IN THE CASE OF:	  

		BOARD DATE:	  13 May 2014

		DOCKET NUMBER:  AR20130015299 


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 Purple Heart and two Bronze Star Medals with "V" Device.

2.  The applicant states his DD Form 214 does not reflect the awards.

3.  The applicant provides:

* DD Form 214
* General Orders Number 78
* General Orders Number 9336
* General Orders Number 9693

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 3 February 1969.  He completed training and was awarded military occupational specialty  11B (Light Weapons Infantryman).  He served in the Republic of Vietnam from  12 February to 1 April 1970 with Company C, 2nd Battalion, 8th Cavalry Regiment, 1st Cavalry Division (Airmobile).

3.  Special Orders Number 103, issued by Headquarters, U.S. Army Training Center, Infantry and Fort Polk, Fort Polk, LA, dated 1 May 1969, awarded him the Marksman Marksmanship Qualification Badge with Rifle Bar (M-16).

4.  Special Orders Number 109, issued by Headquarters, U.S. Army Training Center, Infantry and Fort Polk, Fort Polk, LA, dated 8 May 1969, awarded him the Marksman Marksmanship Qualification Badge with Machinegun Bar (M-60).

5.  The applicant provides and his record contains:

   a.  General Orders Number 78, issued by Headquarters, 12th Evacuation Hospital, dated 3 April 1970, awarding him the Purple Heart for wounds received in connection with military operations against a hostile force on 2 April 1970.

   b.  General Orders Number 9336, issued by Headquarters, 1st Cavalry Division (Airmobile), dated 3 June 1970, awarding him the Bronze Star Medal with "V" Device for heroism on 26 March 1970.

   c.  General Orders Number 9693, issued by Headquarters, 1st Cavalry Division (Airmobile), dated 7 June 1970, awarding him the Bronze Star Medal with "V" Device for heroism on 1 April 1970.

6.  His record does not contain a record of a commander's disqualification for award of the Army Good Conduct Medal which would have precluded him from being recommended for or awarded the Army Good Conduct Medal (1st Award).  His DA Form 20 (Enlisted Qualification Record) shows his conduct and efficiency ratings as all "excellent."

7.  On 2 February 1971, he was honorably released from active duty in the rank/grade of sergeant (SGT)/E-5 and transferred to the U.S. Army Reserve Control Group (Annual Training) to complete his remaining service obligation.  The DD Form 214 he was issued shows he was awarded the:

* National Defense Service Medal 
* Vietnam Service Medal
* Army Commendation Medal with "V" Device 
* Republic of Vietnam Campaign Medal with Device (1960)

8.  Army Regulation 672-5-1 (Awards), in effect at the time, provides that the Army Good Conduct Medal is awarded to individuals who have completed a qualified period of active duty enlisted service.  This period is 3 years except in those cases when the period for the first award ends 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.

9.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) was published to assist commanders and personnel officers in determining or establishing the eligibility of Soldiers for campaign participation credit, assault landing credit, and unit citation badges awarded during the Vietnam Conflict.  This pamphlet shows that during his assignment to 2nd Battalion, 8th Cavalry Regiment, 1st Cavalry Division (Airmobile), his unit was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 17 September 1965 through June 1972 by Department of the Army General Orders Number 54, dated 1975. 

10.  Army Regulation 600-8-22 (Military Awards) states 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.  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 Vietnam Winter-Spring 1970 campaign.

DISCUSSION AND CONCLUSIONS:

1.  Special orders awarded him the Marksman Marksmanship Qualification Badge with Rifle Bar (M-16) and Machine Gun Bar (M-60); therefore, he is entitled to correction of his DD Form 214 to show these badge. 

2.  General orders awarded him the Purple Heart and two Bronze Star Medals with "V" Device; therefore, he is entitled to correction of his DD Form 214 to show these awards and decoration.

3.  The evidence of record confirms he served honorably during the period 3 February 1969 through 2 February 1971.  Evidence shows he received all "excellent" conduct and efficiency ratings throughout his service.  His record 
does not contain a commander's disqualification that would have precluded him from being awarded the Army Good Conduct Medal (1st Award).  Therefore, it would be appropriate at this time to award him this medal for the period                3 February 1969 through 2 February 1971 and to correct his DD Form 214 to show this medal.

4.  Department of the Army Pamphlet 672-3 shows his unit was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  Therefore, his DD Form 214 should be corrected to show this citation.

5.  Records show the applicant participated in one campaign during his service in the Republic of Vietnam.  Therefore, he is entitled to one bronze service star for wear on his already-awarded Vietnam Service Medal and correction of his DD Form 214 to show this service star.

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
3 February 1969 through 2 February 1971;
   
   b.  deleting the Vietnam Service Medal from his DD Form 214; and

	c.  adding the following to his DD Form 214:

* Army Good Conduct Medal (1st Award)
* Marksman Marksmanship Qualification Badge with Machine Gun Bar (M-60) and Rifle Bar (M-16)
* Purple Heart
* Bronze Star Medal with "V" Device (2nd Award)
* Republic of Vietnam Gallantry Cross with Palm Unit Citation 
* Vietnam Service Medal with one bronze service star




      ___________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)                                         AR20130015299





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ABCMR Record of Proceedings (cont)                                         AR20130015299



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