IN THE CASE OF:	  

		BOARD DATE:	  28 October 2014

		DOCKET NUMBER:  AR20140005024 


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 his award of the Silver Star be added to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) with an effective date of 5 December 1967.

2.  The applicant states he received his award after his discharge.

3.  The applicant provides 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.  On 5 December 1967, he was inducted into the Army of the United States.

3.  Headquarters (HQ), U.S. Army Training Center (USATC), Infantry, Fort Lewis, WA Special Orders Number 29, dated 29 January 1968, awarded him the Marksman Marksmanship Qualification Badge with Rifle Bar.

4.  HQ, USATC, Infantry, Fort Polk, LA Special Orders Number 083, dated 1 April 1968, awarded him the Expert Marksmanship Qualification Badge with Machinegun Bar.

5.  He was assigned to Company A, 4th Battalion, 47th Infantry, 9th Infantry Division from 23 May 1968 to 13 May 1969 in the Republic of Vietnam.  He was promoted to sergeant on 1 April 1969.  He participated in four campaigns.

6.  HQ, 9th Infantry Division issued the following general orders (GO):

* GO Number 10198, dated 27 October 1968, awarding him the Air Medal for meritorious achievement while participating in sustained aerial flight from 5 May to 23 September 1968
* GO Number 5897, dated 23 May 1969 awarded him the Silver Star for gallantry in action on 22 February 1969 in the Republic of Vietnam

7.  On 4 December 1969, he was honorably released from active duty.  He completed 2 years of total active service.  His DD Form 214 shows he was awarded the:

* National Defense Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* Vietnam Service Medal with 3 bronze service stars
* Purple Heart
* Combat Infantryman Badge
* Army Commendation Medal

8.  There is no evidence the applicant received the first award of the Army Good Conduct Medal.  There also is no evidence the applicant was disqualified by his chain of command from receiving the Army Good Conduct Medal.  Records do not show indiscipline or lost time.  His records do not contain any adverse information and he received all “excellent” conduct and efficiency ratings throughout his service.

9.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists campaign participation credit, assault landing credit, and unit citation emblems awarded during the Vietnam Conflict.


	a.  During the time of the applicant’s assignment to the 4th Battalion, 
47th Infantry the unit was awarded the:

* Republic of Vietnam Gallantry Cross with Palm Unit Citation for the 	periods 1 December 1966 - 30 June 1968 and January - June 1969 by 
	Department of the Army General Orders (DAGO) Numbers 31 dated 
	1969 and 59 dated 1969, respectively
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation 
for the period 19 December 1966 – 28 June 1969 by DAGO Number 59 dated 1969

	b.  Not more than one Republic of Vietnam Gallantry Cross with Palm Unit Citation will be worn by any individual.  However, although wear of multiple awards of this unit citation is not authorized, official military personnel and historical records will indicate all awards received.

10.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards.  The award of a bronze service star is authorized based on qualifying service for each campaign listed in Table B-1 (Campaigns, Service Requirements, and Inscriptions Prescribed for Streamers).  Authorized service stars will be worn on the appropriate campaign medal, including the Vietnam Service Medal.

11.  Army Regulation 672-5-1 (Awards), in effect at the time, stated the Army Good Conduct Medal was awarded 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  

DISCUSSION AND CONCLUSIONS:

1.  HQ, 9th Infantry Division GO show he was awarded the Silver Star and the Air Medal.  Therefore, these awards should be added to his DD Form 214.

2.  The applicant's records do not show indiscipline or lost time, he received conduct and efficiency ratings of "excellent" throughout his military service, and he was promoted to sergeant in less than 2 years.  Therefore, the preponderance of evidence shows the applicant is entitled to the first award of the Army Good Conduct Medal based on completion of qualifying service from 5 December 1967 to 4 December 1969 ending with termination of a period of Federal military service.
3.  He participated in four campaigns during his service in Vietnam.  Therefore, he is authorized four bronze service stars to be worn on his already-awarded Vietnam Service Medal.

4.  Based on his service with the 4th Battalion, 47th Infantry he is authorized the:

* Republic of Vietnam Gallantry Cross with Palm Unit Citation (2 awards)
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation

5.  Orders awarded him the Expert Marksmanship Qualification Badge with Machinegun Bar and the Marksman Marksmanship Qualification Badge with Rifle Bar.

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.  deleting from his DD Form 214 the Vietnam Service Medal;

	b.  awarding him the Army Good Conduct Medal (1st Award) for the period 
5 December 1967 to 4 December 1969; and

	c.  adding to his DD Form 214 the:

* Silver Star
* Air Medal
* Army Good Conduct Medal (1st Award)
* Vietnam Service Medal with 4 bronze service stars
* 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 Machinegun Bar
* Marksman Marksmanship Qualification Badge with Rifle 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)                                         AR20140005024



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ABCMR Record of Proceedings (cont)                                         AR20140005024



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