IN THE CASE OF:	  

		BOARD DATE:	  20 June 2013

		DOCKET NUMBER:  AR20120021076 


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 (BSM), National Defense Service Medal (NDSM), and the Vietnam Service Medal (VSM) with one bronze service star.

2.  The applicant states he was told his combat was untrue and he did not receive the BSM because it is not on his DD Form 214.

3.  The applicant provides:

* National Personnel Records Center, St. Louis, MO letter, dated 18 April 2007
* 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 requested that the NDSM be added to his DD Form 214.  His DD Form 214 currently shows he was awarded the NDSM.  Therefore, this portion of the applicant's request will not be discussed further in these Proceedings.

3.  The applicant enlisted in the Regular Army on 5 July 1968 for a period of 
3 years.  He completed training and he was awarded military occupational specialty 43E (parachute rigger).

4.  Records show the applicant arrived in Vietnam on 10 April 1970.  He served as a parachute rigger while assigned to Company C, 173rd Support Battalion, 173rd Airborne Brigade from 16 April 1970 to 19 March 1971.  On 20 March 1971, he was honorably released from active duty in the rank/grade of specialist four (SP4)/E-4 after completing 2 years, 8 months, and 16 days of total active service with no time lost.

5.  The DD Form 214 he was issued at the time shows he was awarded or authorized the:

* NDSM
* VSM
* Republic of Vietnam Campaign Medal with Device (1960)
* one Overseas Service Bar
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)

6.  General Orders Number 557, issued by Headquarters, 173rd Airborne Brigade, dated 11 March 1971, awarded the applicant the BSM for meritorious service in Vietnam during the period April 1970 to March 1971.

7.  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.  Item 38 (Record of Assignments) of his DA Form 20 (Enlisted Qualification Record) shows he received all "excellent" conduct and efficiency ratings throughout his service.


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.  There must have been no convictions by a court-martial.

9.  Army Regulation 600-8-22, 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 three campaigns:

* 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)

10.  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 173rd Support Battalion was cited for award of the:

* Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 5 May 1965 through 26 September 1970 by Department of the Army General Order (DAGO) Number 51, dated 1971
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 15 April 1969 through 26 March 1971 by DAGO Number 5, dated 1973

11.  Army Regulation 670-1 (Uniforms and Insignia) governs the requirements for the Overseas Service Bar.  It states a bar is authorized for wear for each period of active Federal service as a member of the U.S. Army outside of the continental limits of the United States for the specific time frames and areas of operation cited in Army Regulation 670-1 or appropriate Department of the Army message.  There are special provisions regarding authorization for the Overseas Service Bar for service in a hostile fire zone and for combining service to calculate award of the bars.

12.  For Vietnam service, one overseas service bar was authorized for each period of 6 months active Federal service as a member of a U.S. Service in 


Vietnam from 1 July 1958 to 28 March 1973.  Both the month of arrival and the month of departure from Vietnam were counted as whole months for credit toward the overseas service bar.

DISCUSSION AND CONCLUSIONS:

1.  General orders awarded the applicant the BSM for service in Vietnam for the period April 1970 to March 1971.  Therefore, his DD Form 214 should be corrected to show this award.

2.  The applicant requested correction of his DD Form 214 to show the VSM with one bronze service star.  However, evidence shows he participated in three campaigns during his service in Vietnam that entitles him to three 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.

3.  He was honorably released from active duty in the rank/grade of SP4/E-4 with over 32 months of total active service and no time lost.  He received all "excellent" conduct and efficiency ratings throughout his service and there was 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.  Therefore, it would be appropriate at this time to award him the Army Good Conduct Medal (1st Award) for the period 5 July 1968 through 20 March 1971 and to correct his DD Form 214 to show this award.

4.  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.

5.  He served during a qualifying period of service for entitlement to two Overseas Service Bars.  Therefore, his DD Form 214 should be corrected accordingly.

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 his DD Form 214 the Vietnam Service Medal and the Overseas Service Bar;

	b.  awarding him the Army Good Conduct Medal (1st Award) for the period
5 July 1968 through 20 March 1971; and

	c.  adding to his DD Form 214 the:

* Bronze Star Medal
* Army Good Conduct Medal (1st Award)
* Vietnam Service Medal with three bronze service stars
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation
* two Overseas Service 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)                                         AR20120021076



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ABCMR Record of Proceedings (cont)                                         AR20120021076



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