BOARD DATE:	  24 September 2015

		DOCKET NUMBER:  AR20150001128 


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 the former service member's (FSM) records to show his award of two Bronze Star Medals, the Air Medal with 7th 
Oak Leaf Cluster, and the Army Commendation Medal.

2.  The applicant states the only award shown on the FSM's DD Forms 214 (Report of Transfer or Discharge) is the National Defense Service Medal.

3.  The applicant provides copies of the FSM's Death Certificate; DD Forms 214; and 12 pages of award citations, orders, and/or certificates for the requested awards. 

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 FSM was inducted into the Army of the United States (AUS) on 15 March 1968.  He enlisted in the Regular Army 22 March 1968 to obtain a guaranteed school.  He completed basic combat training (8 weeks) and advanced individual training with award of military occupational specialty 54E (Nuclear, Biological, and Chemical Specialist), a 10-week training school.  He was assigned to duty in Vietnam following completion of training.

3.  The available record does not contain a copy of the FSM's DA Form 20 (Enlisted Qualification Record).

4.  The FSM was promoted to specialist five (E-5) on 31 March 1969.  The documentation associated with this promotion shows his conduct and efficiency ratings as "excellent."

5.  The FSM's request for an early release to attend college was granted on 
9 November 1970.  The documentation associated with this request shows his conduct and efficiency ratings as "excellent."

6.  The FSM was released from active duty on 1 January 1971 on temporary records.  His DD Form 214 lists his awards as only the National Defense Service Medal.  It also states information on his period of service in Vietnam was unavailable.

7.  The available military personnel records include –

* U.S. Army Training Center Special Orders number 109, dated 3 May 1968, for Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)
* U.S. Army Chemical Center and School Special Orders Number 176, dated 29 August 1968, for Expert Marksmanship Qualification Badge with Rifle Bar (M-16)
* 9th Infantry Division Special Orders Number 55, dated 24 February 1969, for the Aircraft Crewman Badge
* 9th Infantry Division General Orders Number 2853, dated 10 March 1969, for the Air Medal for the period 18 February 1969 to 2 March 1969
* 9th Infantry Division General Orders Number 3338, dated 20 March 1969, for the Army Commendation Medal
* 9th Infantry Division General Orders Number 4396, dated 12 April 1969 1969, for the Bronze Star Medal for outstanding achievement
* 9th Infantry Division General Orders Number 7839, dated 28 June 1969, for the Bronze Star Medal for meritorious service
* 9th Infantry Division General Orders Number 10539, dated 18 July 1969, for the Air Medal 1st through 7th Oak Leaf Cluster covering periods between 4 March 1969 to 29 June 1969

8.  The FSM's record contains no derogatory entries, disciplinary actions, or court-martials that would have precluded the FSM from being recommended for or awarded the first award of the Army Good Conduct Medal.

9.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in Vietnam.  This document shows that while the applicant was assigned to Headquarters and Headquarters Company, 9th Infantry Division, it was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.

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, 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.

11.  Army Regulation 600-8-22 (Military Awards) provides the following:

   a.  At the time of the FSM's service each subsequent award of the Air Medal was denoted by an Oak Leaf Cluster; the second award was denoted by the 1st Oak Leaf Cluster.  Arabic numerals are now used instead of Oak Leaf Clusters for the second and succeeding awards of the Air Medal.  The numeral 2 denotes the second award.
   
   b.  The Republic of Vietnam Campaign Medal was awarded by the Republic of Vietnam to members of the armed forces who served at least 6 months in Vietnam or who, because of wounds or capture, were prevented from serving the required 6 months.

   c.  The Vietnam Service Medal is awarded to all members of the armed forces who served in Vietnam or its contiguous waters or airspace during the period 3 July 1965 through 28 March 1973.  Service on temporary duty must have been for 30 consecutive days or 60 nonconsecutive days.
   
   d.  The regulation also lists the designated campaign periods for which a bronze service star is authorized for wear on the Vietnam Service Medal.  Based on the applicant's dates of service in Vietnam he served during the following three campaign periods:
   
* Counteroffensive Phase V, (1 July 1968 - 1 November 1968)
* Counteroffensive Phase VI, (2 November 1968 - 22 February 1969)
* Tet 69 Counteroffensive, (23 February 1969 - 8 June 1969)

DISCUSSION AND CONCLUSIONS:

1.  The FSM's service records contain orders for two Bronze Star Medals, Air Medal (1st Award), Air Medal with 7 Oak Leaf Clusters, Army Commendation Medal, Aircraft Crewman Badge, Expert Marksmanship Qualification Badge with Rifle Bar (M-16), and Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14).  None of these awards are shown on his DD Form 214.

2.  While the FSM’s exact dates of service in Vietnam are not of record, the dates of his awards orders show he was in Vietnam from early August 1968 through at least 28 February 1969.  Based on this period of service in Vietnam, the applicant meets the eligibility requirement for award of the Vietnam Service Medal with 3 bronze service stars and the Republic of Vietnam Campaign Medal with Device (1960).

3.  The FSM is also authorized the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.

4.  The FSM distinguished himself by his conduct, efficiency and fidelity as evidenced by his combat service, his conduct and efficiency ratings, his personal decorations, and his advancement to pay grade E-5.  The record contains no indication of any disqualifying incidents or recommendations.  It would be appropriate to award the applicant the Good Conduct Medal (1st Award) for his period of service from 15 March 1968 through 1 January 1971.

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 the FSM the Army Good Conduct Medal (1st Award) for his period of service from 15 March 1968 through 1 January 1971;

	b.  adding to the FSM’s 1 January 1971 DD Form 214 the:

* Bronze Star Medal with 1st Oak Leaf Cluster
* Air Medal with numeral 8
* Army Commendation Medal 
* Army Good Conduct Medal (1st Award)
* Vietnam Service Medal with 3 bronze service stars
* Republic of Vietnam Campaign Medal with Device (1960)
* Republic of Vietnam Gallantry Cross with Palm Unit Citation 
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation
* Aircraft  Crewman Badge
* Expert Marksmanship Qualification Badge with Rifle Bar (M-16)
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)




      _________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)                                         AR20150001128



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ABCMR Record of Proceedings (cont)                                         AR20150001128



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