IN THE CASE OF:	  

		BOARD DATE:  19 September 2013

		DOCKET NUMBER:  AR20130001856 


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 the Bronze Star Medal and any other award entitlements.

2.  The applicant states:

* he received the Bronze Star Medal after he left the military
* the Bronze Star Medal and possibly other award entitlements are missing from his DD Form 214

3.  The applicant provides a copy of his 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 was inducted into the Army of the United States on 8 December 1965.  He completed training and was awarded military occupational specialty 11B (Light Weapons Infantryman).

3.  The applicant's DA Form 20 (Enlisted Qualification Record) shows in:

* Item 31 (Foreign Service), USARPAC (U.S. Army Pacific), Vietnam, from 23 September 1966 to 22 September 1967
* Item 33 (Appointments and Reductions), sergeant/E-5 highest rank/grade held
* Item 38 (Record of Assignments), he was assigned to:

*	Company B, 2nd Battalion, 22nd Infantry, 4th Infantry Division, Vietnam, from 27 September 1966 to 3 July 1967
*	Company A, 4th Battalion, 23rd Infantry, 25th Infantry Division, Vietnam, from 4 July 1967 to 16 August 1967
*	Headquarters and Headquarters Company, 4th Battalion, 23rd Infantry, 25th Infantry Division, Vietnam, from 17 August 1967 to 22 September 1967
* Item 38 also shows he had "excellent" efficiency ratings and his "conduct" ratings are blank

4.  General Orders Number 3704, issued by Headquarters, 25th Infantry Division, Vietnam, dated 18 September 1967, awarded the applicant the Bronze Star Medal.

5.  On 22 September 1967, the applicant was honorably released from active duty and transferred to the U.S. Army Reserve Control Group (Annual Training).  His DD Form 214 shows he had 3 days of lost time for the period 2 through 4 September 1966.  His DD Form 214 also shows award of the:

*	National Defense Service Medal
*	Vietnam Service Medal
* Purple Heart
*	Republic of Vietnam Campaign Medal with Device (1960)
*	Combat Infantryman Badge
* Expert Marksmanship Qualification Badge with Rifle Bar (M-14)

6.  A review of the applicant's record reveals he is entitled to additional awards and decorations not shown on his DD Form 214.

7.  Army Regulation 672-5-1 (Awards), in effect at the time, stated the Army Good Conduct Medal was awarded 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.

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, campaign participation credit was awarded for the:

* Vietnam Counteroffensive, Phase II (1 July 1966 – 31 May 1967)
* Vietnam Counteroffensive, Phase III (1 June 1967 – 29 January 1968)

9.  Department of the Army (DA) Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows during his tenure in Vietnam, his units of assignment were cited for the following awards:

* Republic of Vietnam Gallantry Cross with Palm Unit Citation for service from October 1966 to 1 August 1967 by DAGO Number 48, dated 1971
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for service from 30 April 1966 to 21 January 1970 by DAGO Number 51, dated 1971

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request for correction of his DD Form 214 to show award of the Bronze Star Medal and any other award entitlements was carefully considered.

2.  General orders awarded the applicant the Bronze Star Medal; therefore, he is entitled to correction of his DD Form 214 to show this award.

3.  Although he had 3 days of AWOL status, there is no evidence of any disciplinary actions or a commander's disqualification that would have precluded the applicant from being recommended for or awarded the first award of the Army Good Conduct Medal.  Further, he attained the rank/grade of sergeant/E-5 and was awarded the Bronze Star Medal, Purple Heart, and Combat Infantryman Badge.  Therefore, it would be appropriate at this time to award him the Army Good Conduct Medal (1st Award) and to correct his DD Form 214 to show this award.

4.  The applicant participated in two campaigns during his service in Vietnam that entitles him to two bronze service stars for wear on his previously-awarded Vietnam Service Medal.  Therefore, his DD Form 214 should be corrected to show two bronze service stars affixed to his previously awarded Vietnam Service Medal.

5.  The applicant's units were 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 from his DD Form 214 the Vietnam Service Medal;

	b.  awarding him the Army Good Conduct Medal (1st Award) for the period 8 December 1965 through 22 September 1967; and

   c.  adding the following to his DD Form 214:

   *	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 two 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)                                         AR20130001856



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ABCMR Record of Proceedings (cont)                                         AR20130001856



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