IN THE CASE OF:	  

		BOARD DATE:  24 January 2013

		DOCKET NUMBER:  AR20120012486 


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 second award of the Bronze Star Medal for heroism.

2.  He states he was awarded a Bronze Star Medal for meritorious service and another one for heroism.

3.  He provides copies of General Orders (GO) Number 2009 and 3258 (front page).

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's military records show he was inducted into the Army of the United States on 6 July 1966.  He completed training and was awarded military occupational specialty 11B (Light Weapons Infantryman).

3.  He served in Vietnam from 27 April 1967 through 21 April 1968, during four campaigns.  He was assigned to Troop D, 3rd Squadron, 4th Calvary, 25th Infantry Division.

4.  GO Number 2009, issued by Headquarters, 25th Infantry Division, on 30 March 1968, awarded him the Bronze Star Medal with "V" Device for heroism in connection with ground operations against a hostile force in Vietnam on 29 January 1968.

5.  GO Number 3258, issued by Headquarters, 25th Infantry Division, on 29 April 1968, awarded him the Bronze Star Medal for meritorious service in connection with ground operations against a hostile force in Vietnam during the period May 1967 to April 1968.

6.  He was honorably released from active duty in pay grade E-5 on 24 April 1968, as an overseas returnee, and he was transferred to the U.S. Army Reserve Control Group (Annual Training).  His DD Form 214 lists the:

* National Defense Service Medal
* Vietnam Service Medal
* Vietnam Campaign Medal
* Combat infantryman Badge
* Bronze Star Medal
* Air Medal
* Meritorious Unit Commendation

7.  Item 38 (Record of Assignments) of his DA Form 20 (Enlisted Qualification Record) shows he received "excellent" conduct and efficiency ratings throughout his period of service.  There is no indication of any disciplinary action during his period of active service.  There also is no evidence of a commander's disqualification for the first award of the Army Good Conduct Medal.

8.  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 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.
9.  Item 41 (Awards and Decorations) of his DA Form 20 shows he was awarded the Marksman Marksmanship Qualification Badge with Machine Gun Bar (M-60), and Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14).  

10.  A review of the Awards and Decorations Computer-Assisted Retrieval System, an index of general orders issued during the Vietnam era between 1965 and 1973 maintained by the Military Awards Branch of HRC, contained both the front and back page of GO Number 3258 authorizing him award of the Bronze Star Medal.

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

12.  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 3rd Squadron, 4th Cavalry was cited for award of the:

* Presidential Unit Citation for the period 31 January 1968, by Department of Army General Orders (DAGO) Number 69, dated 1969
* Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period December 1965-August 1968, by DAGO Number 48, dated 1971
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 1 January 1966-21 January 1970 by DAGO Number 51, dated 1971

DISCUSSION AND CONCLUSIONS:

1.  GO awarded the applicant two awards of the Bronze Star Medal, one with a "V" Device.  Only one award is shown on his DD Form 214.  Therefore, he is entitled to correction of his DD Form 214 to show both awards. 

2.  The evidence of record also shows he appears to have met the criteria for the first award of the Army Good Conduct Medal, receiving all “excellent” conduct and efficiency ratings; however, for unknown reasons he was not awarded this medal.  There is no evidence of record which shows he was disqualified by his commander for this medal.  Therefore, his DD Form 214 should be corrected to show the Army Good Conduct Medal (1st Award) for the period 6 July 1966 through 24 April 1968.

3.  The evidence of record also confirms he participated in four campaigns while serving in Vietnam.  Therefore, he is entitled to four bronze service stars to be affixed to his Vietnam Service Medal.

4.  The evidence of record also shows he was awarded the Marksman Marksmanship Qualification Badge with Machinegun Bar (M-60) and Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14).  Therefore, he is also entitled to the addition of these badges to his DD Form 214.

5.  DAGO awarded his unit the Presidential Unit Citation, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for his period of service in Vietnam.  Therefore, it would be appropriate to correct his DD Form 214 to show these unit awards.

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 the applicant the Army Good Conduct Medal (1st Award) for the period 6 July 1966 through 24 April 1968
* deleting from his DD Form 214 the Bronze Star Medal and Vietnam Service Medal

* adding to his DD Form 214 the:

* Army Good Conduct Medal (1st Award)
* Bronze Star Medal with (2nd Award) with "V" Device
* Vietnam Service Medal with four bronze service stars
* Marksman Marksmanship Qualification Badge with Machine Gun Bar (M-60)
* Sharpshooter Marksman Marksmanship Qualification Badge with Rifle Bar (M-14)
* Presidential Unit Citation
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal First Class 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)                                         AR20120012486





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ABCMR Record of Proceedings (cont)                                         AR20120012486



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