IN THE CASE OF:	  

		BOARD DATE:  17 September 2013

		DOCKET NUMBER:  AR20130002321 


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 award of the Bronze Star Medal (BSM).  He also requests award of the Army Good Conduct Medal (AGCM) and correction of his DD Form 214 to show this award.

2.  The applicant states he was not aware his BSM was not on his DD Form 214.

3.  The applicant provides his BSM orders and 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.  On 29 December 1967, the applicant enlisted in the Regular Army for a period of 3 years and training as a wheel vehicle mechanic.  He completed his basic training at Fort Bliss, TX and his advanced individual training at Fort Polk, LA before being transferred to Germany on 28 May 1968 for assignment to an artillery battery.

3.  On 30 August 1968, he was honorably discharged for the purpose of immediate reenlistment.  He reenlisted on 31 August 1968 for a period of
3 years.

4.  His record contains a DA Form 20 (Enlisted Qualification Record) that shows during the period 31 August through 15 October 1968 he received "good" conduct and efficiency ratings while assigned to C Battery, 4th Battalion, 41st Artillery in Germany.

5.  He departed Germany on 3 May 1970 en route to Vietnam.  He arrived in Vietnam on 12 June 1970 and subsequently assigned to Service Battery,
8th Battalion, 4th Artillery Regiment.

6.  General Orders Number 596, issued by Headquarters, XXIV Corps, dated
26 April 1971, awarded him the Bronze Star Medal for meritorious service in Vietnam for the period June 1970 to June 1971.

7.  On 27 April 1971, he departed Vietnam en route to Fort Lewis, WA for separation processing.  On 3 May 1971, he was honorably released from active duty as an overseas returnee on 3 May 1971 and he was transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement) to complete his remaining service obligation.  He completed 3 years, 4 months, and 5 days of total active service.  The DD Form 214 he was issued at the time shows he was awarded or authorized the:

* National Defense Service Medal
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)

8.  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.  There must have been no convictions by a court-martial.

9.  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, 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)

10.  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 8th Battalion, 4th Artillery Regiment, was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 1 March through 9 October 1971 by Department of the Army General Order Number 6, dated 1974.

DISCUSSION AND CONCLUSIONS:

1.  General orders awarded the applicant the BSM for his service in Vietnam.  Therefore, his DD Form 214 should be corrected to show this award.

2.  He participated in two campaigns during his service in Vietnam that entitles him to two bronze service stars for wear on his already-awarded Vietnam Service Medal.  Therefore, his DD Form 214 should be corrected to show these bronze service stars.

3.  Additionally, his 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.

4.  Records show the applicant received a "good" conduct and efficiency rating during a portion of his active duty service; however, regulations require a Soldier to have all "excellent" conduct and efficiency ratings throughout his/her service.  Therefore, he is not entitled to award of the Army Good Conduct Medal or correction of his DD Form 214 to show an award of the Army Good Conduct Medal.


BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____X___  ____X___  ___X__ _  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

* deleting from his DD Form 214 for the period ending 3 May 1971 the Vietnam Service Medal
* adding to his DD Form 214 for the period ending 3 May 1971 the:

* Bronze Star Medal
* Vietnam Service Medal with two bronze service stars
* Republic of Vietnam Gallantry Cross with Palm Unit Citation

2.  The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to award of the Army Good Conduct Medal.

3.  The Board wants the applicant and all others concerned to know that this action in no way diminishes the sacrifices made by the applicant in service to the United States during the Vietnam War.  The applicant and all Americans should be justifiably proud of his service in arms.



      _______ _  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)                                         AR20130002321



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ABCMR Record of Proceedings (cont)                                         AR20130002321



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