BOARD DATE:	  20 December 2012

		DOCKET NUMBER:  AR20120011082 


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).

2.  He states the BSM was omitted from his DD Form 214.

3.  He provides his DD Form 214, DD Form 215 (Correction to DD Form 214), and BSM citation and certificate.

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
4 September 1969.  He served in the Republic of Vietnam (RVN) from 
19 February 1970 to 8 April 1971. 

3.  During his tenure of service in Vietnam, he was assigned to the following units:

* Company C, 1st Battalion (Airmobile), 506th Infantry Regiment from 
4 to 26 March 1970
* Headquarters and Headquarters Company, 1st Battalion (Airmobile),
506th Infantry Regiment from 27 March 1970 to 4 April 1971

4.  The applicant was honorably released from active duty on 9 April 1971, having completed 1 year, 7 months, and 6 days of total active service.

5.  His DD Form 214 shows the following:  

* National Defense Service Medal
* Vietnam Service Medal (VSM)
* RVN Campaign Medal with Device (1960)
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16)
* Two overseas bars  

6.  Item 41 (Awards and Decorations) of his DA Form 20 (Enlisted Qualification Record) shows that in addition to the awards listed on his DD Form 214, he was awarded the Sharpshooter Marksmanship Qualification Badge with Rifle Bar 
(M-14).  

7.  He provides a BSM certificate dated 31 January 1971 and a citation that shows he was awarded the BSM for meritorious achievement in ground operations against hostile forces in the RVN from 1 May 1970 to 31 January 1971.  Additionally, General Orders Number 1012, dated 2 February 1971, located on the Awards and Decorations Computer Assisted Retrieval System maintained by the Military Awards Branch of the U.S. Army Human Resources Command, confirm his award of the BSM.

8.  There is no record of indiscipline or a commander's disqualification statement that would have precluded the applicant from being recommended for and awarded the first award of the Army Good Conduct Medal (AGCM).  Additionally, his DA Form 20 shows he received all "excellent" conduct and efficiency ratings throughout his service.

9.  Army Regulation 672-5-1 (Military Awards), in effect at the time, stated the AGCM 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.

10.  Appendix B of Army Regulation 600-8-22 (Military Awards) states a bronze service star is awarded for wear on the VSM for participation in each campaign.   His records indicate he participated in the following campaigns:

* Vietnam Winter - Spring 1970 (1 November 1969 - 30 April 1970)
* Sanctuary Counteroffensive (1 May1970 - 30 June 1970)
* Vietnam Counteroffensive Phase VII (1 July 1970 - 30 June 1971)

11.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units that served in the Vietnam War.  This pamphlet shows the 1st Battalion, 506th Infantry Regiment was cited for the RVN Gallantry Cross with Palm Unit Citation by Department of the Army General Orders Number 6, dated 1974.

DISCUSSION AND CONCLUSIONS:

1.  General orders verify he was awarded the BSM for service in Vietnam.  Therefore, he is entitled to correction of his DD Form 214 to show this award.

2.  His DA Form 20 verifies he was awarded the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14).  Therefore, he is entitled to correction of his DD Form 214 to show this badge.

3.  The evidence of record shows no evidence of any disciplinary actions or a commander's disqualification for award of the AGCM.  Evidence shows he received all "excellent" conduct and efficiency ratings through his service.  Therefore, it would be appropriate to award him the first award of the AGCM for the period 4 September 1969 through 9 April 1971 and to correct his 
DD Form 214 to show this award.

4.  The evidence of record shows he is entitled to wear the RVN Gallantry Cross with Palm Unit Citation.  Therefore, his records should be corrected to show this unit award.

5.  The evidence also shows he participated in three campaigns during his service in Vietnam.  Therefore, he is entitled to correction of his records to show three bronze service stars to be worn on his already-awarded VSM.

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 VSM;

	b.  awarding him the AGCM (1st Award) for the period 4 September 1969 through 9 April 1971; and

	c.  adding to his DD Form 214 the:

* BSM
* AGCM (1st Award)
* VSM with three bronze service stars
* RVN Gallantry Cross with Palm Unit Citation
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)



      _______ 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)                                         AR20120011082





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ABCMR Record of Proceedings (cont)                                         AR20120011082



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