IN THE CASE OF:	  

		BOARD DATE:	  1 September 2011

		DOCKET NUMBER:  AR20110004349


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, in effect:

* consolidation of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) and DD Form 215 (Correction to
DD Form 214), dated in April 1974
* correction of his DD Form 214 to show 2 awards of the Bronze Star Medal (BSM)
* correction of his DD Form 214 to show his completion of the Reconnaissance Commando (RECONDO) course

2.  The applicant states the information on his DD Form 214 is incomplete.  He further states he was awarded the BSM (2nd Award) for meritorious service by General Orders Number 4949 included with his application.

3.  The applicant provides:

* his DD Form 214
* his DD Form 215, dated 16 April 1974
* General Orders Number 2082, issued by Headquarters, 9th Infantry Division, dated 1 April 1968
* General Orders Number 4949, issued by the same headquarters, dated 22 June 1968
* an undated DA Form 87 (Certificate of Training) for completing the RECONDO School in Vietnam

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.  He was inducted into the Army of the United States on 2 December 1966 for a period of 2 years.  He completed training and he was awarded military occupational specialty 11B (light weapons infantryman).

3.  Item 38 (Record of Assignments) of his DA Form 20 (Enlisted Qualification Record) shows he:

* served in the Vietnam from 10 May 1967 to 5 May 1968 while assigned to Headquarters and Headquarters Company (HHC), 2nd Battalion, 47th Infantry Regiment, 9th Infantry Division
* received all "excellent" conduct and efficiency ratings throughout his service

4.  General Orders Number 2082, dated 1 April 1968, awarded him the BSM with "V" Device for heroism in Vietnam on 23 January 1968.

5.  General Orders Number 4949, dated 22 June 1968, awarded him the BSM for meritorious service in Vietnam for the period 1 June 1967 to 21 April 1968.
7.  There is no evidence of any disciplinary actions or a commander's disqualification that would have precluded him from being awarded the Army Good Conduct Medal.

6.  On 29 November 1968, he was honorably released from active duty and he was transferred to the U.S. Army Reserve (USAR) Control Group (Annual Training) to complete his remaining service obligation.  His DD Form 214 shows he completed 1 year, 11 months, and 28 days of total active service, including
11 months and 29 days of foreign service.  The highest rank/grade he attained while serving on active duty was sergeant (SGT)/E-5.

7.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the:

* Bronze Star Medal with "V" Device 
* National Defense Service Medal
* Vietnam Service Medal with 2 bronze service stars
* Republic of Vietnam Campaign Medal with Device (1960)
* 1 overseas service bar
* Expert Marksmanship Qualification Badge with Machinegun Bar (M-60)
* Marksman Marksmanship Qualification Badge with Rifle Bars (M-14 and M-16)

8.  A DD Form 215 corrected his DD Form 214 by adding to item 24 the Combat Infantryman Badge.

9.  The applicant provides an undated DA Form 87 that shows he completed the (3-week) 9th Infantry Division RECONDO school in Vietnam.

10.  Army Regulation 635-5 (Personnel Separations - Separation Documents), in effect at the time, prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  Section III contains instructions for the preparation and distribution of the DD Form 214.  Paragraph 54 (item 25) states to enter installation training courses (qualification courses), military correspondence courses, and off-duty courses the enlisted person has successfully completed during the period covered by the DD Form 214 being prepared.

11.  Paragraph 2-7 of Army Regulation 635-5, currently in effect, states that a  DD Form 214 will only be reissued when two DD Forms 215 have been issued and an additional correction is required.  

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 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.  There must have been no convictions by a court-martial.

