IN THE CASE OF:	  

		BOARD DATE:	  22 April 2014

		DOCKET NUMBER:  AR20130013832 


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 Silver Star.

2.  The applicant states his DD Form 214 doesn't show the Silver Star he was awarded in September 1970.

3.  The applicant provides:

* Silver Star 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 was inducted into the Army of the United States on 23 April 1969.  He arrived in Vietnam on 22 September 1969.  He served as a light weapons infantryman assigned to Company B, 5th Battalion, 12th Infantry Regiment, from 6 October 1969 to 18 September 1970.  He departed Vietnam on or about 20 September 1970.

3.  He provided Headquarters, II Field Force Vietnam, General Orders Number 3838, dated 17 September 1970, which show he was awarded the Silver Star for valorous actions in the Republic of Vietnam (RVN) on 16 May 1970.

4.  On 22 April 1971, he was honorably released from active duty in the rank of sergeant after completing 2 years of creditable active service with no lost time.

5.  His DD Form 214 shows he was awarded or authorized the:

* National Defense Service Medal
* Vietnam Service Medal (VSM) with two bronze service stars
* RVN Campaign Medal with Device (1960)
* Army Commendation Medal with 2nd Oak Leaf Cluster
* Combat Infantryman Badge
* Air Medal
* Purple Heart

6.  Records show he participated in four campaigns during his assignment in Vietnam.

7.  There is no evidence to show the applicant received the first award of the Army Good Conduct Medal (AGCM).  There is no evidence of any disciplinary action or a commander's disqualification that would have precluded him from being awarded the AGCM.  His DA Form 20 (Enlisted Qualification Record) shows he received all "excellent" conduct and efficiency ratings throughout his service.

8.  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 the 5th Battalion, 12th Infantry Regiment, was cited for the:

* Valorous Unit Award (VUA) for actions during the period 1 May-29 June 1970 in Department of the Army General Orders (DAGO) 43, dated 1972
* RVN Gallantry Cross with Palm Unit Citation in DAGO 51, dated 1971
* RVN Civil Actions Honor Medal First Class Unit Citation in DAGO Number 51, dated 1971

9.  Army Regulation 672-5-1 (Awards), in effect at the time, stated the AGCM 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.  There must have been no convictions by a court-martial.

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

DISCUSSION AND CONCLUSIONS:

1.  Orders show the applicant was awarded the Silver Star.  Therefore, his DD Form 214 should be corrected to show this award.

2.  He was honorably released from active duty in the rank of sergeant with 2 years of total active service and no lost time.  He received all "excellent" conduct and efficiency ratings throughout his service and he had no record of any disciplinary action or a commander's disqualification.  It appears he met the eligibility criteria for the first award of the AGCM for the period 22 April 1969 through 22 April 1971 based on completion of a period of qualifying service ending with the termination of a period of Federal military service.  Therefore, he should be awarded the AGCM (1st Award) and his DD Form 214 should be corrected to show this award.

3.  His DD Form 214 shows he was authorized award of the VSM with two bronze service stars, but he participated in four campaigns during his assignment in Vietnam which entitles him to the VSM with four bronze service stars.  His DD Form 214 should be corrected to show these service stars.

4.  His unit in Vietnam was cited for award of the VUA, RVN Gallantry Cross with Palm Unit Citation, and RVN Civil Actions Honor Medal First Class Unit Citation during his period of assignment.  His DD Form 214 should be corrected to show 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 the evidence presented is 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:

	a.  awarding him the AGCM (1st Award) for the period 23 April 1969 through 22 April 1971;

	b.  deleting award of the VSM with two bronze service stars from his DD Form 214; and

	c.  adding the following awards to his DD Form 214:

* Silver Star
* AGCM (1st Award)
* VSM with four bronze service stars
* VUA
* RVN Gallantry Cross with Palm Unit Citation
* RVN Civil Actions Honor Medal First Class Unit Citation



      ______________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)                                         AR20130013832



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ABCMR Record of Proceedings (cont)                                         AR20130013832



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