BOARD DATE:	  6 December 2012

		DOCKET NUMBER:  AR20120010268 


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 (BSM) with "V" Device and one oak leaf cluster (1OLC).

2.  The applicant states he was awarded the BSM with "V" Device and 1OLC; however, it was not included on his DD Form 214.

3.  The applicant provides copies of orders awarding him the BSM with "V" Device and 1OLC.

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 20 September 1965.  He completed basic training at Fort Leonard Wood, Missouri, and advanced individual training as a field artillery operations and intelligence assistant at Fort Sill, Oklahoma, before being transferred to Germany on 6 February 1966.

3.  He departed Germany on 21 July 1966 and was assigned to Vietnam on 26 August 1966.  He was initially assigned to Headquarters Battery, 8th Battalion, 6th Artillery Regiment, 1st Infantry Division.  On 17 November 1966, he was transferred to Battery C.  He was advanced to pay grade E-4 on 25 February 1967.

4.  On 14 May 1967, General Orders Number 3269 issued by Headquarters, 1st Infantry Division, awarded the applicant the BSM with "V" Device for heroism on 10 March 1967.

5.  On 4 August 1967, General Orders Number 5572 issued by Headquarters, 1st Infantry Division, awarded the applicant the BSM with 1OLC for meritorious service.

6.  On 16 August 1967 after serving in two campaigns, he departed Vietnam and was transferred to Oakland Army Base, California, where he was honorably released from active duty (REFRAD) as an overseas returnee on 17 August 1967.  He completed 1 year, 10 months, and 28 days of active service.  His DD Form 214 issued at the time of his REFRAD shows he was awarded the Vietnam Service Medal, Republic of Vietnam Campaign Medal, National Defense Service Medal, and Bronze Star Medal.

7.  A review of his official records shows he had "excellent" conduct and efficiency ratings throughout his service and his records do not contain sufficient derogatory information that would serve to disqualify him for award of the Army Good Conduct Medal (AGCM).

8.  Army Regulation 600-8-22 (Military Awards) states a bronze service star will be worn on the appropriate service medal based on qualifying service for each campaign listed in appendix B, in this case the Vietnam Service Medal.  

9.  Army Regulation 672-5-1 (Awards), in effect at the time, stated the AGCM 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.  There must have been no convictions by a court-martial.

10.  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.  It shows the applicant's unit was awarded the Meritorious Unit Commendation (MUC), Republic of Vietnam Gallantry Cross with Palm Unit Citation, and Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation during the period he served with the unit.

DISCUSSION AND CONCLUSIONS:

1.  The applicant was awarded the BSM with "V" Device and 1OLC; however, they were not properly reflected on his DD Form 214.  Accordingly, they should be added at this time.

2.  While the applicant was awarded the Vietnam Service Medal, he was not awarded any service stars to denote his campaign participation.  He served in two campaigns and is thus entitled to wear two bronze service stars on his already-awarded Vietnam Service Medal.

3.  A review of the applicant's records shows he had "excellent" conduct and efficiency ratings throughout his period of service and his records do not contain  derogatory information that would serve to disqualify him for the AGCM (1st Award).  Therefore, it appears that the failure to award him this medal was the result of an administrative error.  Accordingly, he should be awarded the AGCM (1st Award) for the period 20 September 1965 to 17 August 1967 and his DD Form 214 should be corrected to show this award.

4.  Additionally, his unit was awarded the MUC, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation during the period he served with the unit and he is entitled to have those awards added to his DD Form 214.



BOARD VOTE:

___x_____  ___x_____  __x_  GRANT FULL RELIEF 

________  ________  ________  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 relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

* awarding him the AGCM (1st Award) for the period 20 September 1965 through 17 August 1967
* deleting award of the Vietnam Service Medal and Bronze Star Medal from his DD Form 214
* adding award of the BSM with "V" Device and 1OLC, AGCM (1st Award), Vietnam Service Medal with two bronze service stars, MUC, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation to his DD Form 214

2.  The Board wants the applicant and all others to know the sacrifices he made in service to the United States during the Vietnam War are deeply appreciated.  The applicant and all Americans should be justifiably proud of his service in arms.



      __________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)                                         AR20120010268



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ABCMR Record of Proceedings (cont)                                         AR20120010268



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