IN THE CASE OF:	  

		BOARD DATE:	 29 August 2013

		DOCKET NUMBER:  AR20130001517 


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 award of an additional  bronze service star.

2.  He states he received documentation for a bronze service star and letter of commendation and has since lost them.

3.  He provides no additional documents.

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's record shows he was inducted into the Army of the United States on 27 June 1969.  Item 30 (Remarks) of his DD Form 214 shows he served in the Republic of Vietnam (RVN) from 24 November 1969 to 
3 November 1970.  

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

   a.  item 38 (Record of Assignments) while serving in the RVN, he was assigned to B Company, 1st Battalion, 46th Infantry Regiment, 196th Infantry Brigade from 9 December 1969 to 3 November 1970; 
   
   b.  item 38 he received "excellent" ratings for conduct and efficiency for the majority of his assignments with one rating of unknown while intransit; and 
   
	c.  item 41 (Awards and Decorations) he was awarded the Expert Marksmanship Qualification Badge with Rifle Bar (M-14) which is not listed on his DD Form 214.

4.  His record contains a Letter of Appreciation, dated 22 March 1971, which shows he was commended for his support during the battalion's "Red Warriors" field exercise. 

5.  He was honorably released from active duty on 25 June 1971 after serving for 1 year, 11 months, and 29 days.  The DD Form 214 he was issued shows he was awarded or authorized the National Defense Service Medal, Vietnam Service Medal with two bronze service stars, Combat Infantryman Badge, RVN Campaign Medal with "1960" Device, and Army Commendation Medal.

6.  There is no evidence of any derogatory information that would have disqualified him from award of the Army Good Conduct Medal.

7.  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 the 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.  Ratings of "unknown" for portions of the period under consideration were not disqualifying.

8.  Army Regulation 600-8-22 (Military Awards), 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, 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)

9.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows the 1st Battalion, 46th Infantry Regiment, was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for action during the periods 24 August to 31 December 1969 and 
31 March to 30 June 1970 in Department of the Army General Orders (DAGO) Number 42, dated 1972.

10.  Army Regulation 635-5 (Separation Documents) states to list awards and decorations for all periods of service in the priority sequence specified in Army Regulation 600-8-22.  Army Regulation 600-8-22 gives the order of precedence for awards and decorations.  Only decorations, medals, and ribbons are listed.  Certificates of achievement, letters of appreciation, and similar documents are not listed.

DISCUSSION AND CONCLUSIONS:

1.  His record shows he was awarded the Vietnam Service Medal with two bronze service stars.  However, evidence shows he actually participated in three campaigns and as a result, he is entitled to have his record corrected to show the award of an additional bronze service star on his already-awarded Vietnam Service Medal. 

2.  His records show he received "excellent" or "unknown" conduct and efficiency ratings throughout his service.  There is no evidence of any derogatory information that would have disqualified him from award of the Army Good Conduct Medal.  Therefore, it would be appropriate to award him the Army Good Conduct Medal (1st Award) for the period 27 June 1969 to 25 June 1971 and correct his DD Form 214 to show this medal.

3.  General orders awarded his unit the Republic of Vietnam Gallantry Cross with Palm Unit Citation for actions during his period of assignment.  Therefore, he is entitled to have his DD Form 214 corrected to this award.

4.  Evidence of record shows he was awarded the Expert Marksmanship Qualification Badge with Rifle Bar (M-14).  Therefore, he is entitled to have his DD Form 214 corrected to show this badge.
5.  He states he received a Letter of Commendation which he has since lost.  Army regulations do not authorize the listing of letters and similar documents on the DD Form 214.  His record contains a copy of a Letter of Appreciation, dated 22 March 1971, and it would appropriate to provide him a copy of the letter for his personal use.

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 
27 June 1969 to 25 June 1971; 

   b.  deleting the Vietnam Service Medal with two bronze service stars from his DD Form 214;  

   c.  adding the Army Good Conduct Medal (1st Award), Vietnam Service Medal with three bronze service stars, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and Expert Marksmanship Qualification Badge with Rifle Bar (M-14) to his DD Form 214; and 

   d.  providing him a copy of the Letter of Appreciation, dated 22 March 1971.



      ____________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)                                         AR20130001517





3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20130001517



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1