13.  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 the:

* Valorous Unit Award for the period 31 January 1968 by Department of the Army General Orders (DAGO) Number 5, 1969
* Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 1 December 1966 through 30 June 1968 by DAGO Number 31, dated 1969
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 19 December 1966 through 28 June 1969 by DAGO Number 59, dated 1969

14.  Army Regulation 600-8-22 (Military Awards) states, in pertinent part, that a bronze service star is authorized with the Vietnam Service Medal 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 II (1 July 1966 - 31 May 1967)
* Vietnam Counteroffensive, Phase III (1 June 1967 - 29 January 1968)
* Tet Counteroffensive (30 January 1968 - 1 April 1968)
* Vietnam Counteroffensive, Phase IV (2 April 1968 - 30 June 1968) 

15.  Army Regulation 670-1 (Uniforms and Insignia) governs the requirements for the Overseas Service Bar.  It states a bar is authorized for wear for each period of active Federal service as a member of the U.S. Army outside of the continental limits of the United States for the specific time frames and areas of operation cited in Army Regulation 670-1 or appropriate Department of the Army message. There are special provisions regarding authorization for the Overseas Service Bar for service in a hostile fire zone and for combining service to calculate award of the bars.  For Vietnam service, one overseas service bar was authorized for each period of 6 months active Federal service as a member of a U.S. Service in Vietnam from 1 July 1958 to 28 March 1973.  Both the month of arrival and the month of departure from Vietnam were counted as whole months for credit toward the overseas service bar.

DISCUSSION AND CONCLUSIONS:

1.  General orders awarded the applicant two awards of the Bronze Star Medal, one with a "V" Device for valor.  Therefore, he is entitled to correction of his
DD Form 214 to show the Bronze Star Medal (2nd Award) and with "V" Device.

2.  He honorably served on active duty from 2 December 1966 through
29 November 1968.  He received all "excellent" conduct and efficiency ratings throughout his service, with no evidence of any disciplinary or derogatory actions or a commander's disqualification for award of the Army Good Conduct Medal.  Therefore, he is entitled to award of the Army Good Conduct Medal (1st Award) and correction of his DD Form 214 to show this award.

3.  His unit in Vietnam was cited for award of the Valorous Unit Award, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation during his period of assignment.  Therefore, he is entitled to correction of his DD Form 214 to show these unit awards.

4.  He participated in four campaign phases during his service in Vietnam which entitled him to four bronze service stars for wear on his already-awarded Vietnam Service Medal.  However, his DD Form 214 only shows the Vietnam Service Medal with 2 bronze service stars.  Therefore, his DD Form 214 should be corrected to show the Vietnam Service Medal with four bronze service stars.

5.  He completed the RECONDO school while assigned to the 9th Infantry Division in Vietnam which was 3 weeks long.  Therefore, his DD Form 214 should be corrected to show completion of the RECONDO school, 3 weeks.

6.  He completed 11 months and 29 days of foreign service in Vietnam, which should have qualified him for 2 overseas service bars.  Only one overseas service bar is shown on his DD Form 214; therefore, he is entitled to correction of his DD Form 214 to show 2 overseas service bars.

7.  The applicant requests consolidation of his DD Form 214 and his
DD Form 215, so his Combat Infantryman Badge, which appears on his DD Form 215, will appear on his DD Form 214.  Army Regulation 635-5 states that a DD Form 214 will only be reissued when two DD Forms 215 have been issued and an additional correction is required.  The applicant's record contains a single DD Form 214 and DD Form 215; as such, there is no basis for issuing of a new DD Form 214 at this time.  









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.  deleting from item 24 of his DD Form 214 the:

* Bronze Star Medal with "V" Device
* Vietnam Service Medal with 2 bronze service stars
* one Overseas Service Bar

	b.  awarding him the Army Good Conduct Medal (1st Award) for the period
2 December 1966 through 29 November 1968;

	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 4 bronze service stars
* Valorous Unit Award
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation
* 2 Overseas Service Bars

	d.  adding to item 25 of his DD Form 214 to add the entry "RECONDO School, 3 weeks, 1967."





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 the consolidation of his DD Form 214 and DD Form 215, and the reissuance of a new 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)                                         AR20110004349



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