IN THE CASE OF:	  

		BOARD DATE:	  1 August 2013

		DOCKET NUMBER:  AR20130001331 


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 place of birth as "Robstown, TX" instead of "Rosstown, TX" and to show award of the Bronze Star Medal.

2.  The applicant makes no additional statement.

3.  The applicant provides:

* Birth Certificate
* DD Form 214
* Bronze Star Medal Certificate
* Bronze Star Medal 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 was inducted into the Army of the United States on                  14 November 1967.  Item 11 (Place of Birth) of his DD Form 47 (Record of Induction) shows his place of birth as "Robstown, Texas."  He completed training and he was awarded military occupational specialty 11B (Light Weapons Infantryman).  He served in the Republic of Vietnam from 25 October 1968 to 
9 August 1969 where he was further assigned to Company D, 2nd Battalion, 7th Cavalry  Regiment on 29 October 1968 and later to Company B, 2nd Battalion, 7th Cavalry Regiment for the period 1 December 1968 to 9 August 1969.  The highest rank/grade he attained during this period of service was sergeant (SGT)/E-5. 

3.  His record contains Special Orders Number 016, issued by Headquarters, U.S. Army Training Center, Infantry and Fort Polk, Fort Polk, LA, dated 18 January 1968, which show he was awarded the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14).

4.  His record contains General Orders Number 11286, issued by Headquarters, 1st Cavalry Division, dated 16 September 1969, which show he was awarded the Bronze Star Medal.

5.  Item 38 (Record of Assignments) of his DA Form 20 (Enlisted Qualification Record) shows he received all "excellent" conduct and efficiency ratings throughout his service.  His record does not contain a record of a commander's disqualification for award of the Army Good Conduct Medal which would have precluded him from being recommended for or awarded the Army Good Conduct Medal (1st Award).

6.  On 11 August 1969, he was honorably released from active duty and transferred to the U.S. Army Reserve Control Group (Annual Training).  His 
DD Form 214 shows his place of birth as “Rosstown, Texas.”  It also shows the:

* National Defense Service Medal
* Combat Infantryman Badge
* Vietnam Service Medal  
* Republic of Vietnam Campaign Medal with Device (1960)
* Air Medal

7.  Army Regulation 672-5-1 (Awards), in effect at the time, provides that the Army Good Conduct Medal is awarded to individuals who have completed a qualified period of active duty enlisted service.  This period is 3 years except in 
those cases when the period for the first award ends 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.

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 2nd Battalion, 7th Cavalry Regiment, a unit to which the applicant was assigned, was cited for award of the:

   a.  Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period May 1969 through February 1970 by Department of the Army General Order (DAGO) Number 11, dated 1973, further amended by DAGO 42, dated 1972; and 

   b.  Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 1 January 1969 through 1 February 1970 by DAGO 42, dated 1973.

9.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards.  The Vietnam Service Medal is awarded to all members of the Armed Forces of the United States for qualifying service in Vietnam after 3 July 1965 through 28 March 1973.  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, participation credit was awarded for the following four campaigns:

* Vietnam Counteroffensive Phase V
* Vietnam Counteroffensive Phase VI
* TET 69 Counteroffensive
* Vietnam Summer-Fall 1969

10.  Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214.  The regulation directs that the purpose of the separation document is to provide the individual with documentary evidence of his or her military service.  It is important that information entered on the form should be complete and accurate.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request to correct his DD Form 214 to show his place of birth as "Robstown, TX" and to show award of the Bronze Star Medal has been carefully considered and found to have merit.

2.  Item 11 of his DD Form 47, completed at the time of his induction, shows his place of birth as "Robstown, Texas."  Therefore, it would be appropriate to correct his DD Form 214 to "Robstown, TX" as his place of birth.  

3.  General orders awarded him the Bronze Star Medal.  Therefore, his DD Form 214 should be corrected to show this award.

4.  Special orders awarded him the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14).  Therefore, he is entitled to correction of his         DD Form 214 to show this badge.

5.  The applicant served honorably during the period 14 November 1967 through             11 August 1969.  He served in the Republic of Vietnam, attained the rank/grade of SGT/E-5, and he received "excellent" conduct and efficiency ratings throughout his military service.  His file contains no information which would have disqualified him for the Army Good Conduct Medal; therefore, it would be appropriate to award the applicant the first award of the Army Good Conduct Medal and correct his DD Form 214 to show this award.

6.  Records show the applicant participated in four campaign phases during his service in the Republic of Vietnam.  Therefore, he is entitled to four bronze service stars for wear on his already-awarded Vietnam Service Medal and correction of his DD Form 214 to show these service stars.

7.  The applicant's unit was cited for award 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 his period of assignment.  Therefore, his   DD Form 214 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 the Vietnam Service Medal from his DD Form 214;
   
   b.  awarding him the Army Good Conduct Medal (1st Award) for the period
14 November 1967 through 11 August 1969; and

 	c.  adding to his DD Form 214 the:

* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)
* Bronze Star Medal
* Army Good Conduct Medal (1st Award)
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation
* Vietnam Service Medal with 4 bronze service stars




      _______ _   __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)                                         AR20130001331



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ABCMR Record of Proceedings (cont)                                         AR20130001331



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