IN THE CASE OF:	  

		BOARD DATE:  4 March 2014

		DOCKET NUMBER:  AR20130010552 


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:

* Purple Heart
* two awards of the Bronze Star Medal with "V" Device
* seven awards of the Air Medal
* five awards of the Army Commendation Medal with "V" Device

2.  The applicant states his DD Form 214 does not indicate the requested awards except for one award of the Bronze Star Medal and one award of the Air Medal. 

3.  The applicant provides:

* DD Form 214
* three letters to the U.S. Army Human Resources Command
* General Orders (GO) Number 7843 for the Bronze Star Medal with "V" Device
* citation for the Air Medal
* GO Number 4677 for the Army Commendation Medal with "V" Device
* GO Number 154 for award of the Purple Heart

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 shows he was inducted into the Army of the United States on 11 January 1968 and he held military occupational specialty 11B (Light Weapons Infantryman).

3.  Special Orders (SO) Number 63, issued by Headquarters, U.S. Army Training Center, Fort Campbell, KY, on 7 March 1968, awarded him the Expert Marksmanship Qualification Badge with Rifle Bar (M-14).

4.  SO Number 133, issued by Headquarters, U.S. Army Training Center, Infantry, Fort Polk, LA, on 24 May 1968, awarded him the Marksman Marksmanship Qualification Badge with Rifle Bar (M-16).

5.  SO Number 137, issued by Headquarters, U.S. Army Training Center, Infantry, Fort Polk, LA, on 28 May 1968, awarded him the Expert Marksmanship Qualification Badge with Machine Gun Bar (M-60).

6.  He served in Vietnam from on or about 24 July 1968 to on or about 12 August 1969.  He was assigned to Company A, 4th Battalion, 39th Infantry, 9th Infantry Division, from 3 August 1968 to 9 July 1969.

7.  Headquarters, 9th Infantry Division, published the following GO/SO: 

* SO Number 260, on 16 September 1968, awarding him the Combat Infantryman Badge
* GO Number 108, on 3 January 1969, awarding him the Air Medal for meritorious achievement in Vietnam from 10 August to 12 November 1968
* GO Number 3928, on 3 April 19698, awarding him the Air Medal for meritorious achievement in Vietnam from 1 November 1968 to 7 February 1969
* GO Number 4234, on 9 April 1969, awarding him the Army Commendation Medal with "V" Device for heroism on 19 March 1969
* GO Number 4508, on 14 April 1969, awarding him the Army Commendation Medal (1st Oak Leaf Cluster (OLC)) for achievement from 1 to 30 March 1969
* GO Number 4603, on 16 April 1969, awarding him the Army Commendation Medal with "V" Device (2nd OLC) for heroism on 5 December 1968
* GO Number 4677, on 18 April 1969, awarding him the Army Commendation Medal with "V" Device (3rd OLC) for heroism on 15 December 1968
* GO Number 4733, on 19 April 1968, awarding him the Army Commendation Medal for achievement from 10 September to 16 October 1968
* GO Number 4803, on 21 April 1969, awarding him the Army Commendation Medal for achievement from 20 November 1968 to 5 January 1969
* GO Number 5989, on 26 May 1969, awarding him the Air Medal for meritorious achievement 
* GO Number 7843, on 27 June 1969, awarding him the Bronze Star Medal with "V" Device for heroism on 27 May 1969
* GO Number 9848, on 11 July 1969, awarding him the Air Medal (5th and 6th OLC) for achievement from 2 to 31 May 1969

8.  He provides GO Number 154, issued by Headquarters, 3rd Surgical Hospital on 4 June 1969 awarding him the Purple Heart for wounds received in action on 4 June 1969.

9.  He was honorably released from active duty in the rank/grade of sergeant (SGT)/E-5 on 15 August 1969.  He completed 1 year, 7 months, and 5 days of total active service with no time lost.  His DD Form 214 shows he was awarded or authorized the:

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

10.  Army Regulation 600-8-22 (Military Awards) states the bronze "V" Device indicates acts of heroism involving conflict with an armed enemy and authorizes the device in conjunction with awards of the Army Commendation Medal, the Air Medal, and the Bronze Star Medal.  Although more than one award of the Army Commendation Medal, the Air Medal, or the Bronze Star Medal may be made for heroism to the same person, only one "V" Device may be worn on awards of these medals.

11.  A review of the applicant's service record shows no derogatory information that would disqualify him for the first award of the Army Good Conduct Medal.  Furthermore, item 38 (Record of Assignments) of his DA Form 20 (Enlisted Qualification Record) shows he received all "excellent" conduct and efficiency ratings during his military service.

