BOARD DATE:	 22 April 2014 

		DOCKET NUMBER:  AR20130013569 


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 award of the:

* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Valorous Unit Award
* Army Good Conduct Medal
* Vietnam Service Medal with three bronze service stars

2.  The applicant states he served in Vietnam from 27 March 1969 to 21 March 1970.  He was assigned to Company C, 3rd Battalion, 21st Infantry Regiment, 196th Brigade, Americal Division.  He served as an infantryman and he qualified as Expert with both the M-16 rifle and the M-60 machine gun.  His unit engaged the enemy multiple times.

3.  The applicant provides his DD Form 214 and a listing of unit citations and campaigns awarded to the 23rd Infantry Division (Americal) and its subordinate units.

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 complete military records are not available for review.  A fire destroyed approximately 18 million service members' records at the National Personnel Records Center in 1973.  It is believed that the applicant's records were lost or destroyed in that fire.  However, there were sufficient documents remaining in a reconstructed record to conduct a fair and impartial review of this case.  He provides his DD Form 214 which is sufficient for the Board to conduct a fair and impartial review of his case.

3.  The applicant's service record, known as the DA Form 201 (Military Personnel Records Jacket), which would have contained his enlistment record, assignment and reassignment orders, DA Form 20 (Enlisted Qualification Record), and award orders and certificates, is not available for review with this case.

4.  Headquarters, Americal Division, General Orders Number 8228, dated 22 August 1969, awarded him the Purple Heart for wounds received in action on 21 August 1969 while assigned to Company C, 3rd Battalion, 21st Infantry Regiment, 196th Infantry Brigade.

5.  His DD Form 214 shows he was inducted into the Army of the United States on 9 October 1968.  This form also shows he held military occupational specialty 11B (Light Weapons Infantryman) and his last unit of assignment was Company B, 2nd Battalion, 41st Infantry, Fort Hood, TX, at the time of his separation.

6.  His DD Form 214 also shows he served in Vietnam from 27 March 1969 to 21 March 1970.  His unit or units of assignment is/are not known.

7.  His DD Form 214 further shows he was honorably released from active duty in the rank/grade of sergeant/E-5 on 20 July 1970.  He completed 1 year, 9 months, and 12 days of active service.  He was awarded or authorized the:

* National Defense Service Medal
* Purple Heart with 1st Oak Leaf Cluster
* Vietnam Service Medal with one bronze service star
* Combat Infantryman Badge
* Republic of Vietnam Campaign Medal with Device (1960)
* Expert Marksmanship Qualification Badge with Rifle Bar
* Army Commendation Medal
* Marksman Marksmanship Qualification Badge with Machine Gun Bar 
(M-60)

8.  His DA Form 20, which would have shown his conduct and efficiency ratings, is not available for review with this case.

9.  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.

10.  Appendix B of Army Regulation 600-8-22 (Military Awards) shows that during his service in Vietnam participation credit was awarded for the Tet 69 Counteroffensive 1969, Vietnam Summer-Fall 1969, and Vietnam Winter-Spring 1970 campaigns.  This same regulation states a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.

10.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows that between 27 March 1969 and 21 March 1970, the 3rd Battalion, 21st Infantry Regiment, was cited for the following awards:

* Valorous Unit Award for service from 13 May to 17 June 1969 in Department of the Army General Orders (DAGO) Number 43, dated 1972
* Republic of Vietnam Gallantry Cross with Palm Unit Citation for service from 16 April to 28 August 1969 in DAGO Number 6, dated 1974
* Republic of Vietnam Gallantry Cross with Palm Unit Citation for service from 24 August to 31 December 1969 and from 31 March to 30 June 1970 in DAGO Number 42, dated 1972

11.  Department of the Army Pamphlet 672-3 states not more than one Republic of Vietnam Gallantry Cross with Palm 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.  


DISCUSSION AND CONCLUSIONS:

1.  The applicant's records are not available for review with this case.  However, the available evidence shows he served in Vietnam from 27 March 1969 to 21 March 1970 and he was assigned to the 3rd Battalion, 21st Infantry Regiment.

2.  He was awarded the Vietnam Service Medal with one bronze service star.  However, during his period of service in Vietnam, campaign credit was awarded for three campaigns.  It is reasonable to presume he was personally present with his unit at the time.  Therefore, he is authorized three bronze service stars to be affixed to his already-awarded Vietnam Service Medal.

3.  DAGO awarded his unit in Vietnam the Valorous Unit Award and two Republic of Vietnam Gallantry Cross with Palm Unit Citations.  Therefore, he is entitled to correction of his DD Form 214 to show these unit awards.

4.  With respect to the Army Good Conduct Medal, in the absence of orders or at least his DA Form 20 which would have confirmed his conduct and efficiency ratings, there is insufficient evidence 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 award of the Vietnam Service Medal with one bronze service star from his DD Form 214 and adding award of the Vietnam Service Medal with three bronze service stars, Valorous Unit Award, and Republic of Vietnam Gallantry Cross with Palm Unit Citation (2nd Award).

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 to the Army Good Conduct 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)                                         AR20130013569



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ABCMR Record of Proceedings (cont)                                         AR20130013569



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