BOARD DATE:	  27 February 2014

		DOCKET NUMBER:  AR20130010836 


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, in effect, correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to add the:

* Purple Heart
* Bronze Star Medal with "V" Device (2nd Award)
* Army Good Conduct Medal
* Combat Infantryman Badge

2.  The applicant states, in effect, he received these awards but they were not added to his DD Form 214.

3.  The applicant provides:

* General Orders (GO) Number 896, dated 9 June 1970
* Certificate for award of the Purple Heart
* GO Number 3367, dated 22 July 1970
* GO Number 20931, dated 1 December 1970
* Certificate for award of the Bronze Star Medal (2nd Award)
* Vietnam Combat Certificate
* Special Orders (SO) Number 356, dated 22 December 1970
* DD Form 214
* Letter Orders Number 01-1004794, dated 22 January 1975
* Honorable Discharge Certificate


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 18 February 1969.  He held military occupational specialty 11B (Light Weapons Infantryman) and attained the rank/grade of sergeant (SGT)/E-5.

3.  SO Number 077, issued by Headquarters, U.S. Army Training Center, Infantry, Fort Polk, LA on 2 April 1969 awarded him the Expert Marksmanship Qualification Badge with Rifle Bar (M-14).

4.  SO Number 118, issued by Headquarters, U.S. Army Training Center, Infantry, Fort Polk, LA on 19 May 1969 awarded him the Marksman Marksmanship Qualification Badge with Rifle Bar (M-16).

5.  SO Number 124, issued by Headquarters, U.S. Army Training Center, Infantry, Fort Polk, LA on 26 May 1969 awarded him the Second Class Gunner Marksmanship Qualification Badge with Machine Gun Bar (M-60).

6.  His DA Form 20 (Enlisted Qualification Record) shows he was assigned to Vietnam from 2 February 1970 to 20 December 1970 and served with:

* Company B, 5th Battalion, 12th Infantry Regiment, 199th Infantry Brigade from 16 February 1970 to 15 September 1970
* Company B, 1st Battalion, 12th Cavalry Regiment, 1st Cavalry Division from 16 September 1970 to 18 December 1970

7.  SO Number 85, issued by Headquarters, 199th Infantry Brigade, on 26 March 1970 awarded him the Combat Infantryman Badge.

8.  GO Number 896, issued by Headquarters, 199th Infantry Brigade, on 9 June 1970 awarded him the Purple Heart for wounds he received in connection with ground operations on 7 June 1970.

9.  GO Number 3367, issued by Headquarters, U.S. Army Vietnam, on 22 July 1970 awarded him the Bronze Star Medal with "V" Device.

10.  GO Number 3801, issued by Headquarters, U.S. Army Vietnam, on 
18 August 1970 awarded him the Air Medal.

11.  GO Number 18534, issued by Headquarters, 1st Cavalry Division, on 
20 October 1970 Awarded him the Air Medal (2nd Award).

12.  GO Number 20931, issued by Headquarters, 1st Cavalry Division on 
1 December 1970 awarded him the Bronze Star Medal (2nd Award).

13.  His record contains a memorandum dated 14 December 1970 showing his commander recommended him for the Army Good Conduct Medal.  Additionally, his commander indicated he had received "excellent" conduct and efficiency ratings.

14.  He was honorably released from active duty on 22 December 1970.  His DD Form 214 shows he completed 1 year, 10 months, and 5 days of net active service, of which 10 months and 20 days was credited as foreign service.  Additionally, it shows he was awarded or authorized the:

* National Defense Service Medal
* Bronze Star Medal
* Air Medal
* Army Commendation Medal
* Vietnam Service Medal
* Vietnam Campaign Medal

15.  A review of the applicant's record shows he is entitled to additional awards and decorations.

16.  Army Regulation 600-8-22 (Military Awards), paragraph 2-13 contains the regulatory guidance on the Vietnam Service Medal and 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, participation credit was awarded for the following three campaigns:


* Vietnam Winter-Spring 1970 (1 November 1969 - 30 April 1970)
* DA Sanctuary Counteroffensive (1 May 1970 - 30 June 1970)
* Vietnam Counteroffensive, Phase VII (1 July 1970 - 30 June 1971)

17.  Department of the Army (DA) Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam.  This pamphlet shows the 5th Battalion, 12th Infantry Regiment, 199th Infantry Brigade was cited for award of the: 

* Valorous Unit Award for the period 1 May 1970 to 29 June 1970 by DAGO Number 43, dated 1972
* Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 19 June 1968 to 31 July 1970 by DAGO Number 51, dated 1971
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 1 April 1968 to 21 August 1970 by DAGO Number 1970, dated 1971

18.  A review of his service records shows no derogatory information in the form of time lost, nonjudicial punishment, or suspension of favorable personnel actions, or a commander's disqualification that would have precluded him from being recommended for and awarded the first award of the Army Good Conduct Medal for the period 18 February 1969 through 22 December 1970.

19.  Army Regulation 672-5-1 (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.

DISCUSSION AND CONCLUSIONS:

1.  GO awarded him the Purple Heart; therefore, he is entitled to correction of his DD Form 214 to show this award.

2.  GO awarded him the Bronze Star Medal with "V" Device and a second award of the Bronze Star Medal; therefore, he is entitled to correction of his DD Form 214 to show award of the Bronze Star Medal with "V" Device (2nd Award).

3.  The applicant served honorably during the period 18 February 1969 through 


22 December 1970.  There is no derogatory information in the form of nonjudicial punishment or suspension of favorable personnel actions that would disqualify him for the first award of the Army Good Conduct Medal.  Additionally, his commander recommended him for the Army Good Conduct Medal and indicated he had received "excellent" conduct and efficiency ratings.  He met the criteria for this award; therefore, he is entitled to award of the Army Good Conduct Medal (1st Award) and correction of his DD Form 214 to add this award.

4.  SO awarded him the Combat Infantryman Badge; therefore, he is entitled to correction of his DD Form 214 to add this badge.

5.  GO awarded him two awards of the Air Medal; therefore, he is entitled to correction of his DD Form 214 to show the Air Medal (2nd Award).

6.  SO awarded him the Expert Marksmanship Qualification Badge with Rifle Bar 
(M-14),  the Marksman Marksmanship Qualification Badge with Rifle Bar (M-16), and the Second Class Gunner Marksmanship Qualification Badge with Machine Gun Bar (M-60).  Therefore, he is entitled to correction of his DD Form 214 to add these marksmanship badges.

7.  The evidence of record shows he participated in three campaigns while serving in Vietnam; therefore, he is entitled to correction of his DD Form 214 to show three bronze service stars affixed to his previously-awarded Vietnam Service Medal.

8.  GO awarded his unit in Vietnam the Valorous Unit Award, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation during the period he served with this unit.  Therefore, he is entitled to correction of his DD Form 214 to add 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:

* awarding him the Army Good Conduct Medal (1st Award) for the period 
18 February 1969 through 22 December 1970
* deleting from his DD Form 214 the:

* Bronze Star Medal
* Air Medal
* Vietnam Service Medal

* adding to his DD Form 214 the:

* Bronze Star Medal with "V" Device (2nd Award)
* Purple Heart
* Air Medal (2nd Award)
* Army Good Conduct Medal (1st Award)
* Combat Infantryman Badge
* Vietnam Service Medal with three bronze service star
* Valorous Unit Award
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* 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)
* Second Class Gunner Marksmanship Qualification Badge with Machine Gun Bar (M-60)



      _______ _   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)                                         AR20130010836





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ABCMR Record of Proceedings (cont)                                         AR20130010836



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