BOARD DATE:	  16 January 2014

		DOCKET NUMBER:  AR20130008855 


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 (Report of Transfer or Discharge) to show his award of the Purple Heart and Air Medal.  He further requests correction of his DD Form 214 to show his attendance at Infantry Advanced Individual Training.

2.  The applicant states the above items were omitted from his DD Form 214.

3.  The applicant provides:

* General Orders Number 7857, issued by Headquarters, 1st Cavalry Division, dated 10 July 1968
* General Orders Number 12378, issued by the same headquarters, dated 18 September 1968
* DA Form 87 (Certificate of Training), dated 23 February 1968

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 17 August 1967.  He completed Infantry Advanced Individual Training at Fort McClellan, AL on 23 February 1968 and he was awarded military occupational specialty 11B (Light Weapons Infantryman).

3.  Special Orders Number 287, issued by Headquarters, U.S. Army Training Center, Armor, Fort Knox, KY, dated 14 October 1967, awarded him the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14).

4.  Special Orders Number 274, issued by Headquarters, U.S. Army School/Training Center, Fort McClellan, dated 17 November 1967, awarded him the Marksman Marksmanship Qualification Badge with Rifle Bar (M-16).

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

	a.  item 38 (Record of Assignments) while serving in Vietnam he was assigned to:

* Company B, 2nd Battalion, 5th Cavalry Regiment from 30 March through 24 July 1968
* Company B, 2nd Battalion, 6th Cavalry Regiment from 25 July 1968 through 4 January 1969
* Company B, 2nd Battalion, 5th Cavalry Regiment from 5 January through 22 March 1969

	b.  item 38, he received all "excellent" conduct and efficiency ratings through his service;

	c.  item 41 (Awards and Decorations) the 

* National Defense Service Medal
* Vietnam Service Medal
* Combat Infantryman Badge
* Air Medal
* Bronze Star Medal


* Marksman Marksmanship Qualification Badge with Rifle Bar (M-16)
* Expert Marksmanship Qualification Badge with Pistol Bar
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)

6.  General Orders Number 7857 awarded the applicant the Purple Heart for wounds received in action in Vietnam on 30 May 1968.

7.  General Orders Number 12378 awarded the applicant the Air Medal for meritorious achievement in Vietnam during the period March to September 1968.

8.  The applicant's record contains no 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.

9.  On 25 March 1969, he was honorably released from active duty as an overseas returnee and he was transferred to the U.S. Army Reserve (USAR) Control Group (Annual Training) to complete his remaining service obligation.  He attained the rank/grade of sergeant (SGT)/E-5.  He completed 1 year, 7 months, and 9 days of total active service.  His DD Form 214 shows in:

	a.  item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons awarded or Authorized) the:

* National Defense Service Medal
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-14)
* Combat Infantryman Badge
* Bronze Star Medal
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* 2 Overseas Service Bars

	b.  item 25 (Education and Training Completed) the entry "GED HIGH SCHOOL LEVEL."

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), 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 worn in lieu of five bronze service stars.  Appendix B shows that during his service in Vietnam, the applicant participated in the following five campaigns:

* 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)
* Vietnam Counteroffensive Phase VI (2 November 1968 - 22 February 1969)
* Tet 69 Counteroffensive, 1969 (23 February - 8 June 1969)

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 2nd Battalion, 5th Cavalry Regiment, 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 Department of the Army General Order Number 59, dated 1969.

13.  Army Regulation 635-5 (Separation Documents), in effect at the time, prescribed the separation documents that must be prepared for Soldiers on retirement, discharge, release from active duty service, or control of the Active Army.  It established standardized policy for preparing and distributing the
DD Form 214.  It stated for:

	a.  item 24, enter all decorations, service medals, campaign credits, and badges awarded or authorized.

	b.  item 25, enter installation training courses (qualification courses), military correspondence courses, and off-duty courses the enlisted person has completed successfully during the period covered by the DD Form 214 being prepared.

DISCUSSION AND CONCLUSIONS:

1.  General orders awarded the applicant the Purple Heart and the Air Medal during his service in Vietnam.  Therefore, his DD Form 214 should be corrected to show these awards.


2.  The applicant distinguished himself by his conduct, efficiency, and fidelity as evidenced by his combat service, his "excellent" conduct and efficiency ratings, his personal decorations, and his promotion to SGT/E-5.  There is no evidence of any derogatory information or a commander's disqualification that would have precluded from being recommended for or 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 17 August 1967 through 25 March 1969 and to correct his DD Form 214 to show this award.

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

4.  The applicant's unit in Vietnam was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation during his period of service.  Therefore, his DD Form 214 should be corrected to show this unit award.

5.  The regulation in effect at the time stated to enter installation training courses (qualification courses), military correspondence courses, and off-duty courses the enlisted person has completed successfully during the period covered by the
DD Form 214 being prepared.  Therefore, his DD Form 214 should be corrected to show his completion of the Infantry Advanced Individual Training Course in February 1968.

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 item 24 of his DD Form 214 the Vietnam Service Medal and the Marksman Marksmanship Qualification Badge with Rifle Bar (M-14);


	b.  awarding him the Army Good Conduct Medal (1st Award) for the period 17 August 1967 through 25 March 1969;

	c.  adding to item 24 of his DD Form 214 the:

* Air Medal 
* Purple Heart
* Army Good Conduct Medal (1st Award)
* Vietnam Service Medal with one silver service star
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Expert Marksmanship Qualification Badge with Pistol Bar
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-16)

	d.  adding to item 25 of his DD Form 214 the entry "Infantry Advanced Individual Training Course, February 1968."



      __________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)                                         AR20130008855



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ABCMR Record of Proceedings (cont)                                         AR20130008855



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