IN THE CASE OF:	  

		BOARD DATE:	  10 July 2014

		DOCKET NUMBER:  AR20130020539 


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 that his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to show his award of the Silver Star.

2.  The applicant states that his award of the Silver Star was overlooked at the time his DD Form 214 was prepared and it was omitted from that document.

3.  The applicant provides copies of his DD Form 214 and orders awarding him the Silver Star.

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 15 June 1967 for a period of 3 years.  He completed his basic training at Fort Lewis, WA and his advanced individual training in military occupational specialty (MOS) 11B (light weapons infantryman) at Fort Polk, LA before being transferred to Vietnam on 4 March 1968 for assignment to Company B, 2nd Battalion, 2nd Infantry Regiment, 1st Infantry Division.

3.  On 3 April 1968, he was wounded in action in Vietnam and sustained multiple fragment wounds to his right leg and arm and his back.  He was medically evacuated to the 249th General Hospital in Japan on 16 April 1968, and on 
27 May 1968 departed for assignment to Fort Hood, TX.

4.  General Orders Number 7065 awarded the applicant the Silver Star for gallantry in action on 3 April 1968 in Vietnam.

5.  The applicant remained at Fort Hood, he was promoted to the Sergeant/E-5 on 25 February 1969 and he was reclassified into MOS 71H (personnel specialist).

6.  On 12 June 1970, he was honorably released from active duty (REFRAD) at the expiration of his term of service (ETS).  He served 2 years, 11 months, and 28 days of total active service and his DD Form 214 shows that he was awarded or authorized the:

* National Defense Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* Vietnam Service Medal with two bronze service stars
* Combat Infantryman Badge
* Purple Heart
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar

7.  His record also shows he received all "excellent" conduct and efficiency ratings throughout his service and his record is void of any derogatory information that would serve to disqualify him for the first award of the Army Good Conduct Medal (AGCM).

8.  Army Regulation 600-8-22 (Military Awards) states the AGCM is awarded to individuals who distinguish themselves by their conduct, efficiency, and fidelity during a qualifying 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.

9.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows the 2nd Battalion, 2nd Infantry Regiment, was cited for award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period October 1965 through 7 April 1970 by Department of the Army General Order (DAGO) Number 53, dated 1970.

10.  DAGO Number 8, dated 1974, announced award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to Headquarters, U.S. Army Vietnam, and its subordinate units, during the period 20 July 1965 to 28 March 1973.

DISCUSSION AND CONCLUSIONS:

1.  The applicant was awarded the Silver Star for gallantry in duly-authenticated orders and is entitled to have that award added to his DD Form 214 at this time.

2.  After carefully examining the applicant’s record of service, it appears the applicant should have received the first award of the AGCM for his service from 15 June 1967 through 12 June 1970.  This conclusion is based on the fact that the record is void of any derogatory information which would have precluded the applicant from being awarded the AGCM and the lack of any specific action by the applicant’s unit commander to disqualify him from receiving this award.

3.  The evidence suggests that the applicant not receiving the AGCM was likely the result of an administrative error as opposed to it being the result of a conscious disqualification by any of his unit commanders.  Therefore, in the interest of justice, this error should be corrected and the applicant should be awarded the AGCM at this time. 

4.  Additionally, all units in Vietnam were awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  His unit was also cited for award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation during the period he served with the unit.  Accordingly, his DD Form 214 should be corrected to show these unit awards.

BOARD VOTE:

____X____  ___X_____  ___X_____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:

1. 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 AGCM (first award) for the period 15 June 1967 through 12 June 1970

* Adding to his DD Form 214 the:

* Silver Star
* AGCM (first award)
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation

2.  The Board wants the applicant and all others to know that the sacrifices he made in service to the United States during the Vietnam War are deeply appreciated.  The applicant and all Americans should be justifiably proud of his service in arms.



      _____________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)                                         AR20130020539





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ABCMR Record of Proceedings (cont)                                         AR20130020539



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