BOARD DATE:	  15 September 2015

		DOCKET NUMBER:  AR20150002323 


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 (Certificate of Release or Discharge from Active Duty) to show award of the:

* Bronze Star Medal
* Purple Heart
* Army Commendation Medal

2.  The applicant states he wants these awards added to his DD Form 214.

3.  The applicant provides:

* Bronze Star Medal Certificate
* Purple Heart Certificate
* Army Commendation Medal Certificate

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 7 February 1968.

3.  Headquarters, 3d Advanced Individual Training Brigade, Special Orders Number 83, dated 17 May 1968, awarded him the Second Class Gunner (now Marksman) Marksmanship Qualification Badge with Machine Gun Bar (M-60).

4.  He served in Vietnam during the period 11 July 1968 through 1 May 1969.  He participated in three campaigns.  While in Vietnam, he was assigned to:

* Company A, 2d Battalion, 2d Infantry Regiment, 1st Infantry Division, during the period 20 July 1968 to 17 August 1968
* Headquarters and Headquarters Company, 2d Battalion, 2d Infantry Regiment, 1st Infantry Division, during the period 18 August 1968 to 22 January 1969
* Company B, 2d Battalion, 2d Infantry Regiment, 1st Infantry Division, during the period 23 January 1969 to 1 May 1969

5.  Headquarters, 24th Evacuation Hospital, General Orders Number 99, dated 29 April 1969, awarded him the Purple Heart.

6.  Headquarters, 1st Infantry Division, General Orders Number 6099, dated 28 June 1969, awarded him the Bronze Star Medal with "V" Device.

7.  Headquarters, 1st Infantry Division, General Orders Number 7327, dated 22 July 1969, awarded him the Army Commendation Medal.

8.  His DA Form 20 (Enlisted Qualification Record) shows in:

* item 30 (Remarks) – no entry for Vietnam service
* item 38 (Record of Assignment ) – all "excellent" conduct and efficiency ratings
* item 41 (Awards and Decorations) –

* National Defense Service Medal
* Vietnam Service Medal
* Combat Infantryman Badge
* 
Republic of Vietnam Campaign Medal with Device (1960)
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar

9.  On 6 February 1970, he was honorably released from active duty.  His DD Form 214 shows he was credited with 10 months and 9 days of foreign service and he was awarded or authorized the:

* National Defense Service Medal
* Vietnam Service Medal
* Combat Infantryman Badge
* Republic of Vietnam Campaign Medal with Device (1960)
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* one overseas service bar
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-16)

10.  The applicant provided copies of his certificates for the Bronze Star Medal, Purple Heart, and Army Commendation Medal.

11.  His records are void of a commander's disqualification that would have prevented him from being recommended for or awarded the Army Good Conduct Medal (1st Award) for his period of honorable service from 7 February 1968 through 6 February 1970.

12.  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, 1 year served entirely during the period 7 December 1941 to 2 March 1946; 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.  Ratings of "unknown" for portions of the period under consideration were not disqualifying.  There must have been no convictions by a court-martial.

13.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards.  A bronze service star is authorized with the Vietnam Service Medal for each Vietnam campaign a member is credited with participating in.

14.  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 unit to which the applicant was assigned was cited for award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period from October 1965 to 7 April 1970 by Department of the Army General Order (DAGO) Number 53, dated 1970.

DISCUSSION AND CONCLUSIONS:

1.  Orders awarded him the Bronze Star Medal with "V" Device, Purple Heart, and Army Commendation Medal.  His DD Form 214 should be corrected to show these awards.

2.  He served honorably during the period 7 February 1968 through 6 February 1970.  He received all "excellent" conduct and efficiency ratings and his records do not contain a commander's disqualification statement.  It would be appropriate to award him the Army Good Conduct Medal (1st Award) and to correct his DD Form 214 to show this award.

3.  The applicant was awarded the Vietnam Service Medal and he participated in three campaigns.  His DD Form 214 should be corrected to show award of the Vietnam Service Medal with three bronze service stars.

4.  Orders awarded him the Marksman Marksmanship Qualification Badge with Machine Gun Bar (M-60).  His DD Form 214 should be corrected to show this qualification badge.

5.  The applicant’s unit was cited in orders for award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.  His record should be corrected accordingly.

BOARD VOTE:

___X_____  ___X_____  __X__  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined the evidence presented is 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 (1st Award) for the period 7 February 1968 through 6 February 1970;

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

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

* Bronze Star Medal with "V" Device
* Purple Heart
* Army Commendation Medal
* Army Good Conduct Medal (1st Award)
* Vietnam Service Medal with three bronze service stars
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation
* Marksman Marksmanship Qualification Badge with Machine Gun Bar (M-60)



      ___________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)                                         AR20150002323



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ABCMR Record of Proceedings (cont)                                         AR20150002323



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