BOARD DATE:	 26 May 2015

		DOCKET NUMBER:  AR20140015255 

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 all awards he is entitled to and to show that he served in Vietnam.  

2.  He states he is trying to get benefits and discovered there was nothing on his DD Form 214 about his service in Vietnam.

3.  He provides:

* Transcripts of Master Personnel Record
* General Orders Number 1654, dated 13 February 1969
* General Order Number 1669, dated 13 February 1969
* Special Orders Number 65, dated 12 March 1970
* Purple Heart (PH) Certificate
* Army Commendation Medal (ARCOM) Certificates
* 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.  On 23 April 1968, the applicant was inducted into the Army of the United States.  He completed initial entry training and he was awarded military occupational specialty 11B (Infantryman).

3.  His complete service record is not available for review.  However, the available records show he was assigned to duty in Vietnam with Company A, 4th Battalion, 39th Infantry, from on or about 23 September 1968 to 23 February 1969 (erroneously listed as 20 February 1968 in item 30 (Remarks) of his DD Form 214).

4.  Headquarters, 9th Infantry Division, issued General Orders Number 66, dated 2 January 1969, awarding the applicant the ARCOM for service in Vietnam from September 1968 to October 1968.

5.  Headquarters, 9th Infantry Division, General Orders Number 1654, dated 
13 February 1969, awarded the applicant the PH for wounds received in action in Vietnam on 24 January 1969.

6.  Headquarters, 9th Infantry Division, General Orders Number 1669, dated 
13 February 1969, awarded the applicant an ARCOM (First Oak Leaf Cluster) for outstanding achievement in Vietnam from 4 December 1968 to 24 January 1969. 

7.  Headquarters, 9th Infantry Division, General Orders Number 1778, dated 
15 February 1969, awarded the applicant an ARCOM for service in Vietnam from September 1968 to January 1969; and 

8.  Headquarters, 9th Infantry Division, General Orders Number 4678, dated 
18 April 1969, awarded the applicant an ARCOM (Second Oak Leaf Cluster) with "V" Device for his actions in Vietnam on 26 January 1969.

9.  On 22 April 1970, he was released from active duty in the rank/pay grade of specialist four (SP4)/E-4.  He served 5 months in the RVN.  He completed 2 years of active service that was characterized as honorable.  His DD Form 214 shows he was awarded or authorized the:

* ARCOM with Oak Leaf Cluster
* Marksman Marksmanship Qualification Badge with Rifle Bar 
* National Defense Service Medal
10.  The applicant's records are void of evidence showing he was awarded the Vietnam Service Medal (VSM) or any bronze service stars indicating campaign credit.  

11.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in Vietnam.  The 4th Battalion, 39th Infantry, was cited for award of the:

* Republic of Vietnam (RVN) Civil Actions Honor Medal First Class Unit Citation for the period 19 December 1966 through 28 June 1969, by Department of the Army General Order (DAGO) 59, dated 1969
* RVN Gallantry Cross with Palm Unit Citation for the period 1 July 1968 through 13 November 1968 by DAGO 31, dated 1969

12.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards.

	a.  The Combat Infantryman Badge (CIB) is awarded to infantry officers and to enlisted and warrant officer persons who have an infantry MOS.  They must have served in active ground combat while assigned or attached to an infantry unit of brigade, regimental, or smaller size.  

	b.  The Vietnam Service Medal is awarded to all members of the Armed Forces of the United States for qualifying service in Vietnam after 3 July 1965 through 28 March 1973.  Qualifying service included attachment to or assignment for 1 or more days with an organization participating in or directly supporting military operations.  Qualifying service also included temporary duty for 30 consecutive days or 60 nonconsecutive days in Vietnam or contiguous areas, except that the time limit may be waived for personnel participating in actual combat operations.  This same regulation states a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each credited campaign.  The applicant's service in Vietnam coincided with the following campaigns:

* Vietnam Counteroffensive, Phase V (1 July 1968 - 1 November 1968) 
* Vietnam Counteroffensive, Phase VI (2 November 1968 - 
      22 February 1969)

	c.  The RVN 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.  Also eligible for this award are individuals who qualified for award of the VSM and served for less than six months of service but:

* were wounded as a result of hostile action 
* were captured by hostile forces but later escaped or were rescued or released
* were killed in action or otherwise in line of duty

13.  The available records are void of documentation showing he was the subject of disciplinary action during his active duty service.  

14.  Army Regulation 672-5-1 (Awards), in effect at the time, stated the Army Good Conduct Medal (AGCM) 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.  However, there was no right or entitlement to the medal until the immediate commander made a positive recommendation for its award and until the awarding authority announced the award in general orders.

DISCUSSION AND CONCLUSIONS:

1.  The evidence shows orders announced award of the PH to the applicant for wounds he incurred on 24 January 1969.  He is entitled to correction of his DD Form 214 for the period ending 22 April 1970 to show this award.

2.  The applicant served in Vietnam during a period for which his unit was awarded the RVN Gallantry Cross with Palm Unit Citation and the RVN Civil Actions Honor Medal First Class Unit Citation.  Therefore, he is entitled to correction of his DD Form 214 to show these unit awards.

3.  He held MOS 11B and he was assigned to an infantry unit of brigade, regimental or smaller size when he was wounded as a result of hostile action.  This, along with his award of the ARCOM with "V" Device, is evidence he served in active ground combat.  Therefore, there is sufficient evidence to award him the CIB and to add this award to his DD Form 214.

4.  General orders awarded the ARCOM (4th Award) with "V" Device to the applicant.  Therefore, he is entitled to correction of his DD Form 214 to show this award.  
5.  The applicant completed a qualifying period of service in Vietnam for award of the VSM with two bronze service stars.  He is entitled to correction of his DD Form 214 to show this award.

6.  He was wounded during his service in Vietnam.  Therefore, he is eligible for the RVN Campaign Medal with Device (1960).  He is entitled to correction of his DD Form 214 to show this award.  

7.  Although his conduct and efficiency ratings are not included in the available records, his records do show he was promoted to SP4, he performed admirably in combat, and there is no record of disciplinary action taken against him.  Based on his overall record of service, it appears that an administrative error occurred resulting in him not being recommended for or awarded the first award of the AGCM.  Therefore, it would be appropriate at this time to award him the AGCM (1st Award) for the period 23 April 1968 to 22 April 1970 and correct his DD Form 214 to show this award.

8.  Item 30 of his DD Form 214 shows a clear error in the dates of his service in Vietnam.  It would be appropriate to correct this error at this time.  

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 CIB effective 24 January 1969; 
   
   b.  awarding him the AGCM (1st Award) for the period 23 April 1968 to 22 April 1970; 
   
   c.  deleting from item 24 of his DD Form 214 the entry "Army Commendation Medal W/ Oak Leaf Cluster";
   d.  adding to item 24 of his DD Form 214 the: 

* PH
* ARCOM (4th Award) with "V" Device 
* AGCM (1st Award)
* CIB
* VSM with two bronze service stars
* RVN Gallantry Cross with Palm Unit Citation
* RVN Campaign Medal with Device (1960)
* RVN Civil Actions Honor Medal First Class Unit Citation

   e.  deleting from item 30 of his DD Form 214 the entry "Vietnam Service:  23 Sep 68-20 Feb 68"; and

   f.  adding to item 30 of his DD Form 214 the entry "Vietnam Service:  23 Sep 68-20 Feb 69."  



      __________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)                                         AR20130017382



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ABCMR Record of Proceedings (cont)                                         AR20140015255



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