IN THE CASE OF:	  

		BOARD DATE:	    6 August 2013

		DOCKET NUMBER:  AR20130000367 


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 his award of the Bronze Star Medal (BSM).

2.  The applicant states his award of the BSM was omitted from his DD Form 214 at the time of his release from active duty (REFRAD).

3.  The applicant provides:

* his DD Form 214
* General Orders Number 1048, issued by Headquarters, 3rd Brigade,
1st Cavalry Division, dated 29 June 1971

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 in Los Angeles, CA on 10 February 1970.  He completed his one-station unit training as a wheel vehicle repairman at Fort Ord, CA and he was transferred to Vietnam on 14 July 1970 for assignment to the 229th Aviation Battalion.

3.  General Orders Number 1048, dated 29 June 1971, awarded the applicant the BSM for meritorious service in Vietnam for the period September 1970 to August 1971.

4.  The applicant departed Vietnam on 13 September 1971 and he was transferred to Oakland Army Base, CA where he was honorably REFRAD as an overseas returnee.  He served 1 year, 7 months, and 4 days of total active service.  The DD Form 214 he was issued at the time of his REFRAD shows he was awarded the:

* National Defense Service Medal
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal with two stars
* Army Commendation Medal

5.  A review of the applicant's record shows he received all "excellent" conduct and efficiency ratings throughout his entire period of service.  There is no evidence of any derogatory information or a commander's disqualification that would have precluded him from being recommended for or awarded the first award of the Army Good Conduct Medal (AGCM).

6.  Army Regulation 672-5-1 (Awards), in effect at the time, stated the AGCM 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.

7.  Army Regulation 600-8-22 (Military Awards) provides Department of the Army policy, criteria, and administrative instructions concerning individual military decorations, service medals and ribbons, unit decorations, and similar devices awarded in recognition of accomplishments.  It states:


	a.  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 two campaigns:

* Vietnam Counteroffensive Phase VII (1 July 1970 - 30 June 1971)
* Consolidation I (1 July - 30 November 1971)

	b.  The Republic of Vietnam Campaign Medal with Device (1960) was awarded by the Government of Vietnam to all members of the Armed Forces of the United States for qualifying service in Vietnam during the period 1 March 1961 through 28 March 1973.  Qualifying service included assignment in Vietnam for 6 months or more.

8.  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 229th Aviation Battalion was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 17 September 1965 through June 1972 by Department of the Army General Order Number 54, dated 1974.

DISCUSSION AND CONCLUSIONS:

1.  General orders awarded him the BSM for meritorious service in Vietnam.  Therefore, his DD Form 214 should be corrected to show this award.

2.  The evidence of record shows the applicant received all "excellent" conduct and efficiency ratings through his service, his record does not contain any derogatory information, and there is no evidence of a commander's disqualification that would have precluded him from being recommended for or awarded the AGCM (1st Award).  Accordingly, his DD Form 214 should be corrected 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.

4.  The applicant's DD Form 214 shows he was awarded the "Vietnam Campaign Medal with two stars"; however, campaign stars are authorized for wear on this 


award.  Therefore, his DD Form 214 should be corrected to properly show this award as the Republic of Vietnam Campaign Medal with Device (1960).

5.  The applicant's unit in Vietnam was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation during his period of assignment.  Therefore, his DD Form 214 should be corrected to show this unit award.

BOARD VOTE:

____X___  ___X____  ___X____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1. 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:

* deleting from his DD Form 214 the:

* Vietnam Service Medal
* Vietnam Campaign Medal with two stars

* awarding him the Army Good Conduct Medal (1st award) for the period
10 February 1970 through 13 September 1971

* adding to his DD Form 214 the:

* Bronze Star Medal
* Army Good Conduct Medal (1st Award)
* Vietnam Service Medal with two bronze service stars
* Republic of Vietnam Campaign Medal with Device (1960)
* Republic of Vietnam Gallantry Cross with Palm Unit Citation


2.  The Board wants the applicant and all others to know that the sacrifices he made in service to the United States during the Vietnam War are deeply appreciated.  The applicant and all Americans should be justifiably proud of his service in arms.



      _______ _  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)                                         AR20130000367



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ABCMR Record of Proceedings (cont)                                         AR20130000367



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