IN THE CASE OF:	  

		BOARD DATE:  22 August 2013

		DOCKET NUMBER:  AR20130000119 


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 Unites States Report of Transfer or Discharge) to add the Bronze Star Medal with "'V" Device, Soldier's Medal, and the Army Commendation Medal (2nd Award).

2.  The applicant states these medals were awarded but not included on his 
DD Form 214.

3.  The applicant provides:

* General Orders (GO) Number 15409, dated 18 December 1969
* Certificate for Award of the Army Commendation Medal (2nd Award)
* GO Number 747, dated 23 January 1970

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 was inducted into the Army of the United States on 13 May 1969 and held military occupational specialty (MOS) 11D (Armor Reconnaissance Specialist).  The highest rank/grade he attained while serving on active duty was sergeant/E-5.

3.  His DA Form 20 (Enlisted Qualification Record) shows he was assigned to Vietnam from 11 October 1969 to 12 November 1970 and served with Headquarters and Headquarters Company, 2nd Battalion, 34th Armor Regiment, 25th Infantry Division from 20 October 1969 to 12 November 1970.  

4.  Special Orders (SO) Number 181, issued by Headquarters, U.S. Army Training Center, Infantry and Fort Lewis, Fort Lewis, WA, on 30 June 1969, awarded him the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14).

5.  SO Number 261, issued by Headquarters, U.S. Army Training Center, Armor, Fort Knox, KY, on 18 September 1969, awarded him the Marksman Marksmanship Qualification Badge with Rifle Bar (M-16).

6.  GO Number 15409, issued by Headquarters, 25th Infantry Division, on 
18 December 1969, awarded him the Bronze Star Medal with "V" Device for heroism.  

7.  GO Number 747, issued by Headquarters, 25th Infantry Division, on 
23 January 1970, awarded him the Soldier's Medal.

8.  GO Number 3344, issued by Headquarters, 25th Infantry Division, on 
31 March 1970, awarded him the Army Commendation Medal.

9.  GO Number 9146, issued by Headquarters, 25th Infantry Division, on 
23 August 1970, awarded him the Army Commendation Medal (2nd Award).

10.  He was honorably released from active duty on 14 November 1970 after completing 1 year, 6 months, and 2 days of net active service, of which 1 year, 1 month, and 3 days was credited as foreign service.  His DD Form 214 shows he was awarded or authorized the:

* National Defense Service Medal
* Bronze Star Medal
* Army Commendation Medal
* Vietnam Service Medal
* Vietnam Campaign Medal

11.  Army Regulation 600-8-22 (Military Awards) contains the regulatory guidance on the Vietnam Service Medal.  It states that a bronze service star is authorized with this award for each Vietnam campaign a member is credited with participating in.  Appendix B shows during his service in Vietnam, the applicant participated in the following four campaigns:

* Vietnam Counteroffensive, Phase III (1 June 1967 - 29 January 1968)
* TET Counteroffensive (30 January 1968 - 1 April 1968)
* Vietnam Counteroffensive, Phase IV (2 April 1968 - 30 June 1968)
* Vietnam Counteroffensive, Phase V (1 July 1968 - 1 November 1968)

12.  Department of the Army (DA) Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register), paragraph 6d states that DAGO Number 8, dated 1974, announced award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to Headquarters, U.S. Army Vietnam, and its subordinate units, during the period 20 July 1965 to 28 March 1973.  This pamphlet shows Headquarters and Headquarters Company, 2nd Battalion, 34th Armor Regiment, 25th Infantry Division was cited for award of the:

* Valorous Unit Award for the period 1 May 1970 to 29 June 1970 by DAGO Number 43, dated 1972
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 19 September 1967 to 21 January 1970 by DAGO Number 51, dated 1971

13.  A review of his service record shows no derogatory information in the form of lost time, nonjudicial punishment, or suspension of favorable personnel actions that would disqualify him for the first award of the Army Good Conduct Medal during the period 13 May 1969 through 14 November 1970.  He received "excellent" ratings for his conduct and efficiency.  There are also no entries in his record to indicate that his commanders denied him award of the Army Good Conduct Medal during this period of service.  

14.  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 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.  

DISCUSSION AND CONCLUSIONS:

1.  GO awarded him the Bronze Star Medal with "V" Device, the Soldier's Medal, and the Army Commendation Medal (2nd Award).  Therefore, he is entitled to correction of his DD Form 214 to add these awards.

2.  SO awarded the applicant the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14) and the Marksmanship Qualification Badge with Rifle Bar (M-16).  Therefore, he is entitled to correction of his DD Form 214 to add these badges.

3.  The evidence of record shows he participated in four campaigns while serving in Vietnam.  Therefore, he is entitled to correction of his DD Form 214 to show four bronze service stars affixed to his previously-awarded Vietnam Service Medal.

4.  GO awarded his unit in Vietnam the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Valorous Unit Award, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation; therefore, he is entitled to correction of his DD Form 214 to add these unit awards.

5.  The applicant served honorably during the period 13 May 1969 through 
14 November 1970.  His records do not contain any derogatory information in the form of lost time, nonjudicial punishment, or suspension of favorable personnel actions that would disqualify him for the first award of the Army Good Conduct Medal.  Additionally, there are no entries in his record to indicate that his commander denied him this award and he received “excellent” conduct and efficiency ratings. It appears he met the criteria for this award.  Therefore, he is entitled to award of the Army Good Conduct Medal and correction of his DD Form 214 to add this award.  

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 the period 
13 May 1969 through 14 November 1970 
* deleting from his DD Form 214 the:

* Bronze Star Medal
* Army Commendation Medal
* Vietnam Service Medal

* adding the following awards to his DD Form 214:

* Bronze Star Medal with "V" Device
* Soldier's Medal 
* Army Commendation Medal (2nd Award)
* Army Good Conduct Medal (1st Award)
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Valorous Unit Award
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation
* Vietnam Service Medal with four bronze service stars
* 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)                                         AR20130000119





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ABCMR Record of Proceedings (cont)                                         AR20130000119



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