IN THE CASE OF:	  

		BOARD DATE:	  23 October 2014

		DOCKET NUMBER:  AR20140004467 


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 his award of the Soldier’s Medal.

2.  The applicant states he earned the Soldier’s Medal; however, it was omitted from his DD Form 214.

3.  The applicant provides a copy of his DD Form 214.

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 12 March 1968.  He completed his basic training at Fort Knox, Kentucky and his advanced individual training as a medical aid man at Fort Sam Houston, Texas. 

3.  On 7 September 1968, after completing his initial entry training, he was transferred to Vietnam for assignment to Company B, 1st Medical Battalion, 1st Infantry Division.

4.  General Orders Number 4598, issued by Headquarters, 1st Infantry Division on 26 May 1969, awarded him the Soldier’s Medal for heroism on 30 January 1969.  He ran into a minefield to save a wounded Soldier’s life.

5.  He served in four campaigns and departed Vietnam on 12 October 1969.  

6.  On 13 October 1969, he was honorably released from active duty (REFRAD) in the rank/grade of specialist four (SP4)/E-4, as an overseas returnee.  He served 1 year, 7 months and 2 days of active service.  His DD Form 214 issued at the time of his REFRAD shows that he was awarded the Bronze Star Medal, Army Commendation Medal, National Defense Service Medal, Vietnam Service Medal, and the Republic of Vietnam Campaign Medal with Device (1960).

7.  A review of his official records shows he had “excellent” conduct and efficiency ratings and his record is void of any derogatory information that would serve to disqualify him for award of the Army Good Conduct Medal (1st Award).

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), paragraph 2-13, contains the regulatory guidance on the Vietnam Service Medal.  It states a bronze service star is authorized with this award for each Vietnam campaign a member is credited with participating in. 

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 applicant’s unit was awarded the Meritorious Unit Commendation (MUC), the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation during the period he served with the unit.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant was awarded the Soldier’s Medal in duly-authenticated orders and is entitled to have that award added to his DD Form 214.

2.  He served during a qualifying period for award of the Army Good Conduct Medal (1st Award) for the period 12 March 1968 to 13 October 1969 and appears to have met the eligibility criteria.  Accordingly, it should be awarded at this time and added to his DD Form 214.

3.  He served in four campaigns in Vietnam and he is entitled to wear four bronze service stars on his already-awarded Vietnam Service Medal, and to have them added to his DD Form 214.

4.  His unit of assignment in the Republic of Vietnam was awarded the MUC, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation during the period in which he was assigned.  Therefore, he is entitled to have those unit awards added to his DD Form 214.

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:

	a.  Awarding him the Army Good Conduct Medal (1st Award) for the period  12 March 1968 to 13 October 1969, while serving in the rank of SP4; 

	b.  Amending his DD Form 214 to add the:
* Soldier’s Medal
* Army Good Conduct Medal (1st Award)
* Vietnam Service Medal with four bronze service stars
* Meritorious Unit Commendation
* 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 concerned to know that this action in no way diminishes the sacrifices made by the applicant in service to the United States during the Vietnam War.  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)                                         AR20140004467





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ABCMR Record of Proceedings (cont)                                         AR20140004467



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