DOCKET NUMBER:  AR20100026022 


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 award of the Bronze Star Medal with "V" Device for valor and an additional Bronze Star Medal for meritorious service.

2.  He states, in effect, that although he was awarded these medals during his period of service, they are not reflected on his DD Form 214.

3.  He provides a general orders showing award of the Bronze Star Medal with "V" Device.

CONSIDERATION OF EVIDENCE:

1.  Title 10, United States 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 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 6 February 1967.  Upon completion of initial entry training he was awarded military occupational specialty 11B (Light Weapons Infantryman).  The highest rank/pay grade he attained while serving on active duty was specialist four/E-4.

3.  Item 31 (Foreign Service) of his DA Form 20 (Enlisted Qualification Record) shows he served in the Republic of Vietnam from 13 August 1967 through 10 August 1968.

4.  Item 38 (Record of Assignments) of his DA Form 20 shows that during his tour of duty in the Republic of Vietnam, he was assigned to 1st Battalion, 503rd Infantry Regiment, 173rd Airborne Brigade (Separate).  He was assigned to Company A from 17 August 1967 through 19 May 1968 and Headquarters and Headquarters Company from 20 May to 7 August 1968.

5.  Item 38 also shows he received "excellent" conduct and efficiency ratings for each of his duty assignments.  There is also no record of any convictions by a court-martial or a commander's disqualification from receiving the Army Good Conduct Medal.

6.  His record contains special orders showing he was awarded the following marksmanship qualification badges:

* Expert Marksmanship Qualification Badge with Machine Gun Bar (M-60)
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-16)

7.  His record contains (and he also provides) General Orders Number 1979, dated 30 December 1967, which awarded him the Bronze Star Medal with "V" Device for heroism in connection with military operations against a hostile force while serving in the Republic of Vietnam on 18 November 1967.

8.  His record contains General Orders Number 2169, dated 21 August 1968, which awarded him the Bronze Star Medal First Oak Leaf Cluster [indicating his 2nd award of the Bronze Star Medal] for meritorious service in connection with military operations against a hostile force while serving in the Republic of Vietnam from August 1967 to August 1968.

9.  His DD Form 214 (as amended by a DD Form 215 (Correction to DD Form 214) dated 19 April 2004) shows he was honorably released from active duty on 5 February 1970 and transferred to U.S. Army Reserve Control Group (Reinforcement) following the completion of 3 years of creditable active duty service.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 he was issued at the time of his release from active duty shows the:

* Purple Heart
* Air Medal
* National Defense Service Medal
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* Combat Infantryman Badge
* Parachutist Badge

10.  Army Regulation 672-5-1 (Awards), in effect at the time, provided that the Army Good Conduct Medal was awarded to individuals 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.  

11.  Army Regulation 600-8-22 (Military Awards), paragraph 2-13, contains the regulatory guidance on the Vietnam Service Medal.  It states, in pertinent part, that a bronze service star is authorized with this award for each Vietnam campaign a member is credited with participating in.  Appendix B shows that during his service in Vietnam, the applicant participated in the following four campaigns:

* Vietnam Counteroffensive, Phase III
* TET Counteroffensive 1969
* Vietnam Counteroffensive, Phase IV
* Vietnam Counteroffensive, Phase V

12.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) was published to assist commanders and personnel officers in determining or establishing the eligibility of Soldiers for campaign participation credit, assault landing credit, and unit citation badges awarded during the Vietnam Conflict.  This pamphlet shows the unit to which the applicant was assigned was cited for award of:

* Presidential Unit Citation for actions during the period 6 through 23 November 1967, by Department of the Army General Orders (DAGO) Number 5, dated 1979
* Republic of Vietnam Gallantry Cross with Palm Unit Citation for actions during the period 5 May 1965 through 26 September 1970, by DAGO Number 51, dated 1971.
DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that his military records should be corrected to show award of the Bronze Star Medal with "V" Device for valor and an additional Bronze Star Medal for meritorious service was carefully considered and determined to have merit.

2.  General orders awarded him both the Bronze Star Medal with "V" Device for valor and an additional Bronze Star Medal for meritorious service.  Therefore, he is entitled to correction of his DD Form 214 to these awards

3.  Special orders awarded him the following marksmanship qualification badges and he is therefore entitled to correction of his DD Form 214 to show these badges:

* Expert Marksmanship Qualification Badge with Machine Gun Bar (M-60)
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-16)

4.  Evidence shows he received “excellent” conduct and efficiency ratings through his service.  There is also no record of any convictions by a court-martial or a commander's disqualification from receiving the Army Good Conduct Medal for the period 6 February 1967 to 5 February 1970.  Therefore, he is entitled to the first award of the Army Good Conduct Medal and correction of his DD Form 214 to show this award.

5.  Records show he participated in four campaign phases while serving in the Republic of Vietnam.  Therefore, he is entitled to three bronze service stars for wear on his already-awarded Vietnam Service Medal and correction of his DD Form 214 to show these bronze service stars.

6.  General orders awarded his unit the Presidential Unit Citation and the Republic of Vietnam Gallantry Cross with Palm Unit Citation for actions during his tenure.  Therefore, he is entitled to have his DD Form 214 corrected to show these unit awards.  








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.  deleting from item 24 of his DD Form 214 the Vietnam Service Medal;

	b.  awarding him the Army Good Conduct Medal (1st Award) for the period 6 February 1967 to 5 February 1970; and

	c.  adding to item 24 of his DD Form 214 the:

* Bronze Star Medal (2nd Award) and with "V" Device
* Army Good Conduct Medal (1st Award)
* Vietnam Service Medal with four bronze service stars
* Presidential Unit Citation
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Expert Marksmanship Qualification Badge with Machine Gun Bar 
(M-60)
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-16)



      _______ _ 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)                                         AR20100026022





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ABCMR Record of Proceedings (cont)                                         AR20100026022



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