IN THE CASE OF:	

		BOARD DATE:	  11 June 2013

		DOCKET NUMBER:  AR20120020326 


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 correct date of birth (DOB)
* two awards of the Bronze Star Medal (BSM)

2.  The applicant states:

* his correct DOB is shown on his DD Form 47 (Record of Induction)
* he is entitled to an oak leaf cluster on his BSM

3.  The applicant provides:

* DD Form 214
* DD Form 47
* front page of General Orders Number 10038, issued by Headquarters, 25th Infantry Division, dated 2 August 1969, and accompanying BSM certificate, dated 2 August 1969, and citation
* BSM with first oak leaf cluster certificate, dated 24 November 1969


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 to the Army of the United States on 29 May 1968.  He completed training and he was awarded military occupational specialty 11B (light weapons infantryman).  He arrived in Vietnam on 24 October 1968.

3.  His record contains a DD Form 47, as also provided by the applicant, that shows in item 5 (DOB) the entry "9 Mar 47."

4.  His record contains a DA Form 20 (Enlisted Qualification Record) that shows in:

* item 29 (Qualification in Arms) he qualified expert with the M-16 rifle and sharpshooter with the M-14 rifle
* item 38 (Record of Assignment) he served in Vietnam with:

* Company C, 2nd Battalion, 14th Infantry from 2 November 1968 through 7 July 1969
* Headquarters and Headquarters Company (HHC), 2nd Battalion,
14th Infantry from 8 July 1969 through 12 September 1969
* Company A, 2nd Battalion, 14th Infantry from 13 September 1969 through 4 November 1969
* HHC, 2nd Battalion, 14th Infantry from 5 November 1969 to
27 December 1969

* item 38 he received all "excellent" conduct and efficient ratings throughout his service, except for an "unknown" rating from 8 July through 
12 September 1969


5.  On 29 December 1969, he was honorably released from active duty as an overseas returnee in the rank/grade of sergeant (SGT)/E-5 and he was transferred to the U.S. Army Reserve (USAR) Control Group (Annual Training) to complete his remaining service obligation.  He completed 1 year, 7 months, and 1 day of total active service with no time lost.

6.  The DD Form 214 he was issued at the time shows in:

* item 9 (DOB) the entry "9 Mar 46"
* item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) the:

* Bronze Star Medal 
* National Defense Service Medal
* Army Commendation Medal
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* Combat Infantryman Badge

7.  General Orders Number 10038, dated 2 August 1969, awarded the applicant the Bronze Star Medal for meritorious service in Vietnam during the period 1968 to 1969.

8.  General Orders Number 14608, issued by Headquarters, 25th Infantry Division, dated 24 November 1969, awarded the applicant the Bronze Star Medal (first oak leaf cluster) for meritorious achievement in Vietnam during the period
1 July 1969 to 30 August 1969.

9.  There is no evidence the applicant received the first award of the Army Good Conduct Medal.  There is no evidence of any disciplinary actions or a commander's disqualification that would have precluded him from being recommended for or awarded the Army Good Conduct Medal.

10.  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.  Ratings of "unknown" for portions of the period under consideration were not disqualifying.  There must have been no convictions by a court-martial. 


11.  Army Regulation 600-8-22 (Military Awards), 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.  A silver service star will be worn in lieu of five bronze service stars.  Appendix B shows that during his service in Vietnam, the applicant participated in the following five campaigns:

* Vietnam Counteroffensive Phase V (1 July - 1 November 1968)
* Vietnam Counteroffensive Phase VI (2 November 1968 - 22 February 1969)
* Tet 69 Counteroffensive, 1969 (23 February - 8 June 1969)
* Vietnam Summer - Fall 1969 (9 June - 31 October 1969)
* Vietnam Winter - Spring 1970 (1 November 1969 - 30 April 1970)

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 the 2nd Battalion, 14th Infantry, was cited for award of the:

* Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 1 September 1968 through 30 September 1970 by Department of the Army General Order (DAGO) Number 5, dated 1973
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 20 April 1968 through 21 January 1970 by DAGO Number 51, dated 1971

13.  Army Regulation 600-8-22 sets forth requirements for award of basic marksmanship qualification badges.  The qualification badge is awarded to indicate the degree – Expert, Sharpshooter, and Marksman -- in which an individual has qualified in a prescribed record course.  An appropriate bar is furnished to denote each weapon with which the individual has qualified.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends he was born on 9 March 1947 and his DD Form 47 supports this contention.  Therefore, his DD Form 214 should be corrected to show his DOB as shown on his DD Form 47.

2.  The applicant's DD Form 214 shows one award of the BSM; however, general orders awarded him two BSM's, one for meritorious service and the other for meritorious achievement.  Therefore, his DD Form 214 should be corrected to show two awards of the BSM.


3.  He was honorably released from active duty in the rank/grade of SGT/E-5 with 19 months of total active service and no time lost.  He received all "excellent" conduct and efficiency ratings throughout his service, except for a short non-disqualifying period of "unknown."  There is also no evidence of any disciplinary actions or a commander's disqualification that would have precluded him from being recommended for or awarded the Army Good Conduct Medal.  As such, it appears he was not awarded the first award of the Army Good Conduct Medal as a result of an administrative error.  Therefore, it would be appropriate at this time to award him the Army Good Conduct Medal (1st Award) for the period 29 May 1968 through 29 December 1969 and to correct his DD Form 214 to show this award.

4.  He participated in five campaigns during his assignment in Vietnam that entitles him to one silver service star for wear on his already-awarded Vietnam Service Medal.  Therefore, his DD Form 214 should be corrected to show this award.

5.  His unit in Vietnam was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation and 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.

6.  He qualified expert with the M-16 rifle and sharpshooter with the M-14 rifle.  Therefore, his DD Form 214 should be corrected to show the appropriate marksmanship qualification badges.

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 item 9 of his DD Form 214 the current entry and replacing it with the entry "9 March 1947";

	b.  deleting from item 24 of his DD Form 214 the Bronze Star Medal and the Vietnam Service Medal;

	c.  awarding him the Army Good Conduct Medal (1st Award) for the period
29 May 1968 through 29 December 1969; and
 
	d.  adding to item 24 of his DD Form 214 the:

* Bronze Star Medal (2nd Award)
* Army Good Conduct Medal (1st Award)
* Vietnam Service Medal with one silver service star
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation
* Expert Marksmanship Qualification Badge with Automatic Rifle Bar
(M-16)
* 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)                                         AR20120020326



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ABCMR Record of Proceedings (cont)                                         AR20120020326



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