IN THE CASE OF:	 
 
		BOARD DATE:	  4 June 2013

		DOCKET NUMBER:  AR20120020428 


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, in effect, correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show award of the Bronze Star Medal (2nd Award) with "V" Device and Army Commendation Medal.

2.  The applicant states he would like his awards added to his DD Form 214.

3.  The applicant provides award orders and his DD Form 214.

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 14 June 1966 following inactive service in the U.S. Army Reserve.

3.  His DA Form 20 (Enlisted Qualification Record) shows in:

	a.  item 38 (Record of Assignments) that he served in Vietnam with Battery B, 2nd Battalion (Airborne), 320th Field Artillery, 1st Brigade, 101st Airborne Division, during the period 25 October 1967 to 4 September 1968;

	b.  item 38 that he received "excellent" ratings for conduct and efficiency for the majority of his assignments; and

	c.  item 38 that he received "unknown" rating for two assignments.

4.  He submitted and his official military records contain the following orders issued by Headquarters, 101st Airborne Division:

	a.  General Order Number 11418, dated 4 September 1968, showing he was awarded the Army Commendation Medal for meritorious achievement from 1 March 1968 to 31 July 1968.

	b.  General Order Number 8076, dated 23 October 1968, showing he was awarded the Bronze Star Medal for meritorious service from 21 October 1967 to 20 October 1968; and

	c.  General Order Number 5307, dated 31 December 1968, showing he was awarded the Bronze Star Medal with "V" Device for heroism on 9 March 1968.

5.  On 13 June 1969, he was released from active duty after completing 3 years of net service during this period.  His DD Form 214 shows he was awarded or authorized the Vietnam Service Medal, National Defense Service Medal, Parachutist Badge, and Republic of Vietnam Campaign Medal with Device (1960).

6.  There is no evidence of any derogatory information that would have disqualified him from award of the Army Good Conduct Medal.

7.  A review of his military records indicates he is entitled to additional awards and decorations that are not shown on his DD Form 214.

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 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.  Ratings of "unknown" for portions of the period under consideration were not disqualifying.

9.  Army Regulation 600-8-22 (Military Awards) contains the regulatory guidance for 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, participation credit was awarded for the following four campaigns:

* Vietnam Counteroffensive Phase III (1 June 1967-29 January 1968)
* Tet Counteroffensive (30 January-1 April 1968)
* Vietnam Counteroffensive Phase IV (2 April-30 June 1968)
* Vietnam Counteroffensive Phase V (1 July-1 November 1968)

10.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows the 2nd Battalion, 320th Field Artillery Regiment, was cited for award of the:

	a.  Republic of Vietnam Gallantry Cross with Palm Unit Citation for action during the period 19 July 1968 to 14 May 1969 in Department of the Army General Orders Number 51, dated 1971; and

	b.  Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation during the period 18 March 1968 to 2 May 1970 in Department of the Army General Orders Number 48, dated 1971.

DISCUSSION AND CONCLUSIONS:

1.  General orders show the applicant was awarded the Bronze Star Medal (2nd Award) with "V" Device and Army Commendation Medal.  Therefore, he is entitled to correction of his DD Form 214 to show these awards.

2.  The available evidence confirms the applicant served in the Regular Army from 14 June 1966 to 13 June 1969.  His records show he received "excellent" or "unknown" conduct and efficiency ratings throughout his service.  There is no evidence of any derogatory information that would have disqualified him from award of the Army Good Conduct Medal.  Therefore, it would be appropriate to award him the Army Good Conduct Medal (1st Award) for the period 14 June 1966 through 13 June 1969 and correct his DD Form 214 to show this medal.

3.  General orders awarded his unit the Republic of Vietnam Gallantry Cross with Palm Unit Citation and Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.   Therefore, he is entitled to correction of his DD Form 214 to show these unit awards.

4.  Records show the applicant participated in four campaigns while serving in Vietnam.  Therefore, he is authorized to wear four bronze service stars on his already-awarded Vietnam Service Medal and correction of his DD Form 214 to show these service stars.

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:

	a.  awarding him the Army Good Conduct Medal (1st Award) for the period 14 June 1966 to 13 June 1969;

	b.  deleting award of the Vietnam Service Medal from his DD Form 214; and

	c.  adding award of the Bronze Star Medal (2nd Award) with "V" Device, Army Commendation Medal, Army Good Conduct Medal (1st Award), Vietnam Service with four bronze service stars, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation 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)                                         AR20120020428



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ABCMR Record of Proceedings (cont)                                         AR20120020428



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