IN THE CASE OF:    

		BOARD DATE:  23 June 2015	  

		DOCKET NUMBER:  AR20140019205 


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 he was awarded the Silver Star.

2.  The applicant states the Army did not record all his medals in block 
24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214.

3.  The applicant provides:

* DD Form 214 for the period ending 30 September 1970
* General Orders Number 3842, dated 24 March 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 enlisted in the Regular Army on 29 December 1967.  He completed training as a field radio mechanic and arrived in Vietnam on 
13 June 1968.  During his tour of duty in Vietnam he was assigned to:

* Headquarters and Headquarters Company, 1st Battalion (Airmobile), 
27th Infantry, 25th Infantry Division, from 13 June to 18 November 1968 and again from 29 January to 29 May 1969
* Company D, 1st Battalion, 27th Infantry, 25th Infantry Division, from 
19 November 1968 to 28 January 1969

3.  Headquarters, 25th Infantry Division, General Orders Number 3842, dated 24 March 1969, awarded the applicant the Silver Star for gallantry in action in the Republic of Vietnam on 23 February 1969.

4.  On 30 May 1969, he departed Vietnam en-route to the United States after participating in four campaigns.  He was honorably released from active duty in the rank and pay grade of sergeant (SGT)/E-5. He completed 2 years, 9 months, and 2 days of total active service.  His DA Form 20 (Enlisted Qualification Record) shows he received all “excellent” conduct and efficiency ratings.

5.  His DD Form 214 shows he was awarded or authorized:

* National Defense Service Medal
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Vietnam Service Medal
* Sharpshooter Marksmanship Badge with Rifle (M-14)
* Republic of Vietnam Campaign Medal with Device (1960)
* Bronze Star Medal
* 2 overseas service bars

6.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam.  This pamphlet shows the 1st Battalion, 27th Infantry, was cited for award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 1 January 1966 to 21 January 1970 by Department of the Army General Order (DAGO) Number 51, dated 1971.

7.  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.

8.  Army Regulation 600-8-22 (Military Awards), paragraph 2-13, contains the regulatory guidance on the Vietnam Service Medal.  It states a bronze service star is authorized to be worn on this ribbon to denote the Soldier's participation in each campaign.

DISCUSSION AND CONCLUSIONS:

1.  The applicant requests correction of his DD Form 214 to show he was awarded the Silver Star.

2.  General Orders awarded him the Silver Star for gallantry in action in the Republic of Vietnam on 23 February 1969.  Therefore, his DD Form 214 should be corrected to show this award.

3.  The applicant’s records show that he distinguished himself in the performance of his military service as evidenced by his attaining the rank of sergeant, receiving awards for heroism, meritorious service, 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 for the period 29 December 1967 to 30 September 1970.

4.  The applicant is also authorized Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, and four bronze service stars for wear on this already-awarded Vietnam Service Medal.

5.  In view of the foregoing, the applicant's records should be corrected as recommended below.

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.  awarding him the Army Good Conduct Medal for the period 29 December 1967 to 30 September 1970;

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

	c.  adding to his DD Form 214 the following awards:

* Silver Star
* Army Good Conduct Medal
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation
* Vietnam Service Medal with four bronze service stars



      _______ _   _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)                                         AR20140019205





3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20140019205



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1