IN THE CASE OF:	  

		BOARD DATE:  2 July 2013

		DOCKET NUMBER:  AR20120021763 


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 and two awards of the Army Commendation Medal.

2.  The applicant states he was awarded the Bronze Star Medal but it is not recorded on his DD Form 214.  In addition, he was awarded two awards of the Army Commendation Medal but only one is recorded on his DD Form 214.

3.  The applicant provides his DD Form 214, three orders, three certificates, and a citation.

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's records show he enlisted in the Regular Army on 11 July 1969 and he held military occupational specialty 11B (Light Weapons Infantryman).  He served in Vietnam while assigned as follows from:

* 28 April to 4 June 1970, Company H, 75th Infantry, 1st Cavalry Division
* 5 June 1970 to 13 March 1971, Company B, 1st Battalion, 8th Cavalry, 1st Cavalry Division

3.  General Orders (GO) Number 13852, dated 31 July 1970, issued by Headquarters (HQ), 1st Cavalry Division, awarded him the Bronze Star Medal with "V" Device for heroism in action on 11 July 1970.

4.  GO Number 1675, dated 26 January 1971, issued by HQ, 1st Cavalry Division, awarded him the Army Commendation Medal for meritorious service from April 1970 to January 1971.

5.  GO Number 3175, dated 18 February 1971, issued by HQ, 1st Cavalry Division, awarded him the Army Commendation Medal (1st Oak Leaf Cluster (OLC)), or 2nd Award, for meritorious achievement from 1 December 1970 to 1 February 1971.

6.  He was honorably released from active duty on 13 March 1971 in the rank/grade of sergeant (SGT)/E-5 and he was transferred to the U.S. Army Reserve.  He completed 1 year, 8 months, and 3 days of creditable active service with no lost time.

7.  The DD Form 214 he was issued shows the:

* National Defense Service Medal
* Combat Infantryman Badge
* Vietnam Service Medal 
* Army Commendation Medal (1st OLC)
* Vietnam Campaign Medal
* Purple Heart 
* Air Medal

8.  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.

9.  Item 41 (Awards and Decorations) of his DA Form 20 shows award of the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14) and Marksman Marksmanship Qualification Badge with Rifle Bar (M-16).
10.  His record is void of any derogatory information, convictions by a court-martial, or a commander's disqualification that would have precluded him from being awarded the Army Good Conduct Medal (1st Award).

11.  Army Regulation 672-5-1 (Military Awards), in effect at the time, provided that the Army Good Conduct Medal 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.

12.  Army Regulation 600-8-22 (Military Awards) states the Vietnam Service Medal is awarded to all members of the Armed Forces of the United States for qualifying service in Vietnam after 3 July 1965 through 28 March 1973.  A bronze service star is authorized with this award for each Vietnam campaign a member is credited with participating in.  A review of his records shows that during his service in Vietnam he participated in three campaigns.

13.  Department of the Army (DA) Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam.  This pamphlet shows Company H, 75th Infantry was cited for award of the:

* Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 21 February 1970 through 28 February 1971 by DAGO Number 42, dated 1972
* Valorous Unit Award for the period 1 May through 29 June 1970 by DAGO Number 43, dated 1972

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record confirms the applicant was awarded the Bronze Star Medal with "V" Device, Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14), and the Marksman Marksmanship Qualification Badge with Rifle Bar (M-16) which are not shown on his DD Form 214.  Therefore, he is entitled to correction of his DD Form 214 accordingly.

2.  He served honorably from 11 July 1969 through 13 March 1971.  He served in Vietnam, attained the rank of SGT, and he received all "excellent" conduct and 




efficiency ratings throughout his service.  His record is void of a commander's disqualification or any derogatory information that would have disqualified him from receiving the Army Good Conduct Medal (1st Award).  Therefore, it would be appropriate to award him this medal and correct his DD Form 214 to show the medal.

3.  His record confirms he participated in three campaigns during his service in Vietnam.  Therefore, he is entitled to three bronze service stars for wear on his already-awarded Vietnam Service Medal and correction of his DD Form 214 accordingly.

4.  GO awarded his unit in Vietnam the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Valorous Unit Award during the period he was assigned to the unit.  Therefore, he is entitled to correction of his DD Form 214 to show these unit awards.

5.  With respect to the correction of his DD Form 214 to show two awards of the Army Commendation Medal, his DD Form 214 already shows two awards of the Army Commendation Medal depicted as the Army Commendation Medal (1st OLC); therefore, no corrective action is required.

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:

* awarding him the Army Good Conduct Medal (1st Award) for exemplary behavior, efficiency, and fidelity during the period 11 July 1969 through 13 March 1971
* deleting from his DD Form 214 the Vietnam Service Medal
* adding to his DD Form 214 the:

* Bronze Star Medal with "V" Device
* Army Good Conduct Medal (1st Award)
* Vietnam Service Medal with three bronze service stars
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Valorous Unit Award
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-16)



      _______ _  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)                                         AR20120021763





3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20120021763



5


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1