BOARD DATE:	  27 August 2013

		DOCKET NUMBER:  AR20130001869 


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 a second Bronze Star Medal (BSM) and the Army Good Conduct Medal (AGCM).

2.  The applicant states his second BSM was omitted from his DD Form 214.  He further states he believes he should be authorized the AGCM.  He has been receiving treatment for cancer that is related to Agent Orange.  While getting his affairs in order he noticed some discrepancies on his DD Form 214 and he wishes his record be corrected before he dies.

3.  The applicant provides:

* DD Form 214
* DD Form 44 (Record of Military Status of Registrant), dated 22 April 1969
* Special Orders Number 76, issued by the Armed Forces Examining and Entrance Station (AFEES), Butte, MT, dated 22 April 1969
* Special Orders Number 158, issued by the same station, dated 20 August 1969
* DD Form 256A (Honorable Discharge Certificate), U.S. Army Reserve (USAR), dated 19 August 1969
* 6RD Form 180-R (Statements for Enlistment (Delayed Entry Program)), undated
* DA Form 1315 (Reenlistment Data Card) with an expiration term of service (ETS) date of 19 August 1972
* Special Orders Number 158, issued by AFEES, Butte, MT, dated 20 August 1969
* General Orders Number 11130, issued by Headquarters, Americal Division, dated 21 August 1970
* BSM Certificate for heroism, dated 9 September 1970
* General Orders Number 12647, issued by Headquarters, 23rd Infantry Division, dated 11 November 1971
* BSM, First Oak Leaf Cluster Certificate, dated 26 January 1971
* BSM, First Oak Leaf Cluster Citation, for the period June 1970 to
January 1971

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.  On 20 August 1969, the applicant enlisted in the Regular Army.  He completed his initial training to include the Basic Airborne Course and he was awarded military occupational specialty 11C1P (Infantryman Indirect Fire Crewman with parachutist qualification).

3.  On 2 April 1970, the applicant departed Fort Benning, GA for duty in Vietnam.

	a.  On 29 May 1970, he was assigned as a patrol leader with G Company, 75th Infantry Ranger Regiment.

	b.  General Orders Number 11130, dated 21 August 1970, awarded him the BSM with "V" Device for heroism in Vietnam on 18 August 1970.

	c.  General Orders Number 12647, dated 11 November 1971, amended General Orders Number 1086 as reads "BSM" to read “BSM (First Oak Leaf Cluster)” for meritorious service from June 1970 to January 1971.

	d.  On 16 January 1971, he was transferred to the Medical Holding Company, U.S. Army Hospital, Camp Zama, Japan and subsequently transferred to the Medical Holding Company, U.S. Army Medical Department Activity, Fort Ord, CA.

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

	a.  Item 28 (Specialized Training) he completed the 3-week Basic Airborne Course in 1970;

	b.  Item 31 (Foreign Service) he arrived in Vietnam on 12 May 1970;

	c.  Item 38 (Record of Assignments) he was assigned to Company G,
75th Infantry (Rangers) from 29 May 1970 through 15 January 1971;

	d.  Item 38 he received all "excellent" conduct and efficiency ratings except for "unknown" ratings during training; and

	e.  Item 41 (Awards and Decorations) his marksmanship qualification badges included the:

* Expert Marksmanship Qualification Badge with Mortar Bar
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)
* Sharpshooter Marksmanship Qualification Badge with Pistol Bars
(.45 caliber)
* Marksman Marksmanship Qualification Badge with Automatic Rifle Bar (M-16)

5.  There is no evidence of record 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.

6.  On 10 April 1972, the applicant was retired by reason of permanent physical disability.  He attained the rank/grade of sergeant (SGT)/E-5 and he completed
2 years, 7 months, and 21 days of total active service.

7.  The applicant's DD Form 214 shows he was awarded or authorized the:

* National Defense Service Medal
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* Air Medal
* Combat Infantryman Badge
* Purple Heart with First Oak Leaf Cluster
* BSM with "V" Device
* Army Commendation Medal

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

	a.  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, the applicant participated in the following two campaigns:

* Sanctuary Counteroffensive (1 May - 30 June 1970)
* Vietnam Counteroffensive Phase VII (1 July 1970 - 30 June 1971)

	b.  The basic Parachutist Badge is awarded to individuals who satisfactorily complete the prescribed proficiency tests while assigned or attached to an airborne unit or the Airborne Department of the Infantry School.

9.  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 75th Infantry (Rangers) was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 31 March through 30 june 1970 by Department of the Army General Order Number 42, dated 1972.

10.  Army Regulation 672-5-1 (Awards), in effect at the time, provided that the Army Good Conduct Medal was awarded to enlisted Soldiers who had 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.  Ratings of "unknown" for portions of the period under consideration are not disqualifying.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends his DD Form 214 should be corrected to show award of a second BSM and the AGCM.

2.  General orders show that while in Vietnam the applicant was awarded a BSM with "V" Device for heroism on 18 August 1970 and another BSM for meritorious achievement during the period June 1970 to January 1971.  Therefore, his
DD Form 214 should be corrected to show to show both awards.

3.  The applicant's record shows he distinguished himself in the performance of his military service by receiving multiple personal decorations, attaining the rank of sergeant, and achieving all "excellent" conduct and efficiency ratings with an "unknown" non-disqualifying rating during training.  There is no record of disciplinary actions or a commander's disqualification that would have precluded the applicant from being recommended for or awarded the first award of the AGCM.  It appears an administrative error occurred resulting in the applicant not received the AGCM.  Therefore, it would be appropriate at this time to award him the AGCM (1st Award) for the period 20 August 1969 through 10 April 1972 and to correct his DD Form 214 to show this award.

4.  Records show the applicant completed the prescribed course of instruction for entitlement to the Parachutist Badge.  Therefore, his DD Form 214 should be corrected to show this badge.

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

6.  The applicant's unit was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation during his period of assignment.  Therefore, his DD Form 214 should be corrected to show this unit award.

7.  Records show the applicant qualified expert with the mortar.  Therefore his DD Form 214 should be corrected to show the Expert Marksmanship Qualification Badge with Mortar Bar.

8.  Records show the applicant qualified sharpshooter with the M-14 rifle and .45 caliber pistol.  Therefore his DD Form 214 should be corrected to show the Sharpshooter Marksmanship Qualification Badge with Rifle and Pistol Bars.

9.  Records show the applicant qualified marksman with the M-16 automatic rifle. Therefore his DD Form 214 should be corrected to show the Marksman Marksmanship Qualification Badge with Automatic Rifle Bar.


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 and Bronze Star Medal with "V" Device;

	b.  awarding him the Army Good Conduct Medal for the period 20 August 1969 through 10 April 1972;

	c.  adding to his DD Form 214 the:

* Bronze Star Medal (2nd Award) and with "V" Device
* Army Good Conduct Medal (1st Award)
* Vietnam Service Medal with two bronze service stars
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Parachutist Badge
* Expert Marksmanship Qualification Badge with Mortar Bar
* Sharpshooter Marksmanship Badge with Rifle (M-14) and Pistol (.45 caliber) Bars
* Marksman Marksmanship Qualification Badge with Automatic Rifle Bar



      __________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)                                         AR20130001869



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ABCMR Record of Proceedings (cont)                                         AR20130001869



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