IN THE CASE OF:	  

		BOARD DATE:  20 March 2014

		DOCKET NUMBER:  AR20130011235 


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 he was awarded the Silver Star.

2.  The applicant states:

* His DD Form 214 does not reflect the Silver Star because he was discharged in 1968
* The orders awarding him the Silver Star were not published until 1972
* The medal was pinned on his chest in the field in September 1968 by Brigadier General Fulton, the Deputy Commander of the 9th Infantry Division
* He does not understand why the delay occurred

3.  The applicant provides:

* Headquarters Department of the Army General Orders Number 9, dated 27 January 1972
* Copy of a photograph and a newspaper clipping stating that he was awarded the Silver Star
* Letter and envelope from Major General William B. Fulton, dated 1 July 1971
* Silver Star Citation
* Honorable Discharge Certificate
* 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 was inducted into the Army on 29 March 1966.  He completed training as a medical specialist.  

3.  He arrived in Vietnam on 13 December 1966 and was assigned to Headquarters and Headquarters Company, 2nd Battalion, 39th Infantry Regiment, 9th Infantry Division.  He participated in the following two campaigns:

* Vietnam Counteroffensive, Phase II, which extended from 1 July 1966 through 31 May 1967
* Vietnam Counteroffensive, Phase III, which extended from 1 June 1967 through 29 January 1968

4.  The applicant departed Vietnam en-route to the U.S. on 9 December 1967.  He was released from active duty on 28 March 1968.  The DD Form 214 he received shows he was awarded the:

* Sharpshooter Marksmanship Qualification Badge (Rifle M-14)
* Sharpshooter Marksmanship Qualification Badge (Rifle M-16)
* National Defense Service Medal
* Vietnam Service Medal
* Vietnam Campaign Medal

5.  The applicant provides a copy of General Orders Number 9, dated 27 January 1972, showing he was awarded the Silver Star for exceptionally valorous action on 15 September 1967.

6.  His records show he received "excellent" conduct and efficiency ratings throughout his service.  There is no evidence in his records of any court-martial convictions, unfavorable personnel actions, or statements that would justify his disqualification for award of the Army Good Conduct Medal.

7.  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.

8.  Army Regulation 600-8-22 (Military Awards) states a bronze service star is worn on the appropriate service ribbon, to include the Vietnam Service Medal, for each credited campaign.

9.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in Vietnam.  This pamphlet shows the unit to which the applicant was assigned was cited for the following awards:

	a.  the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 1 December 1966 through 30 June 1968 by Department of the Army General Order (DAGO) Number 31, dated 1969; and

	b.  the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 19 December 1966 through 28 June 1969 by DAGO Number 59, dated 1969.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contentions have been noted.  His supporting evidence has been considered.  He provides a copy of General Orders Number 9 showing he was awarded the Silver Star for exceptionally valorous action on 15 September 1967.  This award should be added on his DD Form 214.

2.  His records show he had "excellent" conduct and efficiency ratings while he was in the Army.  There is no evidence in his records of any court-martial convictions, unfavorable personnel actions, or statements that would justify disqualification for award of the Army Good Conduct Medal.  Therefore, he should be awarded the Army Good Conduct and his DD Form 214 should be amended to show this award.

3.  His DD Form 214 should also be amended to show he is authorized the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, and two bronze service stars to be affixed to his already-awarded Vietnam Service Medal.

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 (First Award) for the period 29 March 1966 through 28 March 1968 and amending his DD Form 214 to add:

* Silver Star
* Army Good Conduct Medal (First Award)
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation
* two silver service stars to be affixed to his already-awarded Vietnam Service 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)                                         AR20130011235



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ABCMR Record of Proceedings (cont)                                         AR20130011235



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