IN THE CASE OF:	  

		BOARD DATE:	  28 May 2014

		DOCKET NUMBER:  AR20130016758 


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 the Bronze Star Medal with "V" Device and the Air Medal
* issuance of the Bronze Star Medal with "V" Device, Air Medal, Combat Infantryman Badge, and the Vietnam Service Medal

2.  The applicant states he was awarded the Bronze Star Medal with "V" Device and the Air Medal while in Vietnam but they were never issued to him.  He was also never issued the Combat Infantryman Badge or the Vietnam Service Medal.

3.  The applicant provides his DD Form 214, a letter, and three orders.

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 25 March 1969.  He served in Vietnam from 26 May to 3 October 1970 while assigned to the 3rd Battalion, 12th Infantry, 4th Infantry Division (ID).

3.  He was medically evacuated from Vietnam and on 4 October 1970 he was assigned to the U.S. Army Hospital, Camp Zama, Japan.

4.  The applicant provides and his record contains the following general orders (GO) issued by Headquarters, 4th ID:

* GO Number 5293, dated 21 October 1970, awarded him the Air Medal for meritorious achievement while participating in aerial flight
* GO Number 5829, dated 14 November 1970, awarded him the Bronze Star Medal with "V" Device for heroism in action on 29 September 1970

5.  He was honorably released from active duty on 24 March 1971 and he was transferred to the U.S. Army Reserve.  He completed 2 years of creditable active service with no lost time.

6.  The DD Form 214 he was issued shows the:

* National Defense Service Medal
* Combat Infantryman Badge
* Vietnam Service Medal
* Purple Heart

7.  Item 29 (Qualification in Arms) of his DA Form 20 (Enlisted Qualification Record) shows he qualified as sharpshooter with the M-14 rifle, M-16 rifle, and M-60 machine gun.  Item 38 (Record of Assignments) of this form shows he received "excellent" conduct and efficiency ratings throughout his service.

8.  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 (1st Award).

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

	a.  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.  A review of his records shows that during his service in Vietnam he participated in two campaigns.

	b.  Republic of Vietnam 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.  Also eligible for this award are individuals who qualified for award of the Vietnam Service Medal and served for less than 6 months of service but were wounded as a result of hostile action.

11.  Department of the Army (DA) Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam.  This pamphlet shows the 3rd Battalion, 12th Infantry was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 29 July 1969 through 17 November 1970 by DAGO Number 52, dated 1971

DISCUSSION AND CONCLUSIONS:

1.  GO awarded the applicant the Bronze Star Medal with "V" Device and the Air Medal which are not shown on his DD Form 214.  Therefore, he is entitled to correction of his DD Form 214 to show these medals.

2.  The evidence of record confirms he served honorably from 25 March 1969 through 24 March 1971.  He served with distinction in Vietnam and he received all "excellent" conduct and efficiency ratings throughout his service.  His record is void of a commander's disqualification or any derogatory information that would have disqualified him from receiving the Army Good Conduct Medal (1st Award).  Therefore, it would be appropriate to award him this medal and correct his DD Form 214 to show the medal.

3.  He served in Vietnam during a qualifying period for award of the Republic of Vietnam Campaign Medal with Device (1960); therefore, his DD Form 214 should be corrected accordingly.

4.  His record confirms he qualified as sharpshooter with the M-14, M-16, and
M-60.  Therefore, it would be appropriate to correct his DD Form 214 to show the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14 and 
M-16), and the Sharpshooter Marksmanship Qualification Badge with Machine Gun Bar (M-60). 

5.  His record confirms that during his service in Vietnam he participated in two campaigns.  Therefore, he is entitled to two bronze service stars for wear on his already-awarded Vietnam Service Medal and correction of his DD Form 214 accordingly.

6.  His unit in Vietnam was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation during his period of assignment.  Therefore, his DD Form 214 should be corrected to show this unit award.

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:

* awarding him the Army Good Conduct Medal (1st Award) for exemplary behavior, efficiency, and fidelity during the period 25 March 1969 through 24 March 1971
* deleting from his DD Form 214 the Vietnam Service Medal 
* adding to his DD Form 214 the:

* Bronze Star Medal with "V" Device
* Air Medal
* Army Good Conduct Medal (1st Award)
* Vietnam Service Medal with two bronze service stars
* Republic of Vietnam Campaign Medal with Device (1960)
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar M-16)
* Sharpshooter Marksmanship Qualification Badge with Machine Gun Bar (M-60)
* Issuing him the above awards, plus the Combat Infantryman Badge




      _______ _   _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)                                         AR20130016758





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ABCMR Record of Proceedings (cont)                                         AR20130016758



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