division, dated 24 March 1971 announced the applicant's award of the Purple Heart for wounds received in connection with military operations against a hostile force on 2 September 1970.

5.  On or about 27 April 1971, the applicant departed the RVN and returned to the United States.

6.  On 2 May 1971, the applicant was released from active duty.  He had completed 1 year, 10 months, and 9 days of creditable active duty service.

7.  General Orders Number 06104, 23rd Infantry Division, dated 30 May 1971 announced the applicant's award of the Bronze Star Medal for meritorious service during the period from July 1970 to May 1971.

8.  The applicant's DD Form 214 indicates that he received the following awards:

* National Defense Service Medal
* Vietnam Service Medal
* RVN Campaign Medal
* Combat Infantryman Badge
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-14)
* Expert Marksmanship Qualification Badge with Rifle Bar (M-16)

9.  Item 38 (Record of Assignments) of the applicant's DA Form 20 (Enlisted Qualification Record) shows that his conduct and efficiency ratings were “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.
10.  A review of the Awards and Decorations Computer Assisted Retrieval System (ADCARS), failed to reveal any orders awarding the applicant the Army Commendation Medal.  ADCARS is an index of general orders issued during the Vietnam era between 1965 and 1973 maintained by the Military Awards Branch of the United States Army Human Resources Command.

11.  Army Regulation 672-5-1 (Awards), in effect at the time, provided that the Army Good Conduct Medal (AGCM) 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.

12.  Appendix B of Army Regulation 600-8-22 (Military Awards), states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.  It further shows that based on the applicant's dates of service in the RVN, he participated in the following two campaigns:

* DA Sanctuary Counteroffensive
* Vietnam Counteroffensive, Phase VII

13.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in the RVN.  This publication shows that the 3rd Battalion, 1st Infantry Regiment was cited in Department of the Army General Orders (DAGO) Number 42, dated 1972, for award of the RVN Gallantry Cross with Palm Unit Citation.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 should be corrected to show award of the Purple Heart, Bronze Star Medal, and the Army Commendation Medal because he was discharged before they could be added to the document.

2.  General orders show that the applicant was awarded the Purple Heart and the Bronze Star Medal.  Therefore, these two medals should be shown on his DD Form 214.

3.  There are no available general orders showing the applicant was awarded the Army Commendation Medal.  The certificate provided by the applicant is not sufficient evidence by itself upon which to base a correction of his records.  Therefore this portion of his request should be denied.

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 a personal decoration, and achieving "excellent" conduct and efficiency ratings.  Therefore, it is presumed that his not receiving an AGCM for his service was an oversight.  Accordingly, he should be awarded the AGCM (1st Award) for the period 24 June 1969 through 2 May 1971.

5.  Records show that the applicant participated in two campaign periods during his service in the RVN.  Therefore, he is eligible for award of two bronze service stars to be affixed to his already-awarded Vietnam Service Medal.

6.  Records show that the applicant’s unit was cited in general orders for award of the RVN Gallantry Cross with Palm Unit Citation.  Therefore, his DD Form 214 should be corrected to show this foreign unit award.

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 
24 June 1969 to 2 May 1971;
	
	b.  deleting from his DD Form 214 the Vietnam Service Medal; and

	c.  adding to his DD Form 214:

* Purple Heart
* Bronze Star Medal
* Army Good Conduct Medal
* Vietnam Service Medal with two bronze service stars
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
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 award of the Army Commendation Medal.




      _______ _  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)                                         AR20130006586





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ABCMR Record of Proceedings (cont)                                         AR20130006586



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