IN THE CASE OF: 

		BOARD DATE:	  8 May 2014

		DOCKET NUMBER:  AR20130014845 


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 all of his authorized awards.

2.  The applicant states that some of his awards were omitted in error at the time of his separation.

3.  The applicant provides his DD Form 214 for the period ending 7 January 1970.

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 military records show:

	a.  He was inducted into the Army of the United States on 13 February 1968.

	b.  He held military occupational specialty 13B (Field Artillery Crewman).

	c.  General Orders Number 5244, issued by the Headquarters, 4th Infantry Division, RVN, dated 7 August 1969, awarded him the Purple Heart for wounds received by a hostile force on 6 August 1969.

	d.  He served in the RVN from 20 January 1969 to 4 January 1970.

	e.  He was assigned to Battery C, 6th Battalion, 29th Artillery, 4th Infantry Division, during his tour of duty in the RVN.

	f.  Item 38 (Record of Assignments) of his DA Form 20 (Enlisted Qualification Record) shows he received all "excellent" conduct and efficiency ratings throughout his service.

	g.  He was honorably released from active duty on 7 January 1970 in the rank/pay grade of sergeant (SGT)/E-5.

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

* National Defense Service Medal
* Sharpshooter Marksmanship Qualification Badge with (M-14) Rifle Bar
* Marksman Marksmanship Qualification Badge with (M-16) Rifle Bar
* Army Commendation Medal with "V" Device
* First Class Gunner with Field Artillery Bar
* two Overseas Service Bars

4.  His records are void of any derogatory information, convictions by a court-martial, or a commander's disqualification that would have precluded him from being awarded the Army Good Conduct Medal (AGCM) (1st Award).

5.  Army Regulation 600-8-22 (Military Awards) provides for the following awards:

	a.  The Vietnam Service Medal is awarded to all members of the Armed Forces of the United States for qualifying service in Vietnam after 3 July 1965 through 28 March 1973.  Qualifying service included attachment to or assignment for 1 or more days with an organization participating in or directly supporting military operations.

	b.  A bronze service star is authorized with Vietnam Service Medal 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 Vietnam Counteroffensive (Phase VI), Tet 69 Counteroffensive, Vietnam Summer-Fall 1969, and Vietnam Winter-Spring Campaigns.

	c.  The RVN Campaign Medal with Device (1960) was awarded by the Government of Vietnam to all members of the Armed Forces of the United States for qualifying service in Vietnam during the period 1 March 1961 through 28 March 1973.  Qualifying service included assignment in Vietnam for 6 months or more.  

6.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam.  The pamphlet shows the 6th Battalion, 29th Field Artillery was awarded the: 

	a.  Meritorious Unit Commendation, for the period 1 November 1968 to 
30 April 1969 by Department of the Army General Orders (DAGO) Number 39, dated 1970.

	b.  RVN Gallantry Cross with Palm Unit Citation for the period 1 October 1966 to 31 October 1969 by DAGO Number 53, dated 1970 .  His unit received a second award for the period 29 July 1969 to 17 November 1970, based on DAGO Number 52, dated 1971. 

	c.  RVN Civil Actions Honor Medal First Class Unit Citation for the period 
1 October 1966 to 31 October 1969 based on DAGO Number 53, dated 1970.

7.  Department of the Army Pamphlet 672-3, paragraph 6 (Miscellaneous Information) states that not more than one award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation may be worn by any individual.  Although wear of multiple awards of this unit citation badge is not authorized, official military personnel and historical records will indicate all awards received.

DISCUSSION AND CONCLUSIONS:

1.  The available evidence supports his request for correction of his DD Form 214 to show missing awards.

2.  General orders awarded the applicant the Purple Heart for wounds he sustained as a result of hostile action on 6 August 1969.  Therefore, it would be appropriate to add the Purple Heart to his DD Form 214.
3.  He served a qualifying period for award of the Vietnam Service Medal and he participated in four campaigns while serving in the RVN.  Therefore, his 
DD Form 214 should be corrected to show the Vietnam Service Medal with four bronze service stars.

4.  He also served a period of qualifying service for award of the RVN Campaign Medal with Device (1960).

5.  General orders awarded his RVN unit the Meritorious Unit Commendation, two RVN Gallantry Cross with Palm Unit Citations, and the RVN Civil Actions Honor Medal First Class Unit Citation.  The applicant should be aware that he may only display one RVN Gallantry Cross with Palm Unit Citation on his uniform.

6.  His records are void of any derogatory information which would have disqualified him from receiving the first award of the Army Good Conduct Medal.  Therefore, he should be awarded the Army Good Conduct Medal (1st Award) and his records should be corrected to show this award.

7.  Based on the above, his request should be granted.

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:

	a.  awarding him the Army Good Conduct Medal (1st Award) for the period 
13 February 1968 through 7 January 1970 

	b.  adding to his DD Form 214 the:

* Purple Heart
* Army Good Conduct Medal (1st Award)
* Meritorious Unit Commendation
* Vietnam Service Medal with four bronze service stars
* RVN Campaign Medal with "1960" Device
* RVN Gallantry Cross with Palm Unit Citation (2nd Award)
* 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)                                         AR20130014845





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ABCMR Record of Proceedings (cont)                                         AR20130014845



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