BOARD DATE:  30 April 2015

		DOCKET NUMBER:  AR20140016534 


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) by showing award of:

* Purple Heart
* Air Medal
* Bronze Star Medal

2.  The applicant states his DD Form 214 does not reflect these medals.

3.  The applicant provides copies of:

* DD Form 214 (Copy Number 1)
* Certificate for award of the Air Medal, dated 11 January 1968
* Certificate for award of the Purple Heart, dated 5 February 1968
* Certificate for award of the Bronze Star Medal, dated 6 August 1968
* Department of Veterans Affairs Form 21-22 (Appointment of Veterans Service Organization as Claimant's Representative), dated 10 September 2014

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 14 July 1966, the applicant was inducted into the Army of the United States and was trained as an infantryman indirect fire crewman.

3.  Special Orders Number 270, Fort Polk, Louisiana, dated 18 October 1966, announced the applicant’s qualification as a marksman with the .45 caliber pistol.

4.  Special Orders Number 131, Fort Hood, Texas, dated 11 May 1967, announced the applicant’s award of the Expert Marksmanship Qualification Badge with Rifle Bar (M-14).

5.  Special Orders Number 146, Fort Hood, Texas, dated 26 May 1967, announced the applicant’s award of the Expert Marksmanship Qualification Badge with Recoilless Rifle Bar (106 millimeter recoilless rifle).

6.  On or about 1 September 1967, the applicant departed the United States with his unit, Company A, 1st Battalion, 50th Infantry Regiment, for duty in the Republic of Vietnam (RVN).

	a.  General Orders Number 198, 1st Cavalry Division, dated 11 January 1968, announced the applicant’s award of the Air Medal for meritorious achievement while participating in aerial flight in the RVN during the period October to December 1967.

	b.  General Order Number 18, 85th Evacuation Hospital, dated 5 February 1968, announced the applicant’s award of the Purple Heart for wounds received in action on 4 February 1968.

	c.  Block 41 (Awards and Decorations) of the applicant's DA Form 20 (Enlisted Qualification Record) indicates that Special Orders Number 303, 1st Cavalry Division, announced the applicant's award of the Combat Infantryman Badge.

	d.  On or about 6 July 1968, the applicant departed the RVN.



7.  Item 38 (Record of Assignments) of the applicant's DA Form 20 shows that his conduct and efficiency ratings were “excellent.”  The applicant’s records do not contain any evidence of disciplinary action.  There is no evidence to show that the commander took any action to deny him the Army Good Conduct Medal.

8.  On 8 July 1968, the applicant was released from active duty and transferred to the U.S. Army Reserve Control Group (Annual Training).  He had attained the rank of sergeant, pay grade E-5 and had completed 1 year, 11 months, and 
25 days of creditable active duty service.  The applicant's DD Form 214 shows his awards as:

* National Defense Service Medal
* Republic of Vietnam Campaign Medal
* Vietnam Service Medal

9.  A review of the Awards and Decorations Computer Assisted Retrieval System (ADCARS), failed to reveal any orders awarding the applicant the Bronze Star Medal.   ADCARS is an index of general orders issued during the Vietnam era between 1965 and 1973 maintained by the Military Awards Branch of the United States Army Human Resources Command.

10.  Army Regulation 600-8-22 (Military Awards):

	a.  The Bronze Star Medal is awarded in time of war for heroism and for meritorious achievement or service, not involving participation in aerial flight, in connection with military operations against an armed enemy, or while engaged in military operations involving conflict with an opposing armed force in which the United States is not a belligerent party.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

	b.  Appendix B of this regulation shows that based on the applicant's dates of service in the RVN, he participated in the following four campaign periods: the Vietnam Counteroffensive, Phase III; the Tet Counteroffensive; the Vietnam Counteroffensive, Phase IV; and the Vietnam Counteroffensive, Phase V.  This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.

11.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in the Republic of Vietnam.  This publication shows that the 1st Battalion, 50th Infantry Regiment, during the time of the applicant's assignment, was cited in Department of the Army General Orders Number 51, dated in 1971 for award of the RVN Gallantry Cross with Palm Unit Citation.

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

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 should be corrected by showing award of:

* Purple Heart
* Air Medal
* Bronze Star Medal

2.  General orders announced the applicant’s award of the Purple Heart for wounds received on 4 February 1968.  Therefore, this medal should be shown on his DD Form 214.

3.  General orders announced the applicant’s award of the Air Medal for meritorious achievement during October to December 1967.  Therefore, this medal should be shown on his DD Form 214.

4.  There are no available general orders showing the applicant was awarded the Bronze Star Medal.  The certificate provided by the applicant is not sufficient evidence by itself upon which to base a correction of his records.  Therefore, this portion of his request should be denied.

5.  The applicant’s records clearly show that he distinguished himself in the performance of his military service as evidenced by his attaining the rank of sergeant, and achieving "excellent" conduct and efficiency ratings.  Therefore, it is presumed that his not receiving an Army Good Conduct Medal for his service was an oversight.  Accordingly, he should be awarded this medal.

6.  Records show that the applicant participated in four campaign periods during his service in the RVN.  Therefore, he is eligible for award of four bronze service stars to be affixed to his already-awarded Vietnam Service Medal.

7.  Records show that the applicant's unit was cited in general orders for award of the RVN Gallantry Cross with Palm Unit Citation.  Therefore, his records should be corrected to show this foreign unit award.

8.  Records show that the applicant was awarded the Combat Infantryman Badge.  Therefore, this badge should be shown on his DD Form 214.

9.  Special orders announced the applicant’s award of the Expert Marksmanship Qualification Badge with Rifle and Recoilless Rifle Bars.  Therefore, his records should be corrected to show this badge on his DD Form 214.

10.  Special orders announced the applicant’s award of the Marksman Marksmanship Qualification Badge with Pistol Bar.  Therefore, his DD Form 214 should show this badge.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

__X______  ___X_____  __X__  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 partial 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 for the period 14 July 1966 to 8 July 1968 and

	b.  showing that in addition to the awards already-shown on his DD Form 214 his awards include the:

* Purple Heart
* Air Medal
* Army Good Conduct Medal
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Combat Infantryman Badge
* Expert Marksmanship Qualification Badge with Rifle and Recoilless Rifle Bars
* Marksman Marksmanship Qualification Badge with Pistol Bar
* four bronze service stars with his already-awarded Vietnam Service Medal

2.  The Board further determined the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to the award of the Bronze Star Medal.




      ________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)                                         AR20140000220



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ABCMR Record of Proceedings (cont)                                         AR20140016534



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