BOARD DATE:	  30 April 2014

		DOCKET NUMBER:  AR20130015387 


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:

* Silver Star
* Bronze Star Medal with three oak leaf clusters and "V" Device
* Army Commendation Medal with oak leaf cluster and "V" Device
* Purple Heart
* Air Medal with Oak Leaf Cluster

2.  The applicant states he has been trying for years to have these awards entered on his DD Form 214.  The awards are of great significance to him.

3.  The applicant provides copies of:

* DD Form 214
* General Orders (GO) Number 4922, 1st Cavalry Division, dated 29 August 1967
* GO Number 6190, 1st Cavalry division, dated 11 October 1967
* GO Number 6333, 1st Cavalry Division, dated 16 October 1967
* GO Number 6454, 1st Cavalry Division, dated 22 October 1967
* GO Number 4947, 1st Cavalry Division, dated 16 June 1968
* GO Number 6149, 1st Cavalry Division, dated 25 June 1968
* GO Number 7895, 1st Cavalry Division, dated 11 July 1968
* GO Number 8138, 1st Cavalry Division, dated 13 July 1968


* GO Number 9897, 1st Cavalry Division, dated 10 August 1968
* GO Number 10825, 1st Cavalry Division, dated 19 August 1968
* GO Number 15248, 1st Cavalry Division, dated 24 December 1968
* DA Form 20 (Enlisted Qualification Record)

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.  On 14 October 1965, the applicant enlisted in the Regular Army.  He completed his initial training to include the basic airborne course.

3.  On 7 April 1966, the applicant departed Fort Benning, Georgia for duty in the Republic of Vietnam (RVN).

4.  On 3 May 1966, he arrived in the RVN and was subsequently assigned to Battery B, 2nd Battalion, 19th Field Artillery Regiment, 1st Cavalry Division.

5.  The following GOs, as provided by the applicant and on file in his records, show the 1st Cavalry Division announced the indicated awards:

* GO Number 4922, dated 29 August 1967: Air Medal for the period November 1966 to August 1967
* GO Number 6190, dated 11 October 1967: Air Medal for the period May 1966 to September 1967
* GO Number 6333, dated 16 October 1967: Army Commendation Medal for meritorious service for May 1966 to November 1967
* GO Number 6454, dated 22 October 1967: Bronze Star Medal with "V" Device for heroism on 27 December 1966
* GO Number 4947, dated 16 June 1968: Bronze Star Medal for meritorious service from July 1967 to July 1968
* GO Number 6149, dated 25 June 1968: Purple Heart for wounds received in action on 12 June 1968
* GO Number 7895, dated 11 July 1968: Army Commendation Medal with "V" Device for heroism on 31 January 1968
* GO Number 8138, dated 13 July 1968: Army Commendation Medal with "V" Device for heroism on 12 May 1968
* GO Number 9897, dated 10 August 1968: Bronze Star Medal with "V" Device for heroism on 29 May 1968
* GO Number 10825, dated 19 August 1968: Bronze Star Medal for meritorious service from 14 October 1967 to 13 October 1968
* GO Number 15248, dated 24 December 1968: Silver Star for heroism on 12 June 1968

6.  On 24 July 1968, the applicant attained the rank of staff sergeant, pay grade E-6.

7.  On 5 October 1968, the applicant departed the RVN and returned to the United States.  On the next day, he was released from active duty.  His DD Form 214 lists his awards as:

* National Defense Service Medal
* Vietnam Service Medal
* Vietnam Campaign Medal
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar
* Bronze Star Medal
* Air Medal
* Army Commendation Medal
* Purple Heart
* Parachutist Badge

8. Item 38 (Record of Assignments) of the applicant's DA Form 20 (Enlisted Qualification Record) shows that his conduct and efficiency ratings were "excellent."  The applicant’s records do not contain any evidence of disciplinary action.  There is no evidence to show that the commander took any action to deny him the Army Good Conduct Medal.

