IN THE CASE OF:	  

		BOARD DATE:  11 February 2014

		DOCKET NUMBER:  AR20130010457


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) and all military records to include his medical record to show his award of the Silver Star (SS); and any compensation due as a result of this award, if any.

2.  The applicant states the SS is not listed in his military record.

3.  The applicant provides copies of his 

* SS orders
* 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's record show he was inducted into the Army of the United States on 14 November 1967.  He was trained in and awarded military occupational specialty 11B (Light Weapons Infantryman).

3.  His DA Form 20 (Enlisted Qualification Record) shows he served in the Republic of Vietnam (RVN) with the 60th Infantry Regiment from 20 November 1968 to 24 June 1969 and with the 39th Infantry Regiment from 25 June to 
3 August 1969.  Item 38 (Record of Assignments) shows he received "excellent" conduct and efficiency ratings in each of his active duty assignments.

4.  Item 41 (Awards and Decorations) of the DA Form 20 shows the applicant earned the following awards and badges:

* SS
* Bronze Star Medal with Oak Leaf Cluster (BSM w/OLC)
* Air Medal (AM) (w/2 OLC)
* Army Commendation Medal for Valor (ARCOM w/"V" Device)
* Combat Infantryman Badge (CIB)
* Parachutist Badge
* Marksman Marksmanship Qualification Badge with M-14 Rifle Bar

5.  The applicant's Army Military Human Resource Record (AMHRR) (previously known as the Official Military Personnel File) also contains the official orders which announced the applicant's SS, AM w/2OLC and ARCOM w/"V" Device.  It also includes Headquarters, United States Army Training Center, Infantry and Fort Polk, Special Orders Number (#) 080, dated 29 March 1968, which show he qualified "marksman" with the M-16 rifle.

6.  His AMHRR includes Headquarters, 9th Infantry Division, General Orders Number 6134 dated 29 May 1969.  It announced his award of the BSM with "V" Device and OLC. 

7.  Headquarters, United States Army Vietnam, letter dated 16 July 1969, announced the applicant's award of the RVN Gallantry Cross with Bronze Star by the Government of the RVN.

8.  The applicant's AMHRR is void of any derogatory information or a unit commander's disqualification that would have precluded him from receiving the Army Good Conduct Medal (AGCM).


9.  The applicant was honorably released from active duty on 29 August 1969 after completing 1 year, 9 months, and 16 days of creditable active military service.  His DD Form 214 shows he was awarded or authorized the:

* National Defense Service Medal
* Vietnam Service Medal (VSM) 
* Vietnam Campaign Medal
* ARCOM
* AM
* BSM
* Purple Heart (PH)

10.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy and criteria concerning individual military awards.

	a.  Paragraph 2-13 contains guidance on award of the VSM and states a bronze service star is authorized with this award for each campaign a member is credited with participating in while serving in the RVN.  

	b.  Table B-1 contains a list of campaigns and shows that during the applicant's service in the RVN participation credit was awarded for the following campaigns:

* Vietnam Counteroffensive Phase VI
* Tet 69 Counteroffensive 1969
* Vietnam Summer-Fall 1969

   c.  Paragraph 3-11 contains guidance on the SS.  It is awarded to a person who, while serving in any capacity with the U.S. Army, is cited for gallantry in action against an enemy of the United States while engaged in military operations involving conflict with an opposing foreign force, or while serving with friendly foreign forces engaged in armed conflict against an opposing armed force in which the United States is not a belligerent party.  No compensation is authorized for this award at anytime.

11.  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 the 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.

12.  Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) establishes the eligibility of individual members for campaign participation credit, assault landing credit, and unit citation badges awarded during the Vietnam Conflict.  It confirms that during the applicant's service in the RVN, his unit (60th Infantry Regiment) was awarded the RVN Gallantry Cross with Palm Unit Citation and RVN Civil Actions Honor Medal First Class Unit Citation.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's record contains general orders confirming he was awarded the SS, BSM with "V" Device and OLC, AM with 2nd OLC, and ARCOM with "V" Device, by the appropriate award authority.  The SS is not currently reflected on his DD Form 214 and the BSM, AM, and ARCOM are not accurately listed on this document.  Therefore, these awards should be added or properly documented on his DD Form 214 at this time.

2.  The evidence of record confirms the applicant received "excellent" conduct and efficiency ratings at all of his active duty assignments and his record is void of a unit commander's disqualification that would have precluded him from receiving the AGCM.  As a result, it would be appropriate to award the applicant the first award of the AGCM for his qualifying period of honorable active duty service from 14 November 1967 through 29 August 1969 and to add this award to his record and DD Form 214.

3.  Entries contained on the applicant's DA Form 20 and official orders contained in his AMHRR confirm he earned CIB, Parachutist Badge, and the Marksman Marksmanship Qualification Badge with M14 and M16 Rifle Bars.  These qualification badges are not currently listed on his DD Form 214 and should be added at this time.

4.  The evidence of record further confirms that based on the applicant's RVN service with his unit, he is entitled to the RVNGC with Palm Unit Citation and with Bronze Star, RVN Civil Actions Honor Medal First Class Unit Citation, three bronze service stars to be affixed to his already-awarded VSM.  Therefore, his DD Form 214 should be corrected to show these awards.

5.  The Army's award policy does not provide for awarding any type of compensation for the award of the SS.  In addition, the SS is properly reflected in the applicant's AMHRR.  Accordingly, there is no basis for awarding the applicant compensation for the SS or for adding it to his medical record.


BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____X___  ____X___  ___X__ _  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined the evidence presented is 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 the applicant the AGCM for his qualifying period of honorable service from 14 November 1967 through 29 August 1969;

	b.  amending DD Form 214 by deleting the VSM, ARCOM, AM, and BSM and adding the following awards:

* Silver Star
* Bronze Star Medal with Oak Leaf Cluster and "V" Device
* Air Medal with 2nd Oak Leaf Cluster
* Army Commendation Medal with "V" Device
* Army Good Conduct Medal
* Vietnam Service Medal with 3 bronze service stars 
* Republic of Vietnam Gallantry Cross with Palm Unit Citation and with Bronze Star
* Republic of Vietnam Civil Actions Honor Medal with First Class Unit Citation
* Combat Infantryman Badge
* Parachutist Badge
* Marksman Marksmanship Qualification Badge with M14 and M16 Rifle Bars

	c.  providing the applicant with a correction to his DD Form 214 that reflects these changes.

2.  The Board further determined 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 awarding any compensation for the Silver Star or adding this award to his medical record.



      _______ _  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)                                         AR20130002331



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ABCMR Record of Proceedings (cont)                                         AR20130010457



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