BOARD DATE:	  30 May 2013

		DOCKET NUMBER:  AR20120020477 


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 award of the Bronze Star Medal (BSM) and the Ranger Tab.

2.  He states he believes the awards were accidentally omitted.

3.  He provides a BSM Certificate and a letter from his commander, dated 9 February 1968.

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 27 August 1965.  He served in the Republic of Vietnam (RVN) from 6 June 1966 to 1 June 1967 and was assigned to Company C, 4th Battalion (Airborne), 503d Infantry Regiment.  He was honorably released from active duty on 26 August 1968 and credited with completing 3 years of total active service.

3.  His DD Form 214 shows he was awarded or authorized the:

* National Defense Service Medal
* Expert Marksmanship Qualification Badge with Rifle Bar (M-14)
* Parachutist Badge
* Vietnam Service Medal (VSM) with two bronze service stars
* Combat Infantryman Badge (1st Award)
* one overseas service bar
* RVN Campaign Medal with Device (1960)
* Expert Marksmanship Qualification Badge with Machine Gun Bar (M-60)

4.  Headquarters, 173d Airborne Brigade, General Orders Number 969, dated 17 June 1967, contained in his records confirm he was awarded the BSM with "V" Device for heroism in connection with military operations against a hostile force on 8 April 1967.

5.  His record is void of any evidence or orders that show he was awarded or entitled to award of the Ranger Tab.  Additionally, there is no evidence to show he attended and/or successfully completed a ranger course.

6.  There is no record of indiscipline or a commander's disqualification statement that would have precluded the applicant from being recommended for and awarded the first award of the Army Good Conduct Medal (AGCM).  Additionally, his DA Form 20 shows he received all "excellent" conduct and efficiency ratings throughout his service.

7.  The applicant provided a letter, dated 9 February 1968, from the Commander, Ranger Training Command, U.S. Army Infantry School, Fort Benning, GA, in recognition of his birthday.

8.  Army Regulation 672-5-1 (Military Awards), in effect at the time, stated the AGCM was awarded to individuals who completed a qualified period of active duty enlisted service.  This period was 3 years except in those cases when the period for the first award ended with the termination of a period of Federal military service.  The enlisted person must have had all "excellent" conduct and efficiency ratings and no convictions by a court-martial.

9.  Army Regulation 600-8-22 (Military Awards) states the Ranger Tab is awarded for successful completion of a ranger course conducted by the U.S. Army Infantry School or the Ranger Training Command.

10.  Appendix B of Army Regulation 600-8-22 states a bronze service star is awarded for wear on the VSM for participation in each campaign.  His records indicate he participated in the following campaigns:

* Vietnam Counteroffensive (25 December 1965-30 June 1966)
* Vietnam Counteroffensive Phase II (1 July 1966-31 May 1967)
* Vietnam Counteroffensive Phase III (1 June 1967-29 January 1968)

11.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units that served in the Vietnam War.  This pamphlet shows the 4th Battalion, 503d Infantry Regiment, was cited for award of the Meritorious Unit Commendation in Department of the Army General Orders (DAGO) Number 42, dated 1969, and the RVN Gallantry Cross with Palm Unit Citation in DAGO Number 51, dated 1971.

12.  Army Regulation 670-1 (Wear and Appearance of Army Uniforms and Insignia) prescribes Department of the Army policy for proper wear and appearance of Army uniforms and insignia.  One overseas service bar is authorized for each 6-month period of active Federal service as a member of a U.S. Service in Vietnam from 1 July 1958 to 28 March 1973.  The months of arrival to and departure from Vietnam are counted as whole months for credit toward the overseas service bar.

DISCUSSION AND CONCLUSIONS:

1.  General orders verify he was awarded the BSM with "V" Device for service in the RVN.  Therefore, he is entitled to correction of his DD Form 214 to show this award.

2.  There is no evidence of record and he has not provided evidence to show he successfully completed ranger training and was awarded the Ranger Tab.  In the absence of orders documenting award of the Ranger Tab, there is an insufficient basis to correct his DD Form 214 to show this award.

3.  The evidence of record shows no disciplinary actions or a commander's disqualification for award of the AGCM.  The evidence shows he received all "excellent" conduct and efficiency ratings throughout his service.  Therefore, it would be appropriate to award him the first award of the AGCM for the period 27 August 1965 to 26 August 1968 and to correct his DD Form 214 to show this award.

4.  The evidence of record shows he served in the RVN from 6 June 1966 to 1 June 1967 and he is authorized two overseas service bars.  Therefore, his records should be corrected to show these service bars.

5.  The evidence of record also shows he participated in three campaigns during his service in the RVN.  Therefore, he is entitled to correction of his records to show three bronze service stars for wear on his already-awarded VSM.

6.  The evidence of record further shows he is authorized award of the Meritorious Unit Commendation and the RVN Gallantry Cross with Palm Unit Citation.  Therefore, his records should be corrected to show these unit awards.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___x_____  __x______  _x____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined the evidence presented is 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.  awarding him the AGCM (1st Award) for the period 27 August 1965 through 26 August 1968;

	b.  deleting award of the VSM with two bronze service stars and one overseas service bar from his DD Form 214; and

	c.  adding the following awards to his DD Form 214:

* BSM with "V" Device
* AGCM (1st Award)
* VSM with three bronze service stars
* Meritorious Unit Commendation
* RVN Gallantry Cross with Palm Unit Citation
* two overseas service bars

2.  The Board further determined 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 the Ranger Tab.



      __________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)                                         AR20120020477



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ABCMR Record of Proceedings (cont)                                         AR20120020477



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