12.  Army Regulation 672-5-1 (Military Awards), in effect at the time, provided that the Army Good Conduct Medal was awarded to individuals who completed a qualified period of active duty enlisted service.  This period was 3 years except in those cases when the period for the first award ended 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.

13.  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 during his service with the 4th Battalion, 39th Infantry, his unit was cited for award of the 

* Republic of Vietnam Gallantry Cross with Palm Unit Citation for service from 1 July to 13 November 1968 by Department of the Army General Order (DAGO) Number 31, dated 1969, and from 1 January to 30 June 1969, by DAGO Number 59, dated 1969
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for service from 19 December 1966 to 28 June 1969 by DAGO Number 59, dated 1969

14.  Department of the Army Pamphlet 672-3 states not more than one Republic of Vietnam Gallantry Cross Unit Citation will be worn by any individual.  Although multiple awards of this unit citation are not authorized for wear, official military and historical records will indicate all awards received.  

15.  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. Appendix B shows that during his service in Vietnam, the applicant participated in the following three campaigns:

* Vietnam Counteroffensive Phase V; 1 July - 1 November 1968
* Vietnam Counteroffensive Phase VI   2 November 1968 - 22 February 1969
* Tet 69/Counteroffensive; 23 February - 8 June 1969
* Vietnam Summer - Fall 1969; 9 June - 31 October 1969

DISCUSSION AND CONCLUSIONS:

1.  GO awarded the applicant the Purple Heart for wounds received in action on 4 June 1968.  Therefore, he is entitled to correction of his DD Form 214 to show this award.  

2.  The applicant's records show he was awarded the Bronze Star Medal with "V" Device for heroism on 27 May 1969.  There are no GO in his service records to support a second award.  It is unclear if he was issued a second award for service or if the existing award on the DD Form 214 inadvertently omitted the "V" device.  In the absence of orders, there is insufficient evidence to add a second award of the Bronze Star Medal. 

3.  The applicant was awarded seven awards of the Air Medal as evidenced by the entry on GO Number 9848, issued on 11 July 1969, awarding him the Air Medal (5th and 6th OLC) for achievement from 2 to 31 May 1969.  Therefore, his 
DD Form 214 should be corrected to show all seven awards. 

4.  The applicant was issued six awards of the Army Commendation Medal, three of which were for heroism.  Although more than one award of the Army Commendation Medal may be made for heroism to the same person, only one "V" Device may be worn on awards of these medals.  He is entitled to correction of his DD Form 214 to show the Army Commendation Medal (6th Award) with V" Device. 

5.  The applicant was awarded the Vietnam Service Medal.  He also participated in four campaigns that entitle him to four bronze service stars for wear on his already-awarded Vietnam Service Medal.  Therefore, his DD Form 214 should be corrected to show these bronze service stars.

6.  His unit in Vietnam was cited for two awards of the Republic of Vietnam Gallantry Cross with Palm Unit Citation and one award of 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.

7.  SO awarded him the Expert Marksmanship Qualification Badge with Rifle Bar (M-14), Marksman Marksmanship Qualification Badge with Rifle Bar (M-16), and the Expert Marksmanship Qualification Badge with Machine Gun Bar (M-60).  He is entitled to correction of his DD Form 214 to show these badges. 
8.  He served honorably during the period 11 January 1968 through 15 August 1969.  He attained the rank/grade of SGT/E-5, served in Vietnam, and received all "excellent" conduct and efficiency ratings throughout his service.  Absent any derogatory information on file that would have disqualified him, it would be appropriate at this time to award him the Army Good Conduct Medal (1st Award) based on completion of qualifying service ending with the termination of a period of Federal military service and to correct his DD Form 214 to show this award.

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:

* deleting from his DD Form 214 the Vietnam Service Medal, Army Commendation Medal, Bronze Star Medal, and Air Medal
* awarding him the Army Good Conduct Medal (1st Award) for the period
11 January 1968 through 15 August 1969
* adding to his DD Form 214 the:

* Bronze Star Medal with "V" Device
* Army Commendation Medal (6th Award) and with "V" Device
* Air Medal (7th Award)
* Army Good Conduct Medal (1st Award)
* Vietnam Service Medal with four bronze service stars
* Republic of Vietnam Gallantry Cross with Palm Unit Citation (2nd Award)
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation
* Expert Marksmanship Qualification Badge with Rifle Bar (M-14)
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-16)
* Expert Marksmanship Qualification Badge with Machine Gun Bar     (M-60)

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 a second award of the Bronze Star 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)                                         AR20130010552





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ABCMR Record of Proceedings (cont)                                         AR20130010552



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