IN THE CASE OF:	

		BOARD DATE:	  6 August 2013  

		DOCKET NUMBER:  AR20130000542 


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 in:

* Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) - the Army Commendation Medal (2nd Award) and Bronze Star Medal
* Item 30 (Remarks) - the entry "GED" (General Education Development)

2.  The applicant states he was awarded the Army Commendation Medal for the periods from 20 to 31 December 1969 and from 1 January to 30 April 1970.  He was awarded the Bronze Star Medal on 7 September 1970.  He served 11 months and 23 days in South Vietnam.  His GED is not shown on his DD Form 214.  The error was noticed when he applied for service-connected benefits from the Department of Veterans Affairs (VA).

3.  The applicant provides:

* GED certificate
* two Army Commendation Medal certificates and citations
* Bronze Star Medal certificate
* DD Form 214




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 2 April 1969.  He completed training and was awarded military occupational specialty 63B (Wheel Vehicle Mechanic).  

3.  The applicant provides a copy of a GED certificate which shows he was issued a GED in April 1969.

4.  He served in Vietnam from 22 October 1969 through 14 October 1970, during four campaigns.  He was assigned to:

* 23rd Administration Company from 26 October to 6 November 1969
* Headquarters and Headquarters Company, 4th Battalion, 21st Infantry, 11th Infantry Brigade, from 7 November 1969 to 11 October 1970

5.  His record contains the following General Orders (GOs) issued by Headquarters, Americal Division:

* GO Number 1201, dated 3 February 1970, awarding him the Army Commendation Medal for meritorious achievement in Vietnam from 20 to 31 December 1969; he provides a copy of the resulting citation and certificate
* GO Number 6531, dated 30 June 1970, awarding him the Army Commendation Medal (2nd Award) for meritorious achievement in Vietnam from 1 January 1970 to 30 April 1970; he provides a copy of the resulting citation and certificate

6.  He also provides a copy of a Bronze Star Medal certificate, dated 7 September 1970, for meritorious achievement in ground operations against hostile forces in Vietnam from October 1969 through October 1970.
7.  On 24 September 1971, he accepted nonjudicial punishment under Article 15, Uniform Code of Military Justice, for willfully disobeying a lawful order to remove his hands from his pockets.  

8.  He was honorably released from active duty, in pay grade E-5, on 22 December 1971.  His DD Form 214 lists in:

* Item 13 - the National Defense Service Medal, Vietnam Campaign Medal, two overseas service bars, Vietnam Service Medal, and Sharpshooter Marksmanship Qualification Badge
* Item 30 - Civilian Education:  12 years general

9.  There is no evidence of record and the applicant did not provide any orders awarding him the Bronze Star Medal.

10.  His DA Form 20 (Enlisted Qualification Record) shows in:

* Item 29 (Qualification in Arms), he qualified expert with the M-16 rifle
* Item 38 (Record of Assignments) he received "excellent" conduct and efficiency ratings from 14 April 1969 to 26 October 1969, an "unknown" conduct and efficiency rating from 26 October to 6 November 1969, and "excellent" conduct and efficiency ratings from 7 November 1969 to July 1971

11.  There is also no evidence of a commander's disqualification that would have precluded him from being recommended for the first award of the AGCM.

12.  Review of the Awards and Decorations Computer-Assisted Retrieval System, an index of general orders issued during the Vietnam era between 1965 and 1973 maintained by the Military Awards Branch of the U.S. Army Human Resources Command, failed to reveal any orders for the Bronze Star Medal pertaining to the applicant.

13.  Army Regulation 672-5-1 (Decorations and 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 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.  

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

	a.  The Bronze Star Medal is awarded in time of war for heroism and for meritorious achievement or service, not involving participation in aerial flight, in connection with military operations against an armed enemy, or while engaged n military operations involving conflict with an opposing armed force in which the United States is not a belligerent party.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

	b.  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.  

