IN THE CASE OF:  	  

		BOARD DATE:  14 May 2015	  

		DOCKET NUMBER:  AR20150002743 


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 Purple Heart, Air Medal, and any unit awards and/or presidential citations. 

2.  The applicant states he applied for benefits but his combat awards are not listed on his DD Form 214.  He served with Company B, 1st Battalion, 12th Cavalry in Vietnam.

3.  The applicant provides:

* DD Form 214
* Letter from Headquarters, Fort Leavenworth, KS, Subject: Presentation of Award
* Citation for award of the Air Medal
* Transmittal of Record regarding the Air Medal
* General Orders (GO) Number 3942, Air Medal

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's records show he was inducted into the Army of the United States on 15 June 1965 and he held military occupational specialty 11B (Light Weapons Infantryman). 

3.  Special Orders (SO) Number 216, issued by Headquarters, U.S. Army Training Center, Fort Knox, KY, on 4 August 1965, awarded him the Marksman Marksmanship Qualification Badge with Rifle Bar (M-14). 

4.  He served in Vietnam from on or about 24 November 1965 to 6 November 1966.  He was assigned to Company B, 1st Battalion, 12th Cavalry Regiment, 1st Cavalry Division from 3 December 1965 to 6 November 1966. 

5.  He was wounded in Vietnam on 25 February 1966 as a result of hostile action.  He sustained a gunshot wound to the right arm while on a combat operation when his unit encountered a hostile force.

6.  Headquarters, 1st Cavalry Division, published the following General Orders (GO) awarding him the below awards: 

* GO Number 3680, on 4 November 1966, the Purple Heart for wounds received in action on 25 February 1966
* GO Number 3942, the Air Medal for meritorious achievement from November 1965 to October 1966 

7.  He was honorably released from active duty in the rank/grade of sergeant (SGT)/E-5 on 14 June 1967.  His DD Form 214 shows he completed 2 years of active service with no lost time.  His DD Form 214 also shows he was awarded or authorized the:

* Parachutist Badge
* Vietnam Service Medal
* Combat Infantryman Badge 
* National Defense Service Medal
* Vietnam Campaign Medal 

8.  A review of his service record shows no derogatory information that would disqualify him for the first award of the Army Good Conduct Medal.  Furthermore, item 38 (Record of Assignments) of his DA Form 20 (Enlisted Qualification Record) shows he received all "excellent" conduct and efficiency ratings throughout his military service.

9.  Army Regulation 672-5-1 (Military Awards), in effect at the time, provided that the Army Good Conduct Medal 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.  The enlisted person must have had all "excellent" conduct and efficiency ratings and no convictions by a court-martial.

10.  Army Regulation 600-8-22 (Military Awards) states the Vietnam Service Medal is awarded for qualifying service in Vietnam after 3 July 1965 through 28 March 1973.  Appendix B shows during his service in Vietnam, campaign participation credit was awarded for the below campaigns. This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.  He participated in the following campaigns:

* Vietnam Defense Campaign, 8 March - 24 December 1965
* Vietnam Counteroffensive, 25 December 1965 - 30 June 1966
* Vietnam Counteroffensive Phase, 1 July 1966 - 31 May 1967

11.  Department of the Army (DA) Pamphlet 672-3 (Unit Citations and Campaign Participation Credit) shows during his service with the 1st Battalion, 12th Cavalry from 3 December 1965 to 6 November 1966 in Vietnam, this unit was cited for awards of the: 

* Presidential Unit Citation, for service from 2 to 3 October 1966, by DAGO Number 47, dated 1968
* Republic of Vietnam Gallantry Cross with Palm Unit Citation for service from 9 August 1965 to 19 May 1969, by DAGO Number 56, dated 1969

DISCUSSION AND CONCLUSIONS:

1.  GO awarded the applicant the Purple Heart and the Air Medal.  Therefore, he is entitled to correction of his DD Form 214 to show these awards. 

2.  He was awarded the Vietnam Service Medal.  He also participated in three campaigns during his service in Vietnam.  Therefore, he is entitled to award of three bronze service stars to be affixed to his already-awarded Vietnam Service Medal and correction of his DD Form 214 to show these service stars.

3.  SO awarded him the Marksman Marksmanship Qualification Badge with Rifle Bar (M-14).  Therefore, he is entitled to correction of his DD Form 214 to show this badge. 

4.  His unit in Vietnam was awarded the Presidential Unit Citation and Republic of Vietnam Gallantry Cross with Palm Unit Citation.  Therefore, his DD Form 214 should be corrected to show these unit awards. 

5.  He served honorably from 15 June 1965 through 14 June 1967.  He served in Vietnam, attained the rank/grade of SGT/E-5, and received all"excellent" efficiency and conduct ratings throughout his military service.  His records contain no derogatory information that would have disqualified him from receiving the first award of the Army Good Conduct Medal.  Therefore, it would be appropriate to award the applicant the Army Good Conduct Medal and correct his DD Form 214 to show this medal.

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:

* awarding him the Army Good Conduct Medal (1st Award) for exemplary behavior, efficiency, and fidelity during the period 15 June 1965 through 14 June 1967
* adding to his DD Form 214 the:

* Army Good Conduct Medal (1st Award)
* Purple Heart
* Air Medal
* Vietnam Service Medal with three bronze service stars
* 
Marksman Marksmanship Qualification Badge with Rifle Bar (M-14)
* Presidential Unit Citation 
* Republic of Vietnam Gallantry Cross with Palm Unit Citation



      _______ _   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)                                         AR20150002743



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ABCMR Record of Proceedings (cont)                                         AR20150002743



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