IN THE CASE OF:	   

		BOARD DATE:	  16 June 2015

		DOCKET NUMBER:  AR20140017019 


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 the:

* Bronze Star Medal (BSM) with "V" Device
* Purple Heart (2nd Award)
* Air Medal
* Army Commendation Medal (ARCOM)
* Army Good Conduct Medal (AGCM)

2.  He states the awards were never added to his DD Form 214.

3.  He provides:

* DD Form 214
* Orders Number 20, dated 20 February 1970
* ARCOM Certificate, dated 19 May 1969 and citation
* Air Medal Certificate, dated 26 April 1969
* Purple Heart Certificates, dated 15 and 18 May 1969
* Orders Number 6052, dated 30 May 1969
* Orders Number 10436, dated 11 August 1969
* Orders Number 6611, dated 11 June 1969




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 23 May 1968.  He served in the Republic of Vietnam (RVN) from 22 October 1968 to
8 August 1969 and was assigned to Company B, 3rd Battalion, 187th Infantry Regiment.  He served 2 years on active duty and he was honorably released from active duty (REFRAD) on 22 May 1970.

3.  His DD Form 214 shows the:

* National Defense Service Medal
* Vietnam Service Medal (VSM) 
* RVN Campaign Medal with Device (1960)
* Combat Infantryman Badge 
* Marksman Marksmanship Qualification Badge with Rifle Bar

4.  General Orders Number 4853, issued by Headquarters, 101st Airborne Division, dated 19 May 1969, awarded the applicant the ARCOM for meritorious achievement in the RVN from 1 November 1968 to 31 March 1969.

5.  General Orders Number 6052, issued by Headquarters, 101st Airborne Division, dated 30 May 1969, awarded the applicant the Purple Heart for his wounds received in actions on 16 May 1969 in the RVN.

6.  General Orders Number 6611, issued by Headquarters, 101st Airborne Division, dated 11 June 1969, and certificate awarded the applicant the Purple Heart (1st Oak Leaf Cluster) for wounds received in actions on 18 May 1969 in the RVN.


7.  General Orders Number 10436, issued by Headquarters, 101st Airborne Division, dated 11 August 1969, and certificate awarded the applicant the Air Medal for his actions on 26 April 1969 in the RVN.

8.  General Orders Number 10382, issued by Headquarters, 101st Airborne Division, dated 11 August 1969 and certificate awarded the applicant the BSM with "V" Device for heroism in ground combat against a hostile force in the RVN on 18 May 1969.

9.  General Orders Number 20, issued by Headquarters, 194th Armored Brigade, dated 20 February 1970, awarded the applicant the AGCM from 
23 March 1968 to 22 March 1970.  However, the month should read May instead of March.

10.  Army Regulation 600-8-22 (Military Awards) states the ARCOM may be awarded to any member of the Armed Forces of the United States who, while serving in any capacity with the Army after 6 December 1941, distinguishes himself or herself by heroism, meritorious achievement, or meritorious service.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

11.  Army Regulation 672-5-1 (Awards) provided that the AGCM was awarded to individuals who completed a qualified period of active duty enlisted service.  This period was 3 years except in those cases when the period for the first award ended with the termination of a period of Federal military service. 

12.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units that served in the Vietnam War.  This pamphlet shows 3rd Battalion, 187th Infantry Regiment, to which he was assigned, was cited for the:

* Presidential Unit Citation by Department of the Army General Orders (DAGO) Number 16, dated 1972
* Valorous Unit Award by DAGO Number 2, dated 1971
* RVN Gallantry Cross with Palm Unit Citation by DAGO 43, dated 1970
* RVN Civil Actions Honor Medal First Class Unit Citation by DAGO Number 48, dated 1971 

13.  Appendix B of Army Regulation 600-8-22 states a bronze service star is awarded for wear on the VSM for participation in each campaign.  Appendix B shows participation credit was awarded for the following campaigns coinciding with the applicant's service in Vietnam:

* Vietnam Counteroffensive Phase V (1 July 1968 - 1 November 1968)
* Vietnam Counteroffensive Phase VI (2 November 1968 - 22 February 1969)
* Tet 69/Counteroffensive (23 February 1969 - 8 June 1969)
* Vietnam Summer - Fall 1969 (9 June 1969 - 31 October 1969)

DISCUSSION AND CONCLUSIONS:

1.  General orders verify the applicant was awarded two awards of the Purple Heart; Air Medal, ARCOM, and the BSM with "V" Device.  Therefore, he is entitled to correction of his DD Form 214 to show these awards.

2.  General Orders Number 20, dated 20 February 1970, also verify the applicant was awarded the AGCM for the period 23 March 1968 to 22 March 1970.  However, he was not inducted into the Army until 23 May 1968 and released from active duty on 22 May 1970.  Therefore, the dates on the orders are incorrect.  He is entitled to correction of his orders to show he was awarded the AGCM (1st Award) for the period 23 May 1968 to 22 May 1970.

3.  The evidence of record shows he is entitled to wear the Presidential Unit Citation, Valorous Unit Award, RVN Civil Actions Honor Medal First Class Unit Citation, and the RVN Gallantry Cross with Palm Unit Citation.  Therefore, his 
DD Form 214 should be corrected to show these unit awards.

4.  The evidence of record also shows he participated in four campaigns during his service in Vietnam.  Therefore, he is entitled to correction of his records to show four bronze service stars for wear on his already-awarded VSM.

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.  amending General Orders Number 20, dated 20 February 1970, to show the period of service for award of the Army Good Conduct Medal as 23 May 1968 to 22 May 1970; 

b. deleting from his DD Form 214 the Vietnam Service Medal; and 
   
c. adding to his DD Form 214:

* Bronze Star Medal with "V" Device
* Army Commendation Medal
* Purple Heart (2nd Award)
* Air Medal
* Army Good Conduct Medal (1st Award)\
* Vietnam Service Medal with four bronze service stars
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Presidential Unit Citation 
* Valorous Unit Award 

      
      
      _______ _   _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)                                         AR20140017019





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ABCMR Record of Proceedings (cont)                                         AR20140017019



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