15.  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 during his period of service with the 23rd Administration Company, this unit was cited for the:

* Meritorious Unit Commendation for the period 1 September 1969 through 31 January 1971, by Department of the Army General Orders (DAGO) Number 32, dated 1973
* Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 24 August through 31 December 1969, by DAGO Number 42, dated 1972

16.  Department of the Army Pamphlet 672-3 also shows during his period of service with 4th Battalion, 21st Infantry, this unit was cited for the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 31 March through 30 June 1970, by DAGO Number 42, dated 1972

17.  Department of the Army Pamphlet 672-3 states not more than one Vietnam Gallantry Cross Unit Citation will be worn by any individual, thereby precluding wear of the Vietnamese Fourragere that represents multiple awards of the Republic of Vietnam Gallantry Cross.  The pamphlet provides that, although multiple awards of this unit citation are not authorized for wear, official military and historical records will indicate all awards received.  

18.  Army Regulation 635-5 (Separation Documents), in effect at the time, governed the preparation of the DD Form 214.  It stated the DD Form 214 was a summary of a Soldier's most recent period of continuous service.  It provided a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge.  The regulation specified for:
* Item 13, enter all decorations, medals, badges, citations and campaign ribbons awarded or authorized for all periods of service
* Item 30, enter the highest civilian education level attained as the first entry in this block when not adequately covered in Item 25 (Education and Training Completed)

DISCUSSION AND CONCLUSIONS:

1.  GO awarded the applicant two awards of the Army Commendation Medal during his period of service in Vietnam.  Therefore, his DD Form 214 should be corrected to show these two awards.

2.  The evidence of record shows he received all "excellent" conduct and efficiency ratings, with an unknown period for less than 30 days, during his service with no evidence of a commander's disqualification for the first award of the Army Good Conduct Medal.  There is evidence of minor indiscipline two months prior to his separation on 22 December 1971; however, this minor indiscipline should not overshadow the successful completion of his term of service.  He attained the rank of pay grade E-5, served in Vietnam, and he completed his term of service.  Therefore, it would be appropriate at this time to award him the Army Good Conduct Medal (1st Award) for the period 2 April 1969 through 22 December 1971 and to correct his DD Form 214 to show this award.

3.  The evidence shows he participated in four campaigns during his service in Vietnam that entitles him to four bronze service stars for wear on his already-awarded Vietnam Service Medal.  Therefore, his DD Form 214 should be corrected to show these service stars.

4.  The evidence of record also shows he qualified expert with the M-16 rifle.  Therefore, his DD Form 214 should be corrected to show the appropriate marksmanship qualification badge.

5.  GO awarded his unit, the 23rd Administration Company, the Meritorious Unit Commendation.  GO also awarded his unit, the 4th Battalion, 21st Infantry, the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  The regulation provides that, although multiple awards of this unit citation are not authorized for wear, official military and historical records will indicate all awards received.  Therefore, his is entitled to correction to his DD Form 214 to show the Meritorious Unit Commendation and two awards of the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

6.  The evidence submitted by the applicant shows he completed tests of general educational development and was issued a certificate in April 1969.  Based on the foregoing, the applicant is entitled to correction to his DD Form 214, Item 30, to show he was awarded a "GED." 

7.  Unfortunately, without orders the Bronze Star Medal certificate he provided is insufficient on which to base adding that award to his DD Form 214.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____X____  ____X____  ___X_____  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 partial 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
2 April 1969 through 22 December 1971
* deleting from his DD Form 214 the Sharpshooter Marksmanship Qualification Badge and Vietnam Service Medal
* adding to his DD Form 214 the:

* Army Good Conduct Medal (1st Award)
* Army Commendation Medal (2nd Award) 
* Expert Marksmanship Qualification Badge with Rifle Bar (M-16)
* Vietnam Service Medal with four bronze service stars
* Meritorious Unit Commendation
* Republic of Vietnam Gallantry Cross with Palm Unit Citation (2nd Award)

* amending Item 30 of his DD Form 214 to show he received a "GED"

2.  The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends 


denial of so much of the application that pertains to adding the Bronze Star Medal to his DD Form 214.



      _______ _   _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)                                         AR20130000542





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ABCMR Record of Proceedings (cont)                                         AR20130000542



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