IN THE CASE OF:	  

		BOARD DATE:	  7 May 2013

		DOCKET NUMBER:  AR20120019433 


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 his award of the Bronze Star Medal be added to his DD Form 214 (Report of Transfer or Discharge).

2.  The applicant states he was awarded the Bronze Star Medal after a firefight in Vietnam.  He has the medal and award certificate that is dated after the date of his release from active duty.

3.  The applicant provides copies of his DD Form 214 and Bronze Star Medal award 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 on 23 July 1970, completed training, and was awarded military occupational specialty 11B (Light Weapons Infantryman).

3.  Headquarters, 3rd Brigade, 1st Cavalry Division General Orders Number 972, dated 28 March 1972, awarded the applicant the Bronze Star Medal for meritorious service.

4.  The applicant's DA Form 20 (Enlisted Qualification Record) provides the following at:

	a.  item 2 (Rank), separation as a sergeant (E-5);

	b.  item 38 (Record of Assignments), service in Vietnam with the 1st Battalion, 7th Calvary Regiment, 3rd Brigade, 1st Cavalry Division from 21 August 1971 through 13 March 1972;

	c.  item 38, conduct and efficiency ratings of “excellent”; and

	d.  item 41 (Awards and Decorations), award of the National Defense Service Medal, Vietnam Service Medal, Combat Infantryman Badge, Republic of Vietnam Campaign Medal with Device (1960), and the Expert Marksmanship Qualification Badge with Machinegun and Rifle Bars.

5.  His DD Form 214 provides the following:

	a.  honorable service from 23 July 1970 through 15 March 1972, 1 year, 7 months, 22 days with no time lost; and

	b.  award of the National Defense Service Medal, Vietnam Service Medal with two bronze service stars, Republic of Vietnam Campaign Medal with Device (1960), and the Combat Infantryman Badge. 

6.  The applicant's record contains no derogatory entries, disciplinary actions, nonjudicial punishment, or court-martials that would suggest he was considered not eligible for award of the Good Conduct Medal.

7.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in Vietnam.  This document shows that while the applicant was assigned to the 1st Battalion, 7th Calvary Regiment, it was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  

8.  Army Regulation 600-8-22 (Military Awards) provides the Good Conduct Medal is awarded to individuals who distinguish themselves by their conduct, efficiency and fidelity during a qualifying period of active duty enlisted service.  This period is 3 years except in those cases when the period for the first award ends with the termination of a period of Federal military service.  Although there is no automatic entitlement to the Good Conduct Medal, disqualification must be justified.  At that time, unfavorable consideration was normally noted on the DA Form 20.  A record of punishment is not automatically disqualifying.  However, at that time, a single efficiency rating of less than “excellent” was disqualifying.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant was awarded the Bronze Star Medal after he was released from active duty, as such it was not included on his DD Form 214.  It is appropriate to correct his DD Form 214 to include this award.

2.  The applicant distinguished himself by his conduct, efficiency and fidelity as evidenced by his combat service, his conduct and efficiency ratings, his personal decorations, and his promotion to E-5.  The record contains no indication of any disqualifying incidents or recommendations.  It is appropriate to award the applicant the Good Conduct Medal for his period of service from 23 July 1970 through 15 March 1972 and add it to his DD Form 214.

3.  The applicant was also authorized award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation and Expert Marksmanship Qualification Badge with Machinegun and Rifle Bars.  These awards were not included on his DD Form 214.  It is appropriate to correct his DD Form 214 to include these awards.

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 the applicant the Good Conduct Medal (1st Award) for his period of service from 23 July 1970 through 15 March 1972; and 

	b.  correcting his DD Form 214 to add the:

* Bronze Star Medal
* Good Conduct Medal (1st Award)
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Expert Marksmanship Qualification Badge with Machinegun and Rifle Bars



      _______ _   _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)                                         AR20120019433





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ABCMR Record of Proceedings (cont)                                         AR20120019433



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