BOARD DATE:	 25 August 2015 

		DOCKET NUMBER:  AR20140020439


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 unspecified missing medals and awards to which he is entitled, and to account for his period of hospitalization.

2.  The applicant states the omissions were accidental.

3.  The applicant provides a copy of his 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.  The applicant was inducted into the Army of the United States on                  23 January 1968.  After completing his initial entry training, he was awarded military occupational specialty (MOS) 11C (Infantry Indirect Fire Crewman).  The highest rank/grade he attained during his period of active military service was sergeant/E-5.

3.  He served in the Republic of Vietnam from on or about 20 June 1968 through on or about 19 June 1969.  During this period of service, he was assigned to the 2nd Battalion, 35th Infantry Regiment, 4th Infantry Division.

4.  General Orders Number 2022, issued by Headquarters, 4th Infantry Division on 24 May 1969, awarded him the Army Commendation Medal for meritorious service in the Republic of Vietnam during the period June 1968 to June 1969.

5.  Special Orders Number 274, issued by Headquarters, 8th Infantry Division on 1 October 1969, awarded him the Sharpshooter Marksmanship Qualification Badge with Pistol Bar (.45 Caliber) effective 11 September 1969.  

6.  He was honorably released from active duty on 9 January 1970.  His DD Form 214 shows he completed 1 year, 11 months, and 17 days of net active service.  His DD Form 214 further shows he was awarded or authorized the: 

* National Defense Service Medal
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* Combat Infantryman Badge
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)
* two overseas service bars

7.  His record is void of documentation that shows he was hospitalized at any point during his period of active military service.

8.  Item 38 (Record of Assignments) of his DA Form 20 (Enlisted Qualification Record) shows he consistently received "excellent" conduct and efficiency ratings throughout his service.  

9.  His record is void of documentation that shows he was awarded the Army Good Conduct Medal; however, it is also void of a commander's disqualification statement related to his initial award of the Army Good Conduct Medal, or documentation that shows he was subject to any disciplinary or derogatory actions during his period of service, including court-martial convictions under the Uniform Code of Military Justice.  

10.  Army Regulation 672-5-1 (Awards), in effect at the time, stated the Army Good Conduct Medal was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940; 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, and he or she could not have been convicted by court-martial under the Uniform Code of Military Justice.

11.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards.  Paragraph 2-13 contains the regulatory guidance for the Vietnam Service Medal and states a bronze service star is authorized with this award for each Vietnam campaign a member is credited with participating in.  A silver service star is authorized in lieu of five bronze service stars.  Appendix B shows that during his service in Vietnam, participation credit was awarded for the following five campaigns:

* Vietnam Counteroffensive, Phase IV (2 April 1968 – 30 June 1968)
* Vietnam Counteroffensive, Phase V (1 July 1968 – 1 November 1968)
* Vietnam Counteroffensive, Phase V (2 November 1968 – 22 February 1969)
* Tet 69 Counteroffensive, 1969 (23 February 1969 – 8 June 1969)
* Vietnam Summer – Fall 1969 (9 June 1969 – 31 October 1969)

12.  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 2nd Battalion, 35th Infantry Regiment, to which the applicant was assigned, was cited for the: 

* Republic of Vietnam Gallantry Cross with Palm Unit Citation, for the period 1 August 1967 through 28 July 1969, by Department of the Army General Orders (DAGO) Number 38, dated 1970
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, for the period 1 August 1967 through 31 October 1969, by DAGO Number 53, dated 1970

13.  Army Regulation 635-5 (Separation Documents) then in effect provided the instructions for completion of the DD Form 214.  It did not provide for listing periods of hospitalization on the DD Form 214. 

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request for correction of his DD Form 214 to show unspecified missing medals and awards to which he is entitled, and to account for his period of hospitalization, was carefully considered.
2.  General orders awarded him the Army Commendation Medal for meritorious service in the Republic of Vietnam, during the period June 1968 to June 1969.  The Army Commendation Medal is not shown on his DD Form 214; therefore, he is entitled to correction of his DD Form 214 to show it.

3.  The evidence of record shows he served honorably, received no court-martial actions, and consistently received "excellent" conduct and efficiency ratings throughout his service.  Therefore, he is entitled to the initial award of the Army Good Conduct Medal for the period 23 January 1968 through 9 January 1970, and to correction of his DD Form 214 to show this award.

4.  Special orders awarded him the Sharpshooter Marksmanship Qualification Badge with Pistol Bar (.45 Caliber) which is not shown on his DD Form 214; therefore, he is entitled to correction of his DD Form 214 to show this marksmanship badge.

5.  Records show he participated in five campaigns during his service in Vietnam. Therefore, he is entitled to a single silver service star for wear on his previously-awarded Vietnam Service Medal and to correction of his DD Form 214 to show this service star.

6.  General orders awarded his unit of assignment in the Republic of Vietnam the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation during the periods in which he was assigned.  These unit awards are not shown on his DD Form 214; therefore, he is entitled to correction of his DD Form 214 to show them.

7.  The applicant contends his DD Form 214 should be corrected to show a period of hospitalization.  His record is void of documentation that shows he was hospitalized at any point during his period of active military service.  Moreover, there is no regulatory provision for listing periods of hospitalization on the DD Form 214.  As such, there is no basis for granting this portion of the requested relief.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____X____  _X_______  ___X_  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined the evidence presented is 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 (1st Award) for the period  23 January 1968 through 9 January 1970 and

   b.  amending his DD Form 214 by deleting the Vietnam Service Medal and adding the:

* Army Commendation Medal
* Army Good Conduct Medal (1st Award)
* Sharpshooter Marksmanship Qualification Badge with Pistol Bar (.45 Caliber)
* Vietnam Service Medal with one silver service star
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation

2.  The Board further determined that 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 listing any period of hospitalization on his DD Form 214.




      __________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)                                         AR20100015543



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ABCMR Record of Proceedings (cont)                                         AR20140020439



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