IN THE CASE OF:	  

		BOARD DATE:  8 October 2013

		DOCKET NUMBER:  AR20130003416 


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 that his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to show his award of the Bronze Star Medal (BSM) with one oak leaf cluster (1OLC).

2.  The applicant states, in effect, that he received the BSM with 1OLC after he was released from active duty and it was never added to his DD Form 214.

3.  The applicant provides copies of his BSM Certificate and Citation and a photograph of him being presented the award.

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 enlisted in the Regular Army on 29 May 1969 for a period of 2 years.  He completed his basic training at Fort Leonard Wood, Missouri and qualified as Expert with the M16 rifle, Sharpshooter with the M14 rifle, and Marksman with the M60 Machinegun.  He completed his advanced individual training as a light weapons infantryman at Fort Lewis, Washington before being transferred to Vietnam on 2 November 1969 for assignment to the 4th Battalion, 31st Infantry Regiment, 196th Light Infantry Brigade.

3.  On 24 June 1970, General Orders Number 6887 issued by Headquarters, Americal Division awarded the applicant the BSM with “V” Device for heroism during the period 1 May – 2 May 1970.

4.  The applicant served in three campaigns and departed Vietnam on 
22 October 1970 for assignment to Fort Knox, Kentucky where he remained until he was honorably released from active duty (REFRAD) on 28 May 1971 due to the expiration of his term of service (ETS).  He had served 2 years of active service and his DD Form 214 issued at the time of his REFRAD shows that he was awarded the National Defense Service Medal, Vietnam Service Medal, Combat Infantryman Badge, Vietnam Campaign Medal with “60” Device, BSM with ”V” Device, Army Commendation Medal, and Purple Heart.

5.  On 6 August 1991, the U.S. Army Reserve Personnel Center authorized the issuance of award medal sets to the applicant for all of the decorations listed on his DD Form 214 and three bronze service stars, Good Conduct Medal, Expert Marksmanship Badge with Rifle Bar, Sharpshooter Marksmanship Badge with rifle bar, and Marksman Marksmanship Badge with machinegun bar.

6.  A review of his official records failed to reveal orders awarding him the BSM with 1OLC.  However, his records do show that he had “excellent” conduct and efficiency ratings throughout his service and his record is void of any derogatory information that would serve to disqualify him for award of the Army Good Conduct Medal.

7.  The photograph submitted by the applicant with his application shows that the BSM was awarded to the applicant at Fort Benjamin, Harrison on 30 September 1971 (see back of photograph).

8.  Army Regulation 600-8-22 (Military Awards) states a bronze service star is authorized for wear on the Vietnam Service Medal for each Vietnam campaign a member is credited with participating in.


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

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 4th Battalion, 31st Infantry Regiment, was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation during the period the applicant served with the unit.

DISCUSSION AND CONCLUSIONS:

1.  Although the applicant has not provided and the records do not contain orders awarding him the BSM with 1OLC, he has provided the Certificate and Citation along with an official Army photograph showing that he was awarded a BSM on 30 September 1971.  Therefore, since his DD Form 214 already contains an award of the BSM with ”V” Device, it is reasonable to presume that he was presented the BSM with 1OLC after his REFRAD.  Accordingly, it should be added to his DD Form 214 at this time.

2.  The applicant was eligible to receive the Army Good Conduct Medal at the time of his REFRAD and since he has already been issued the medal set, it would be appropriate to add it to his DD Form 214 at this time. 

3.  The applicant served in three campaigns in Vietnam and is entitled to wear three bronze service stars on his already-awarded Vietnam Service Medal and have them added to his DD Form 214.

4.  He was awarded the Expert Marksmanship Badge with rifle bar, Sharpshooter Marksmanship Badge with rifle bar, and Marksman Marksmanship Badge with machinegun bar and is entitled to have them added to his DD Form 214.





5.  Additionally, his unit in Vietnam was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation and that award should be added to his DD Form 214 at this time.

BOARD VOTE:

____X___  ____X___  ___X__ _  GRANT FULL RELIEF 

________  ________  ________  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 relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

* Deleting the awards of the Vietnam Service Medal and Bronze Star Medal with “V” Device from his DD Form 214.
* Adding the awards of the Vietnam Service Medal with three bronze service stars, BSM with “V” Device and 1OLC, Good Conduct Medal (1st Award), Republic of Vietnam Gallantry Cross with Palm Unit Citation, Expert Marksmanship Badge with rifle bar, Sharpshooter Marksmanship Badge with rifle bar, and Marksman Marksmanship Badge with machinegun bar to his DD Form 214


2.  The Board wants the applicant and all others to know that the sacrifices he made in service to the United States during the Vietnam War are deeply appreciated.  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)                                         AR20130003416





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ABCMR Record of Proceedings (cont)                                         AR20130003416



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