IN THE CASE OF:	  

		BOARD DATE:	  22 January 2013

		DOCKET NUMBER:  AR20120012929 


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 add the Bronze Star Medal (BSM).

2.  The applicant states he earned the BSM in defense of his country.

3.  The applicant provides a copy of his BSM Certificate, dated 7 September 1970.

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 18 February 1969.  He successfully completed training and was awarded military occupational specialty 62C (General Vehicle Mechanic).

3.  The applicant arrived in the Republic of Vietnam (RVN) and was assigned to B Troop, 3rd Squadron, 5th Cavalry, 9th Infantry Division on 3 October 1969.    

4.  General Orders Number 1652, issued by Headquarters, 1st Infantry Brigade, 5th Infantry Division (Mechanized), dated 9 September 1970, show the applicant was awarded the BSM for meritorious service during the period October 1969 to October 1970.

5.  The applicant departed the RVN on 29 September 1970, and he was honorably released from active duty on 2 October 1970, after completing 1 year, 7 months, and 15 days of creditable active service at the rank of specialist four (SP4)/E-4 with no time lost.

6.  His DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) shows award of the:

* National Defense Service Medal
* Vietnam Service Medal 
* RVN Campaign Medal with Device (1960)
* Expert Marksmanship Qualification Badge (M-14) 

7.  There is no evidence the applicant received the first award of the Army Good Conduct Medal.  His records do not contain any adverse information and his DA Form 20 (Enlisted Qualification Record) shows his conduct and efficiency ratings as "excellent" throughout his period of service.

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; for 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.





9.  Army Regulation 600-8-22 (Awards), paragraph 2-13, contains the regulatory guidance on the Vietnam Service Medal.  It states, in pertinent part, that 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 four campaigns:

* Vietnam Summer - Fall 1969 (9 June - 31 October 1969) 
* Vietnam Winter - Spring 1970 (1 November 1969 - 30 April 1970)
* Sanctuary Counteroffensive (1 May 1970 - 30 June 1970) 
* Vietnamese Counteroffensive Phase VII (1 July 1970 - 30 June 1971) 

10.  Department of the Army General Orders Number 8, 1974, announced award of the RVN Gallantry Cross with Palm Unit Citation to Headquarters, U. S. Military Assistance Command and its subordinate units during the period 8 February 1962 to 28 March 1973 and to Headquarters, U. S. Army Vietnam and its subordinate units during the period 20 July 1965 to 28 March 1973.

DISCUSSION AND CONCLUSIONS:

1.  General Orders Number 1652, dated 9 September 1970, shows the applicant was awarded the BSM for meritorious service during the period October 1969 to October 1970.  Therefore, his DD Form 214 should be amended to show award of the BSM.

2.  The applicant was separated in the rank of SP4/E-4 with 1 year, 7 months, and 15 days of creditable active service with no time lost and conduct and efficiency ratings of "excellent" throughout his period of service.  Therefore, it appears the applicant met the eligibility criteria for award of the Army Good Conduct Medal (1st Award) for the period 18 February 1969 to 2 October 1970.

3.  All units in Vietnam were awarded the RVN Gallantry Cross with Palm Unit Citation.  His DD Form 214 should be amended to add this award.

4.  His participation in four campaigns makes him eligible for four bronze service stars to be worn on his already-awarded Vietnam Service Medal.  His DD Form 
214 should be amended to show these bronze service stars.







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.  awarding him the Army Good Conduct Medal (1st Award) for the period 
18 February 1969 to 2 October 1970; and

	b.  amending his DD Form 214 to add:

* Bronze Star Medal 
* Army Good Conduct Medal (1st Award)
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* three bronze service stars for his already-awarded Vietnam Service Medal



      _______ _   __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)                                         AR20120012929





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ABCMR Record of Proceedings (cont)                                         AR20120012929



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