IN THE CASE OF:	  

		BOARD DATE:	  21 October 2014

		DOCKET NUMBER:  AR20140004342 


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 he was awarded the:

* Bronze Star Medal with "V" Device (2nd Award)
* Purple Heart
* Army Good Conduct Medal
* any other awards or decorations to which he is entitled 

2.  The applicant states his DD Form 214 is missing many medals he received.

3.  The applicant provides the following orders issued by Headquarters, 23rd Infantry Division:

* General Orders Number 4819, dated 27 April 1971
* General Orders Number 6926, dated 20 June 1971
* General Orders Number 8342, dated 24 July 1971

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 31 March 1970.

3.  He served in Vietnam during the period 16 March 1971 through on or about 27 January 1972.  While in Vietnam, he participated in three campaigns and he was assigned as follows:

* 23rd Administration Replacement Detachment, from 19 March 1971 to 29 March 1971 (student status)
* Company A, 1st Battalion, 52nd Infantry Regiment, 198th Infantry Brigade, 23rd Infantry Division from 30 March 1971 to 14 October 1971
* Company A, 2nd Battalion, 1st Infantry Regiment, 196th Infantry Brigade, 23rd Infantry Division from 15 October 1971 to on or about 25 January 1971

4.  Item 41 (Awards and Decorations) of his DA Form 20 (Enlisted Qualification Record) shows he was awarded or authorized, in part:

   *	Bronze Star Medal with "V" Device (2nd Award)
   *	Air Medal
* National Defense Service Medal
* Combat Infantryman Badge
   *	Expert Marksmanship Qualification Badge with Rifle Bar (M-16) 
* Expert Marksmanship Qualification Badge with Machinegun Bar (M-60)

5.  General orders issued by Headquarters, 23rd Infantry Division show he was awarded the following:

* General Orders Number 4819, dated 27 April 1971 – Purple Heart
* General Orders Number 6926, dated 20 June 1971 – Bronze Star Medal with "V" Device
* General Orders Number 8342, dated 24 July 1971 – Bronze Star Medal with "V" Device (2nd Award)

6.  On 28 January 1972, he was honorably released from active duty.  His DD Form 214 shows he was awarded or authorized the:

* Bronze Star Medal
* Air Medal
* National Defense Service Medal
* Vietnam Service Medal
* Combat Infantryman Badge
* overseas service bars

7.  His records show he received all "excellent" conduct and efficiency ratings and are void of documentation showing he was awarded the Army Good Conduct Medal.  There is no evidence of any derogatory information or a commander's disqualification that would have disqualified the applicant from being recommended for or awarded the first award of the Army Good Conduct Medal.

8.  Army Regulation 672-5-1 (Decorations and 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 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) provides Department of the Army policy, criteria, and administrative instructions concerning individual military decorations, Army Good Conduct Medal, service medals and ribbons, combat and special skill badges and tabs, unit decorations, and trophies, and similar devices awarded in recognition of accomplishments.  It states:

	a.  A bronze star will be awarded for wear on the Vietnam Service Medal for participation in each credited campaign.

	b.  The 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.

10.  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 2nd Battalion of the 1st Infantry Regiment was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation, for the period 1 March through 9 October 1971, by Department of the Army General Order Number 6, dated 1974.


DISCUSSION AND CONCLUSIONS:

1.  General orders awarded the applicant the Purple Heart and Bronze Star Medal with "V" Device (2nd Award); therefore, he is entitled to correction of his DD Form 214 to show these awards.

2.  The applicant served honorably during the period 31 March 1970 through 28 January 1972.  He received "excellent" conduct and efficiency ratings throughout his period of service with no disciplinary actions or a commander's disqualification.  Therefore, it would be appropriate to award him the Army Good Conduct Medal (1st Award) and to correct his DD Form 214 to show this award.

3.  He served in Vietnam during three campaigns.  Therefore, he is entitled to correction of his DD Form 214 to show three bronze service stars with his previously-awarded Vietnam Service Medal.

4.  He served a qualifying period of service for award of the Republic of Vietnam Campaign Medal with Device (1960); therefore, he is entitled to correction of his DD Form 214 to show this award.

5.  General orders awarded the unit to which he was assigned while in Vietnam the Republic of Vietnam Gallantry Cross with Palm Unit Citation; therefore, he is entitled to correction of his DD Form 214 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:

	a.  awarding him the Army Good Conduct Medal (1st Award) for the period 31 March 1970 through 28 January 1972;

   b.  amending his DD Form 214 to delete the Vietnam Service Medal; and
   
   c.  amending his DD Form 214 to add the following awards –

*	Bronze Star Medal with "V" Device (2nd Award)
*	Purple Heart
* Army Good Conduct Medal (1st Award)
*	Vietnam Service Medal with three bronze stars
*	Republic of Vietnam Campaign Medal with Device (1960)
*	Republic of Vietnam Gallantry Cross with Palm Unit Citation
*	Expert Marksmanship Qualification Badge with Rifle Bar (M-16) 
* Expert Marksmanship Qualification Badge with Machinegun Bar (M-60)


      
      
      _____________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)                                         AR20140004342



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ABCMR Record of Proceedings (cont)                                         AR20140004342



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