9.  Army Regulation 600-8-22 (Military Awards):

	a.  Only one decoration will be awarded to an individual or unit for the same act, achievement, or period of meritorious service.

	b.  The oak leaf cluster denotes an additional award.  The "V" device denotes that one of more of that particular award was for valor.

	c.  Appendix B of this regulation shows that based on the applicant's dates of service in the RVN he participated in the following six campaigns:  Vietnam Counteroffensive, Vietnam Counteroffensive Phase II, Vietnam Counteroffensive Phase III, Tet Counteroffensive, Vietnam Counteroffensive Phase IV, and Vietnam Counteroffensive Phase V.  This same regulation states a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.  One silver service star denotes participation in five campaigns.

10.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in the RVN.  This publication shows that the 2nd Battalion, 19th Artillery Regiment, during the time of the applicant's assignment, was cited in Department of the Army General Orders Number 59, dated in 1969 for award of the RVN Gallantry Cross with Palm Unit Citation.

11.  Army Regulation 672-5-1 (Awards), in effect at the time, provided that the Army Good Conduct Medal was awarded to enlisted Soldiers who had 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.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 should be corrected to show:

* Silver Star
* Bronze Star Medal with "V" Device and three oak leaf clusters
* Army Commendation Medal with "V" Device and oak leaf cluster
* Purple Heart
* Air Medal with oak leaf cluster

2.  The available evidence shows that two separate GOs were published announcing the applicant's award of the Air Medal.  The first GO cited the period of meritorious achievement as November 1966 to August 1967.  The second GO announced the period of meritorious achievement as May 1966 to September 1967.  Because only one decoration will be awarded to an individual or unit for the same act, achievement, or period of meritorious service, it would not be appropriate to show more than one air Medal on the applicant's DD Form 214.

3.  The available evidence shows that the applicant was awarded the Purple Heart for wounds sustained in action on 12 June 1968.  Because his DD Form 214 already shows the Purple Heart, no further action is required on this issue.

4.  The available evidence shows that GOs announced three awards of the Army Commendation Medal to the applicant.  Two of these medals were for valor.  Therefore, his DD Form 214 should show the Army Commendation Medal with two oak leaf clusters and the "V" Device.

5.  The available evidence shows that GOs announced four awards of the Bronze Star Medal to the applicant.  Two of these medals were for valor.  Two were for meritorious service that overlapped except for a 3 1/2 month period from July 1967 to 13 October 1967.  Therefore, his DD Form 214 should show the Bronze Star Medal with three oak leaf clusters and "V" Device.

6.  GOs announced award of the Silver Star to the applicant.  Therefore, his DD Form 214 should show this medal.

7.  The applicant’s records clearly show that he distinguished himself in the performance of his military service as evidenced by his attaining the rank of staff sergeant and receiving all "excellent" conduct and efficiency ratings.  Therefore, it is presumed that his not receiving an Army Good Conduct Medal for his service was an oversight.  Accordingly, he should be awarded this medal.

8.  Records show that the applicant participated in six campaign periods during his service in the RVN.  Therefore, he is eligible for award of a silver service star and a bronze service star to be affixed to his already-awarded Vietnam Service Medal.

9.  The applicant's unit was cited in general orders for award of the RVN Gallantry Cross with Palm Unit Citation.  Therefore, his records should be corrected to show this foreign unit 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:

	a.  deleting from his DD Form 214 the following awards:

* Vietnam Service Medal
* Bronze Star Medal
* Army Commendation Medal

	b.  awarding him the Army Good Conduct Medal (1st award) for the period 14 October 1965 to 6 October 1968; and

	c.  showing that, in addition to the awards already shown on his DD Form 214, his authorized awards include:

* Silver Star
* Bronze Star Medal with three oak leaf clusters and "V" Device
* Army Commendation Medal with two oak leaf clusters and the "V" Device
* Army Good Conduct Medal
* Vietnam Service Medal with one silver service star and one bronze service star
* Republic of Vietnam Gallantry Cross with Palm Unit Citation

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 showing a second Air Medal on his DD Form 214.



      ____________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)                                         AR20130015387



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ABCMR Record of Proceedings (cont)                                         AR20130015387



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