IN THE CASE OF:
BOARD DATE: 20 June 2013
DOCKET NUMBER: AR20120021789
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).
2. He states he believes the absence of the BSM was an oversight.
3. He provides the following:
* Self-authored statement
* DD Form 214
* BSM certificate with orders and 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 enlisted in the Regular Army on 3 January 1968. He served in the Republic of Vietnam (RVN) from 15 March 1969 to 11 March 1970 and was assigned to Troop B, 3rd Squadron, 5th Cavalry Regiment, 9th Infantry Division. He was honorably released from active duty on 18 December 1970 and credited with completing 2 years, 11 months, and 16 days of total active service.
3. His DD Form 214 shows the following:
* National Defense Service Medal
* Vietnam Service Medal (VSM)
* RVN Campaign Medal with Device (1960)
* Army Commendation Medal
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar
* Expert Marksmanship Qualification Badge with Pistol Bar
4. He provides a BSM certificate, dated 1 March 1970, and a citation that show he was awarded the BSM for meritorious achievement in ground operations against hostile forces in the RVN from March 1969 to March 1970. Additionally, General Orders Number 257, dated 5 March 1970, confirm his award of the BSM.
5. 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 (Enlisted Qualification Record) shows he received all "excellent" conduct and efficiency ratings throughout his service.
6. 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.
7. Appendix B of Army Regulation 600-8-22 (Military Awards) 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:
* Tet 69/Counteroffensive (23 February 1969 - 8 June 1969)
* Vietnam Summer - Fall 1969 (9 June 1969 - 31 October 1969)
* Vietnam Winter - Spring 1970 (1 November 1969 - 30 April 1970)
8. 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 Troop B, 3rd Squadron, 5th Calvary Regiment was cited for the Valorous Unit Award by Department of the Army General Orders (DAGO) Number 28, dated 1969. It also shows that during the period the applicant was assigned, the 3rd Squadron, 5th Calvary Regiment was awarded the Presidential Unit Citation by DAGO Number 9, dated 1979, amended by DAGO 16, dated 1972 and the RVN Gallantry Cross with Palm Unit Citation by DAGO Number 42, dated 1972.
DISCUSSION AND CONCLUSIONS:
1. General orders verify he was awarded the BSM for service in Vietnam. Therefore, he is entitled to correction of his DD Form 214 to show this award.
2. The evidence of record shows no evidence of any disciplinary actions or a commander's disqualification for award of the AGCM. 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 3 January 1968 through 18 December 1970 and to correct his
DD Form 214 to show this award.
3. The evidence of record shows he is entitled to wear the Valorous Unit Award, Presidential Unit Citation, and the RVN Gallantry Cross with Palm Unit Citation. Therefore, his records should be corrected to show these unit awards.
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 VSM;
b. awarding him the AGCM (1st Award) for the period 3 January 1968 through 18 December 1970; and
c. adding to his DD Form 214 the:
* BSM
* AGCM (1st Award)
* VSM with three bronze service stars
* Valorous Unit Award
* Presidential Unit Citation
* RVN Gallantry Cross with Palm Unit Citation
_______ _ 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) AR20120021789
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ABCMR Record of Proceedings (cont) AR20120021789
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