BOARD DATE:	  23 April 2013

		DOCKET NUMBER:  AR20120017873 


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 the Bronze Star Medal with "V" Device, for a total of three Bronze Star Medals.

2.  The applicant states his DD Form 214 does not accurately reflect his awards.

3.  The applicant provides no documentary evidence in support of his request. 

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 enlisted in the Regular Army on 28 February 1968 for a period of 3 years.  He was initially trained in and awarded military occupational specialty (MOS) 11B (light weapons infantryman) and later awarded MOS 11F (infantry operations and intelligence specialist).  He was promoted to specialist five (SP5)/E-5 on 2 December 1969, and this is the highest rank/grade he attained while serving on active duty.

3.  The applicant's DA Form 20 (Enlisted Qualification Record) shows he served in Vietnam from 18 July 1969 to 17 July 1970.  It further shows in:

	a.  Item 38 (Record of Assignments) that during his Vietnam service, he was assigned to Company C (Ranger), 75th Infantry Regiment, performing duties in MOS 11B as a senior scout observer and assistant team leader.

	b.  Item 38, he received all "excellent" conduct and efficiency ratings throughout his service.

	c.  Item 41 (Awards and Decorations), among other awards, the:

* Bronze Star Medal with "V" Device
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16)

4.  The applicant's military personnel record is void of any disciplinary actions or a commander's disqualification that would have precluded him from being recommended for or awarded the first award of the AGCM.

5.  The applicant's military personnel record contains the following general orders issued by Headquarters, 173rd Airborne Brigade:

	a.  General Order Number 2481, dated 18 October 1969, awarding him the Bronze Star Medal with "V" Device for heroism in Vietnam on 15 September 1969;

	b.  General Order Number 1328, dated 5 June 1970, awarding him the Bronze Star Medal (1st oak leaf cluster (indicating 2nd award)) for meritorious service in Vietnam for the period July “1960” to May 1970;

	c.  General Order Number 1547, dated 21 June 1970, awarding him the Army Commendation Medal for meritorious achievement in Vietnam for the period
31 July 1969 to 1 May 1970.


6.  On 26 February 1971, the applicant was honorably released from active duty at the expiration of his term of service.  He completed 2 years, 11 months, and 29 days of total active service.  The DD Form 214 he was issued at the time shows he was awarded the:

* National Defense Service Medal
* Vietnam Service Medal
* Bronze Star Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* Parachutist Badge
* Air Medal
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Bronze Star Medal (1st oak leaf cluster)

7.  Army Regulation 600-8-22 (Military Awards) contains the Army's awards policy.  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 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 - 30 June 1970)
* Vietnam Counteroffensive Phase VII (1 July 1970 - 30 June 1971)

8.  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 unit to which the applicant was assigned was cited for award of the:

* Valorous Unit Award for the period 23 July 1969 through 28 February 1970 by Department of the Army General Order (DAGO) Number 11, dated 1973
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 15 April 1969 through 16 March 1971 by DAGO Number 5, dated 1973.

9.  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.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request for correction of his DD Form 214 to show he earned the Bronze Star Medal with "V" Device, for a total of three awards of the BSM, has been carefully considered and found to have partial merit.

2.  The evidence of record confirms the applicant was awarded the Bronze Star Medal with "V" Device for heroism in Vietnam on 15 September 1969.  He was also awarded the Bronze Star Medal (1st oak leaf cluster) for meritorious service for the period July “1960” (i.e., 1969) to May 1970, almost the entire length of his Vietnam service.  As a result, it appears he was only awarded two awards of the Bronze Star Medal, of which one was awarded with the "V" device for heroism.  Therefore, his DD Form 214 should be corrected to show the Bronze Star Medal (2nd Award) and with "V" Device.

3.  General orders awarded the applicant the Army Commendation Medal for meritorious achievement in Vietnam for the period 31 July 1969 to 1 May 1970.  Therefore, his DD Form 214 should be corrected to show this award.

4.  The evidence of record confirms the applicant received all "excellent" conduct and efficiency ratings throughout his service.  His record is void of any disciplinary actions or a commander's disqualification that would have precluded him from being awarded the first award of the AGCM.  Therefore, it would be appropriate at this time to award him the Army Good Conduct Medal (1st Award) for the period 28 February 1968 through 26 February 1971 and to correct his
DD Form 214 to show this award.

5.  The applicant participated in four campaigns during his service in Vietnam that entitles him to four 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.

6.  His unit in Vietnam was cited for award of the Valorous Unit Award and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation during his period of assignment.  Therefore, his DD Form 214 should be corrected to show these unit awards.


7.  His record further shows he qualified sharpshooter with the M-14 and M-16 rifles.  Therefore, his DD Form 214 should be corrected to show these marksmanship badges.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

__x__  ____x____  ___x_____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant a recommendation for partial 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 Bronze Star Medal, Bronze Star Medal (1st oak leaf cluster), and the Vietnam Service Medal;

	b.  awarding him the Army Good Conduct Medal (1st Award) for the period
28 February 1968 through 26 February 1971; and

	c.  adding to his DD Form 214 the:

* Bronze Star Medal (2nd Award) and with "V" Device
* Army Commendation Medal
* Army Good Conduct Medal (1st Award)
* Vietnam Service Medal with 4 bronze service stars
* Valorous Unit Award
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14 and M-16)






2.  The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to adding a third award of the Bronze Star Medal to his DD Form 214.



      ________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)                                         AR20120017873



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ABCMR Record of Proceedings (cont)                                         AR20120017873



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