IN THE CASE OF:	  

		BOARD DATE:  29 October 2013

		DOCKET NUMBER:  AR20130005212 


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 with "V" Device.

2.  The applicant states he was awarded the Bronze Star Medal with "V" Device, but the award is not listed on his DD Form 214.

3.  The applicant provides his DD Form 214, Bronze Star Medal with "V" Device Certificate, and General Orders Number 2100.

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 27 December 1965.  He was awarded military occupational specialty 11B (Light Weapons Infantryman).

3.  Orders in his records show he was awarded the following marksmanship qualification badges:

* Expert Marksmanship Qualification Badge with Machine Gun Bar (M-60)
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-16)

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

	a.  he served in Vietnam from 24 September 1966 to 3 September 1967;

	b.  he served with Company B, 3rd Battalion, 22nd Infantry Regiment, in Vietnam; and

	c.  he received all "excellent" conduct and efficiency ratings throughout his active duty service.

5.  Headquarters, 25th Infantry Division, General Orders Number 2100, dated 26 May 1967, awarded him the Bronze Star Medal with "V" Device for heroism in connection with military operations against a hostile force in the Republic of Vietnam on 21 March 1967.

6.  He was honorably released from active duty on 13 December 1967 in the rank/grade of sergeant/E-5 after completing 1 year, 11 months, and 17 days of active service with no lost time.  His DD Form 214 shows he was awarded or authorized the:

* National Defense Service Medal
* Vietnam Service Medal with one bronze service star
* Republic of Vietnam Campaign Medal with Device (1960)
* Combat Infantryman Badge
* Purple Heart

7.  His records are void of any unfavorable information or a unit commander's disqualification that would have precluded him from being awarded the Army Good Conduct Medal.

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 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.

9.  Army Regulation 600-8-22 (Military Awards) states a bronze service star is authorized with the Vietnam Service Medal 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 two campaigns:

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

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 that during his assignment to Company B, 3rd Battalion, 22nd Infantry Regiment, it was cited for the following awards:

	a.  Presidential Unit Citation for actions on 21 March 1967 in Department of the Army General Orders (DAGO) Number 59, dated 1968;

	b.  Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period October 1966-1 August 1967 in DAGO Number 48, dated 1971; and

	c.  Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 1 August 1967-21 January 1970 in DAGO Number 51, dated 1971.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that his DD Form 214 should be corrected to show award of the Bronze Star Medal with "V" Device has been carefully considered.

2.  The evidence shows general orders awarded him the Bronze Star Medal with "V" Device.  Therefore, his DD Form 214 should be corrected to show this award.

3.  The evidence of record shows he received all "excellent" conduct and efficiency ratings throughout his active duty service and his record is void of any unfavorable information or a commander's disqualification that would have precluded him from being awarded the Army Good Conduct Medal.  Therefore, it would be appropriate to award him the Army Good Conduct Medal (1st Award) for the period 27 December 1965 through 13 December 1967 and to add this award to his DD Form 214.

4.  He was awarded the Vietnam Service Medal with one bronze service star; however, he participated in two campaigns during his service in Vietnam.  Therefore, he is entitled to two bronze service stars for wear on his Vietnam Service Medal and correction of his DD Form 214 to show the additional bronze service star.

5.  Orders awarded him Expert Marksmanship Qualification Badge with Machine Gun Bar (M-60), Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14), and Marksman Marksmanship Qualification Badge with Rifle Bar (M-16). 
Therefore, these badges should be added to his DD Form 214.

6.  His unit in Vietnam was cited for award of the Presidential Unit Citation, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation during his period of assignment.  Therefore, these unit awards should also be added to his DD Form 214.

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 December 1965 through 13 December 1967;

	b.  deleting award of the Vietnam Service Medal with one bronze service star from his DD Form 214; and


	c.  adding the following awards to his DD Form 214:

* Bronze Star Medal with "V" Device
* Army Good Conduct Medal (1st Award)
* Vietnam Service Medal with two bronze service stars
* Presidential Unit Citation
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation
* Expert Marksmanship Qualification Badge with Machine Gun Bar 
(M-60)
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-16)



      _______ _  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)                                         AR20130005212



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ABCMR Record of Proceedings (cont)                                         AR20130005212



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