BOARD DATE:  15 August 2013

		DOCKET NUMBER:  AR20130001165


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 he was awarded the Bronze Star Medal (BSM).

2.  The applicant states he is not sure why his BSM was not entered on his      DD Form 214, although he believes it was due to administrative error.  

3.  The applicant provides his DD Form 214 and General Orders Number 11237, issued by Headquarters, 25th Infantry Division on 18 November 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 8 July 1969.  He completed his initial entry training and was awarded military occupational specialty 64A (Light Vehicle Driver).  At a later date, he was reclassified into MOS 74C (Data Analysis Specialist).

3.  His records show he served in the Republic of Vietnam from on or about        28 November 1969 to 9 February 1971.  During this period of service he was assigned to:

* 25th Administration Company, 25th Infantry Division, from on or about      9 December 1969 through on or about 14 December 1970
* 15th Administration Company, 1st Cavalry Division (Airmobile), from on or about 15 December 1970 through on or about 5 February 1971  

4.  General Orders Number 11237, issued by Headquarters, 25th Infantry Division on 18 November 1970, awarded him the BSM for meritorious achievement in connection with military operations against a hostile force in the Republic of Vietnam, during the period 1 September 1970 through 1 November 1970.

5.  On 10 February 1971, he was honorably released from active duty and transferred to the U.S. Army Reserve.  The DD Form 214 he was issued shows he was credited with the completion of 1 year, 7 months, and 3 days of net service during this period of active duty.  The highest rank/grade he attained while serving on active duty was specialist four (SP4)/E-4.  Additionally, his DD Form 214 shows he was awarded the:

* National Defense Service Medal
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal with Device (1960), shown as the Vietnam Campaign Medal
* Army Commendation Medal

6.  A review of the applicant's records indicates he is entitled to additional awards which are not shown on his DD Form 214.

7.  Special Orders Number 294, issued by Headquarters, U.S. Army Training Center Engineer and Fort Leonard Wood, Fort Leonard Wood, MO, on              21 October 1969, awarded him the Expert Marksmanship Qualification Badge with Rifle Bar (M-16).

8.  There is no indication in his available record that shows he was awarded the Army Good Conduct Medal.  Item 38 (Record of Assignments) of his DA Form  20 (Enlisted Qualification Record) shows he received "excellent" conduct and efficiency ratings throughout his service.  There is no evidence of a commander's disqualification for the award.  Additionally, there is no evidence of any convictions by court-martial or nonjudicial punishment under Article 15, Uniform Code of Military Justice (UCMJ).

9.  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, and he/she could not have been convicted by court-martial.

10.  Army Regulation 600-8-22 (Military Awards) states, in pertinent part, that a bronze service star is authorized with the Vietnam Service Medal for each Vietnam campaign a member is credited with participating in.  Appendix B shows that during his service in Vietnam, campaign participation credit was awarded for the following three campaigns: 

* Vietnam Winter – Spring 1970 (1 November 1969 – 30 April 1970)
* Sanctuary Counteroffensive (1 May 1970 – 30 June 1970)
* Vietnam Counteroffensive Phase VII (1 July 1970 – 30 June 1971)  

11.  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 25th Administration Company, 25th Infantry Division, the unit to which the applicant was assigned, was cited for the:

* Meritorious Unit Commendation, for the period 1 January 1970 through    3 December 1970, by Department of the Army General Orders (DAGO) Number 6, 1974
* Republic of Vietnam Gallantry Cross with Palm Unit Citation, for the period 1 September 1968 through 30 September 1970, by DAGO Number 5, dated 1973
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, for the period 13 March 1966 through 21 January 1970, by DAGO Number 51, dated 1971

12.  Department of the Army Pamphlet 672-3 shows the 15th Administration Company, 1st Cavalry Division (Airmobile), the unit to which the applicant was assigned, was cited for 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.

13.  Department of the Army Pamphlet 672-3 states not more than one Republic of Vietnam Gallantry Cross Unit Citation will be worn by any individual.  Although multiple awards of this unit citation are not authorized for wear, official military and historical records will indicate all awards received.  However, in the case of duplicate awards covering the same period of time only one award will be recorded in official military and historical records.

DISCUSSION AND CONCLUSIONS:

1.  General orders awarded him the BSM, which is not shown on his DD Form 214; therefore, he is entitled to correction of his DD Form 214 to show this individual award.

2.  Special orders awarded him the Expert Marksmanship Qualification Badge with Rifle Bar (M-16), which is not shown on his DD Form 214.  Therefore, he is entitled to correction of his DD Form 214 to show this marksmanship badge.

3.  He served honorably from 8 July 1969 through 10 February 1971.  His records show he received "excellent" conduct and efficiency ratings throughout his service.  There is no evidence of any disciplinary or derogatory actions or a commander's disqualification for the first award of the Army Good Conduct Medal.  Therefore, as a matter of equity, it would be appropriate to award him the Army Good Conduct Medal (1st Award), and to correct his DD Form 214 to show this award.

4.  He participated in three campaigns during his service in the Republic of Vietnam; therefore, he is entitled to correction of his DD Form 214 to show          3 bronze service stars to be affixed to his previously-awarded Vietnam Service Medal.

5.  General orders awarded his units of assignment in the Republic of Vietnam the Meritorious Unit Commendation, 2 awards of the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, during the periods in which he was assigned to these units.  These unit awards are not shown on his DD Form 214; therefore, he is entitled to correction of his DD Form 214 to show them.




BOARD VOTE:

__x______  __x______  _x___  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined the evidence presented is 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. Awarding him the Army Good Conduct Medal (1st Award) for the period 
8 July 1969 through 10 February 1971; and

   b. Amending his DD Form 214 by deleting the VSM and adding the:

* BSM
* Expert Marksmanship Qualification Badge with Rifle Bar (M-16)
* Army Good Conduct Medal (1st Award)
* Vietnam Service Medal with 3 bronze service star
* Meritorious Unit Commendation
* Republic of Vietnam Gallantry Cross with Palm Unit Citation (2nd Award)
* Republic of Vietnam Civil Actions Honor Medal First Class 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)                                         AR20100015543



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ABCMR Record of Proceedings (cont)                                         AR20130001165



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