BOARD DATE:	  3 January 2013

		DOCKET NUMBER:  AR20120010510 


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 his award of the Bronze Star Medal (BSM).

2.  The applicant states the BSM is missing from his DD Form 214.

3.  The applicant provides orders for the BSM.

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 December 1969.  He held military occupational specialty 63C (track vehicle mechanic).  He arrived in Vietnam on 27 August 1970.  He was assigned to Company C,
2nd Battalion, 34th Armor of the 25th Infantry Division in Vietnam from              10 September 1970 to 8 November 1970.  He was assigned to Troop B,
3rd Squadron, 5th Cavalry, 9th Infantry Division in Vietnam from 27 August 1970 to 24 August 1971.

3.  General Orders Number 8531, issued by Headquarters, 101st Airborne Division, dated 15 August 1971, awarded the applicant the BSM for meritorious service during the period August 1970 to August 1971 in Vietnam.

4.  His record contains a DA Form 20 (Enlisted Qualification Record) that shows in item 38 (Record of Assignment) he received all "excellent" conduct and efficiency ratings throughout his service.

5.  There is no evidence of any disciplinary actions or a commander's action that would have precluded the applicant from being recommended for or awarded the first award of the Army Good Conduct Medal.

6.  On 28 August 1971, he was honorably released from active duty as an overseas returnee in the rank/grade of specialist four (SP4)/E-4.  He was transferred to the U.S. Army Reserve (USAR) Control Group (Annual Training) to complete his remaining service obligation.  He completed 1 year, 8 months, and 25 days of total active service with no time lost.  The DD Form 214 he was issued at the time shows he was awarded the:

* National Defense Service Medal
* Vietnam Service Medal
* Army Commendation Medal
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)
* Sharpshooter Marksmanship Qualification Badge with Automatic Rifle Bar (M-16)

7.  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 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.


8.  Army Regulation 600-8-22 (Military Awards) provides Department of the Army policy, criteria, and administrative instructions concerning individual military decorations, Army Good Conduct Medal, service medals and ribbons, unit decorations awarded in recognition of accomplishments.

	a.  Paragraph 2-13 contains the regulatory guidance on the Vietnam Service Medal.  It states 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 two campaigns:

* Vietnam Counteroffensive Phase VII (1 July 1970 - 30 June 1971)
* Consolidation I (1 July - 30 November 1971)

	b.  Paragraph 9-13 states the Republic of Vietnam Campaign Medal with Device (1960) was awarded by the Government of Vietnam to all members of the Armed Forces of the United States for qualifying service in Vietnam during the period 1 March 1961 through 28 March 1973.  Qualifying service included assignment in Vietnam for 6 months or more.

9.  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 3rd Squadron, 5th Cavalry, was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period in Department of the Army General Orders 42, dated 1972

DISCUSSION AND CONCLUSIONS:

1.  General orders awarded the applicant the BSM for meritorious service in Vietnam.  Therefore, his DD Form 214 should be corrected to show this award.

2.  He was honorably released from active duty in the rank/grade of SP4/E-4 with almost 21 months of total active service and no time lost.  He received all "excellent" conduct and efficiency ratings throughout his service and there was no evidence of any disciplinary actions or a commander's disqualification that would have precluded him from being awarded the Army Good Conduct Medal.  It appears he met the eligibility criteria for the first award of the Army Good Conduct Medal for the period 3 December 1969 through 28 August 1971 based on completion of a period of qualifying service ending with the termination of a period of Federal military service.  Therefore, it would be appropriate at this time 


to award him the Army Good Conduct Medal (1st Award) for the period               3 December 1969 through 28 August 1971.  Therefore, his DD Form 214 should be corrected to show this award.

3.  He participated in two campaigns during his assignment in Vietnam that entitles him to two bronze service stars for wear on his already-awarded Vietnam Service Medal.  Therefore, his DD Form 214 should be corrected to show these bronze service stars.

4.  He served a period of qualifying service for entitlement to the Republic of Vietnam Campaign Medal with Device (1960).  Therefore, his DD Form 214 should be corrected to show this award.

5.  His unit in Vietnam was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation during his period of assignment.  Therefore, his DD Form 214 should be corrected to show this unit award.

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 his DD Form 214 the Vietnam Service Medal;

	b.  awarding him the Army Good Conduct Medal (1st Award) for the period
3 December 1969 through 28 August 1971; and

	c.  adding to his DD Form 214 the:

* Bronze Star Medal
* Army Good Conduct Medal (1st Award)


* Vietnam Service Medal with two bronze service stars
* Republic of Vietnam Campaign Medal with Device (1960)
* 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)                                         AR20120010510



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ABCMR Record of Proceedings (cont)                                         AR20120010510



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