IN THE CASE OF:	  

		BOARD DATE:	  26 February 2015

		DOCKET NUMBER:  AR20140011441 


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 award of two Air Medals (AM). 

2.  The applicant states his first and second AMs are not included on his 
DD Form 214.

3.  The applicant provides:

* his DD Form 214
* orders

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's records show he was inducted into the Army of the United States on 24 September 1969.  He served in Vietnam from 3 March 1970 to      21 January 1971.  He was assigned to duty in Vietnam with Company D, 3rd Battalion, 22nd Infantry.

3.  His DA Form 20 (Enlisted Qualification Record) shows in:

	a.  item 38 (Record of Assignments) - he received all "excellent" conduct and efficiency ratings throughout his service with no record of disqualification;

	b.  item 41 (Awards and Decorations) award of the - 

* National Defense Service Medal
* Vietnam Service Medal 
* Army Commendation Medal with "V" Device
* Combat Infantryman Badge
* Air Medal (2nd Award)
* Overseas Service Bars (1st award)
* Bronze Service Star
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar 
(M-14)
* Expert Marksmanship Qualification Badge with Rifle Bar (M-16)

4.  He submitted and his record contains the following orders issued by Headquarters, II Field Force Vietnam: 

a. General Orders Number 199, dated 28 January 1971, which show he was
awarded the AM (second award); and 

	b.  General Orders Number 442, dated 22 February 1971, which show he was awarded the AM (first award).

5.  On 2 September 1971, he was released from active duty after completing 1 year, 11 months, and 9 days of net active service during this period.  His DD Form 214, shows in item 24, he was awarded or authorized the:

* National Defense Service Medal
* Vietnam Service Medal with 2 bronze service stars
* Republic of Vietnam Campaign Medal with Device (1960)
* Bronze Service Star
* Army Commendation Medal with “V” Device
* "Army Medal" (2nd Award) (should read Air Medal)
* Combat Infantryman Badge
* one Overseas Service Bar
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar 
(M-14)
* Expert Marksmanship Qualification Badge with Rifle Bar (M-16)
* Purple Heart

6.  Army Regulation 600-8-22 (Military Awards) contains the regulatory guidance for 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.  Appendix B shows that during his service in Vietnam, participation credit was awarded for the following three campaigns:

* Winter-Spring (1 November 1969 - 30 April 1970)
* Sanctuary Counteroffensive (1 May - 30 June 1970)
* Counteroffensive, Phase VII (1 July 1970 - 30 June 1971)

7.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows the 3rd Battalion, 22nd Infantry Regiment was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for action during the period 1 September 1968 to 30 September 1970 in Department of the Army General Orders Number 5, dated 1973.

8.  Army Regulation 672-5-1 (Awards), in effect at the time, provided that the Army Good Conduct Medal was awarded to individuals who completed a qualifying period of active duty enlisted service.  This period was 3 years except in those cases when the first award ended with the termination of a period of Federal military service of less than 3 years but more than 1 year.  The enlisted person must have had all "excellent" conduct and efficiency ratings and no convictions by a court-martial.

DISCUSSION AND CONCLUSIONS:

1.  General orders show the applicant was awarded the AM (2nd award). Therefore, he is entitled to correction of his DD Form 214 to show these awards.

2.  The applicant's DD Form 214 incorrectly shows he was awarded the nonexistent "Army Medal" in lieu of the Air Medal.  Therefore, the "Army Medal" should be deleted from this DD Form 214.

3.  The available evidence shows the applicant served honorably from               24 September 1969 to 2 September 1971 and he received all "excellent" conduct and efficiency ratings.  There is no evidence of any derogatory information in his record that would have disqualified him for award of the Army Good Conduct Medal.  Therefore, it would be appropriate to award him the Army Good Conduct Medal (1st Award) and correct his DD Form 214 to show this award.

4.  General orders awarded his unit 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.

5.  Records show the applicant participated in three campaigns while serving in Vietnam.  Therefore, he is authorized to wear three bronze service stars on his already-awarded Vietnam Service Medal and correction of his DD Form 214 to show these service stars.

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 the FSM's DD Form 214 the Vietnam Service Medal and  "Army Medal"; 

	b.  awarding him the:

* Good Conduct Medal (1st Award) for the period of service from 
24 September 1969 to 2 September 1971; and

	c.  adding to his DD Form 214 the:

* Air Medal (2nd Award)
* Army Good Conduct Medal (1st Award)



* Vietnam Service Medal with three bronze service stars
* Republic of Vietnam Gallantry Cross with Palm Unit Citation



      _______ _   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)                                         AR20140011441





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ABCMR Record of Proceedings (cont)                                         AR20140011441



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