BOARD DATE: 18 June 2013
DOCKET NUMBER: AR20120021633
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 Report of the United States Report of Transfer or Discharge) to add the "V" Device to his already-awarded Bronze Star Medal.
2. The applicant states the "V" Device was annotated on his Bronze Star Medal.
3. The applicant provides his orders and 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 enlisted in the Regular Army on 10 December 1969.
3. His DA Form 20 (Enlisted Qualification Record) shows in:
a. item 31 (Foreign Service) he served in Vietnam from 30 August 1970 to
30 August 1971;
b. item 38 (Record of Assignments) he served in Vietnam with Company C, 1st Battalion, 46th Infantry Regiment, 196th Brigade, during the period
17 September 1970 to 29 May 1971; and
c. item 38 he served in Vietnam with Headquarters and Headquarters Company, 1st Battalion, 46th Infantry Regiment, 196th Brigade, during the period
29 May 1971 to 26 August 1971.
d. item 38 he received all excellent conduct and efficiency ratings.
4. He submitted and his official military records contain General Orders Number 8334, issued by Headquarters, 23d Infantry Division, dated 25 July 1971, which show he was awarded the Bronze Star Medal with "V" Device (first oak leaf cluster) for heroism on 28 March 1971.
5. Headquarters, U.S. Army Europe and Seventh Army General Orders Number 1352, dated 25 May 1973, awarded him the Army Good Conduct Medal (1st Award) for the period 10 December 1969 to 11 December 1972.
6. On 6 December 1976, he was honorably released from active duty after completing 6 years, 11 months, and 27 days of total active service. His DD Form 214 shows he awarded the:
* National Defense Service Medal
* Good Conduct Medal
* Purple Heart with 1st oak leaf cluster
* Combat Infantryman Badge
* Bronze Star Medal with 1st oak leaf cluster
* Air Medal
* Expert Marksmanship Qualification Badge with Rifle Bar "M-16"
* Army Commendation Medal
* Vietnam Service Medal
* Marksman Marksmanship Qualification Badge with Pistol Bar "45-Caliber"
* Republic of Vietnam Campaign Medal with Device "1960"
Republic of Vietnam Gallantry Cross with Palm Device
* two overseas service bars
7. Army Regulation 672-5-1 (Awards), in effect at the time, provided that the Army Good Conduct Medal was awarded to individuals who completed a qualifying 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.
8. Army Regulation 600-8-22 (Military Awards) states a bronze service star is authorized with the Vietnam Service Medal 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 campaigns:
* Vietnam Counteroffensive, Phase VII (1 July 1970 - 30 June 1971)
* Consolidation I (1 July 1971 to 30 November 1971)
DISCUSSION AND CONCLUSIONS:
1. General orders awarded him the Bronze Star Medal with "V" Device and 1st oak leaf cluster. Therefore, his DD Form 214 should be corrected to add the "V" Device to his already-awarded Bronze Star Medal with 1st oak leaf cluster.
2. The available evidence shows he served honorably from 10 December 1969 to 6 December 1976 and he received all "excellent" conduct and efficiency ratings. There is no evidence of any derogatory information in his record that would have disqualified him for award of the Army Good Conduct Medal. His records and DD Form 214 reflect one award of the Army Good Conduct Medal; however, it would be appropriate to award the applicant the Army Good Conduct Medal (2d Award) and correct his DD Form 214 to show this award.
3. The applicant participated in two campaigns during his service in Vietnam that entitles him to two 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.
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 (2d Award) for the period 10 December 1972 to 9 December 1975;
b. deleting from his DD Form 214 the Bronze Star Medal with 1st oak leaf cluster, Vietnam Service Medal, and Army Good Conduct Medal; and
c. adding to his DD Form 214 the Bronze Star Medal with "V" Device (2d award), Good Conduct Medal (2d Award), and Vietnam Service Medal with two bronze service stars.
_________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) AR20120021633
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ABCMR Record of Proceedings (cont) AR20120021633
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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