IN THE CASE OF:  

		BOARD DATE: 22 May 2014

		DOCKET NUMBER:  AR20130016867


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 his authorized awards.

2.  The applicant states his Purple Heart was not listed on his DD Form 214, but was later added.  He is concerned that he may be authorized other awards that have been left off the DD Form 214. 

3.  The applicant did not provide any supporting documentation.

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 enlisted in the Regular Army on 28 April 1967.  He held military occupational specialty (MOS) 11E (Armor Crewman).  
3.  His DA Form 20 (Enlisted Qualification Record) shows in:

	a.  Item 38 (Record of Assignments) that he was assigned to Headquarters and Headquarters Company, 1st Battalion, 69th Armor, 4th Infantry Division, Vietnam, from 19 January to 29 December 1969. 

	b.  Item 41 (Awards and Decorations) that he was awarded the National Defense Service Medal, Vietnam Service Medal, and Republic of Vietnam Campaign Medal, two Overseas Service Bars, Expert Marksmanship Qualification Badge with Pistol, Submachine Gun, and Rifle Bars, and the Sharpshooter Marksmanship Qualification Badge with Machinegun Bar, 

4.  His DA Form 20 shows all his conduct and efficiency ratings were “excellent.”

5.  He was honorably released from active duty on 1 January 1970 as a specialist five (SP5)/E-5.  He had completed 2 years, 8 months, and 4 days of creditable active duty service.  His DD Form 214 lists his authorized awards as the:

* Purple Heart (Added by DD Form 215 (Corrections to DD Form 214))
* National Defense Service Medal
* Vietnam Service Medal
* Vietnam Campaign Medal
* Expert Marksmanship Qualification Badge with Rifle Bar (M-14)]
* Two Overseas Service Bars

6.  A review of the Awards and Decorations Computer-Assisted Retrieval System, an index of general orders issued during the Vietnam era between 
1965 and 1973 maintained by the U.S. Army Human Resources Command Military Awards Branch, revealed general orders showing he was awarded the Army Commendation Medal on 19 December 1969 for meritorious service. 

7.  A review of his records shows he is authorized additional awards not listed on his DD Form 214.

8.  Army Regulation 672-5-1 (Awards), in effect at the time, stated the Army Good Conduct Medal was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940; for 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.  
9.  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 will be awarded for wear on the Vietnam Service Medal for participation in each campaign.  During his service in Vietnam, the applicant participated in the following four campaigns: 

* Counteroffensive Phase VI               2 November 1968 - 22 February 1969
* Tet 69/Counteroffensive                   23 February - 8 June 1969
* Summer - Fall 1969                            9 June - 31 October 1969
* Winter - Spring 1970                           1 November 1969 - 30 April 1970

10.  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 unit to which the applicant was assigned was cited for award of the:

	a.  Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 1 August 1967-28 July 1969 by Department of the Army General Order (DAGO) Number 3, dated 1970, as amended by DAGO Number 38, dated 1970, and for the period 29 July 1969-10 April 1970 by DAGO 52, dated 1971.

	b.  Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 1 August 1967-31 October 1969 by DAGO Number 53, dated 1970.

DISCUSSION AND CONCLUSIONS:

1.  The available evidence clearly shows he distinguished himself in the performance of his military service as evidenced by his promotion to SP5 and receipt of a personal decoration.  There is no evidence of a commander's disqualification for the first award of the Army Good Conduct Medal.  It is presumed that his not receiving the first award of the Army Good Conduct Medal for his service was an oversight.  Therefore, he should be awarded the first award of the Army Good Conduct Medal.

2.  General orders show he was awarded the Army Commendation Medal.

3.  His DA Form 20 shows he was also awarded the Expert Marksmanship Qualification Badge with Pistol and Submachine Gun Bars and the Sharpshooter Marksmanship Qualification Badge with Machinegun Bar.

4.  Records show he participated in four campaign periods during his service in the Vietnam.  Therefore, he is authorized four bronze service stars for wear on his already-awarded Vietnam Service Medal.

5.  During the applicant's service in Vietnam, his unit was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation (2 Awards) and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.

6.  His DD Form 214 should be corrected to show these 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 Army Good Conduct Medal (1st Award) for the period 
28 April 1967 to 1 January 1970; and 

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

* Army Good Conduct Medal (1st Award)
* Army Commendation Medal
* four bronze service stars for wear on his already-awarded Vietnam Service Medal


* Republic of Vietnam Gallantry Cross with Palm Unit Citation (2 Awards)
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation
* Expert Marksmanship Qualification Badge with Pistol and Submachine Gun Bars 
* Sharpshooter Marksmanship Qualification Badge with Machinegun Bar


      _____________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)                                         AR20100025029



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ABCMR Record of Proceedings (cont)                                         AR20130016867



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