IN THE CASE OF:	

		BOARD DATE:	  6 March 2012

		DOCKET NUMBER:  AR20110013720 


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 and his service in Vietnam.

2.  The applicant states he was separated prior to the issuance of his award orders.  Additionally, he served in Vietnam from August 1968 to November 1969.

3.  The applicant provides his DD Form 214 and General Orders (GO) Number 497 awarding him the Bronze Star Medal with "V" Device. 

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 3 April 1968 and he held military occupational specialty 95B (Military Police).   

3.  Special Orders (SO) Number 80, issued by Headquarters, 1st Training Brigade, U.S. Army Training Center, Fort Gordon, GA, on 13 May 1968, awarded him the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14).

4.  SO Number 148, issued by Headquarters, 4th Advanced Individual Training Brigade, U.S. Army Training Center, Fort Gordon, GA, on 1 August 1968, awarded him the Expert Marksmanship Qualification Badge with Rifle Bar (M-16).

5.  He served in Vietnam from on or about 29 August 1968 to 5 November 1969. He was assigned to Company B, 716th Military Police Battalion, from on or about 1 September 1968 to 8 August 1969 and Company C, 720th Military Police Battalion, from 8 August to on or about 4 November 1969.

6.  He was honorably released from active duty in the rank/grade of specialist four (SP4)/E-4 on 6 November 1969.  His DD Form 214 shows he completed 1 year, 7 months, and 4 days of active service.  This form also shows in:

* item 22c (Foreign and/or Sea Service) - 1 year, 2 months, and 6 days of foreign service; this item does not list the major overseas theater
* item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) - the National Defense Service Medal, Vietnam Service Medal, and Vietnam Campaign Medal 
* item 30 (Remarks) does not list his service in Vietnam

7.  GO Number 497, issued by Headquarters, U.S. Army Vietnam, on                22 February 1970, awarded him the Bronze Star Medal with "V" device for heroism on 14 August 1969.

8.  Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214.  Chapter 2 of the regulation in effect at the time contains guidance on the preparation of the DD Form 214.  Item 22c shows the total active duty outside continental limits of the United States for the period covered by the DD Form 214 and the last overseas theater service was performed, e.g. "USARPAC" (U.S. Army Pacific); item 24 shows a member's awards and decorations; and item 30 is used for mandatory requirements, when a separate block is not available, and as a continuation entry.

9.  A review of the applicant's records reveals his entitlement to additional awards which are not shown on his DD Form 214.
10.  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 "excellent" conduct and efficiency ratings throughout his military service.

11.  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.

12.  Department of the Army (DA) Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows during his service with the 716th Military Police Battalion, in Vietnam, this unit was awarded the:

* Meritorious Unit Commendation, for service from 1 January to 31 October 1968, based on DAGO Number 51, dated 1971 and for service from 1 November 1969 to 31 October 1969, based on DAGO Number 6, dated 1973
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, for service from 29 September 1966 to 28 March 1973, based on DAGO Number 6, dated 1973

13.  DA Pamphlet 672-3 shows during his service with the 720th Military Police Battalion, in Vietnam, this unit was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation for service from 29 September 1966 to 28 March 1973, based on DAGO Number 6, dated 1974.

14.  Appendix B of Army Regulation 600-8-22 (Military Awards) shows participation credit was awarded for five campaigns during the applicant's service in the Republic of Vietnam as shown below.  This same regulation states a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.  A silver service star denotes five bronze service stars.

* Vietnam Counteroffensive, Phase V, 1 July to 1 November 1968
* Vietnam Counteroffensive, Phase VI, 2 November 1968 to 22 February 1969
* Tet 69 Counteroffensive, 23 February to 8 June 1969
* Vietnam Sumer – Fall 1969, 9 June to 31 October 1969
* Vietnam Winter-Spring 1970, 1 November 1969 to 30 April 1970
DISCUSSION AND CONCLUSIONS:

1.  General orders awarded the applicant the Bronze Star Medal with "V" Device which is not shown on his DD Form 214; therefore, he is entitled to correction of his DD Form 214 to show this award.

2.  He served honorably from 3 April 1968 through 6 November 1969.  He served in combat in Vietnam, attained the rank/grade of SP4/E-4, and received "excellent" efficiency and conduct ratings throughout his military service.  Lacking any derogatory information on file that would have disqualified him from receiving the first award of the Army Good Conduct Medal, it would be appropriate to award the applicant the Army Good Conduct Medal and to correct his records to show this award.

3.  General orders awarded his unit in Vietnam the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Republic of Vietnam Gallantry Civil Actions Honor Medal First Class Unit Citation,  and two awards of the Meritorious Unit Commendation, which are not shown on his records; therefore, he is entitled to correction of his records to show these unit awards.

4.  He participated in five campaigns while serving in Vietnam; therefore, he is entitled to a silver service star to be affixed to the Vietnam Service Medal.

5.  He was awarded the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14) and the Expert Marksmanship Qualification Badge with Rifle Bar (M-16) neither of which is shown on his DD Form 214; therefore, he is entitled to correction of his DD Form 214 to show these badges.

6.  He served in Vietnam from 29 August 1968 to 5 November 1969.  His last overseas theater was USARPAC which is not shown in item 22c of his DD Form 214.  Therefore, he is entitled to correction of item 22c to show the major overseas theater.  Additionally, there is no harm to the Army or the Soldier if this period of service in Vietnam is shown in item 30 of his DD Form 214.

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:

* awarding him the Army Good Conduct Medal (1st Award) for exemplary behavior, efficiency, and fidelity during the period 3 April 1968 through 6 November 1969
* adding to item 24 of his DD Form 214 the:

* Bronze Star Medal with "V" Device
* Army Good Conduct Medal (1st Award)
* A silver service star to be affixed to his already-awarded Vietnam Service Medal
* Meritorious Unit Commendation (2nd Award)
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Gallantry Civil Actions Honor Medal First Class Unit Citation
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)
* Expert Marksmanship Qualification Badge with Rifle Bar (M-16)

* adding to item 22c of his DD Form 214 the entry "USARPAC"
* adding to item 30 of his DD Form 214 the entry "Vietnam Service:  19680829 – 19691105"



      _______ _   _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)                                         AR20110013720



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ABCMR Record of Proceedings (cont)                                         AR20110013720



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