IN THE CASE OF:	  

		BOARD DATE:  19 November 2013

		DOCKET NUMBER:  AR20130005300 


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 the:

* Bronze Star Medal (2nd Award) and "V" Device
* Republic of Vietnam Gallantry Cross with Silver Star

2.  The applicant states the medals were not listed on his DD Form 214.

3.  The applicant provides:

* DD Form 214
* General Orders (GO) Number 5138, Bronze Star Medal with "V" Device
* GO Number 12784, Bronze Star Medal
* Authorization for Individual Foreign 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's records show he was inducted into the Army of the United States on 2 August 1966.  He held military occupational specialty 11C (Indirect Fire Crewman).  

3.  Special Orders (SO) Number 256, issued by Headquarters, U.S. Army Training Center, Air Defense, Fort Bliss, TX, on 18 September 1966, awarded him the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14).

4.  He served in Vietnam from on or about 5 April 1967 to on or about 3 June 1968.  He was assigned to Company B, 5th Battalion, 7th Cavalry, 1st Cavalry Division. 

5.  GO Number 5138, issued by Headquarters, 1st Cavalry Division, on 3 June 1968, awarded him the Bronze Star Medal with "V" Device for heroism on 2 May 1968. 

6.  He was honorably released from active duty in the rank/grade of sergeant (SGT)/E-5 on 4 June 1968.  He completed 1 year, 10 months, and 3 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
* Vietnam Campaign Medal
* Combat Infantryman Badge
* Air Medal
* Two overseas service bars

7.  On 24 September 1968, Headquarters, U.S. Army Vietnam, authorized the applicant to accept and wear the Republic of Vietnam Gallantry Cross with Silver Star.  

8.  GO Number 12784, issued by Headquarters, 1st Cavalry Division, on 2 October 1968, awarded him the Bronze Star Medal for service from June 1967 to June 1968.


9.  Department of the Army (DA) Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows during his service with the 5th Battalion, 7th Cavalry, in Vietnam, this unit was cited for awards of the:

* Valorous Unit Award, for service from 1 to 31 October 1967, based on Department of the Army General Order (DAGO) Number 39, dated 1970
* Republic of Vietnam Gallantry Cross with Palm Unit Citation for service from 9 August 1965 to 19 May 1969, based on DAGO 59, dated 1969

10.  Appendix B of Army Regulation 600-8-22 (Military Awards) shows that during his service in Vietnam participation credit was awarded for the following campaigns.  This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign. 

* Vietnam Counteroffensive Phase, 1 July 1966 - 31 May 1967
* Vietnam Counteroffensive Phase III, 1 June 1967 - 29 January 1968
* Tet Counteroffensive - 30 January - 1 April 1968
* Vietnam Counteroffensive Phase IV, 2 April - 30 June 1968

11.  A review of the applicant's service record shows no derogatory information that would disqualify him for the first award of the Army Good Conduct Medal.  Furthermore, item 38 (Record of Assignments) of his DA Form 20 (Enlisted Qualification Record) shows he received "excellent" conduct and efficiency ratings during his military service.

12.  Army Regulation 672-5-1 (Military Awards), in effect at the time, provided that the Army Good Conduct Medal was awarded to individuals who completed a qualified period of active duty enlisted service.  This period was 3 years except in those cases when the period for the first award ended 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.

DISCUSSION AND CONCLUSIONS:

1.  GO awarded the applicant two awards of the Bronze Star Medal, one with a "V" Device for heroism.  Therefore, he is entitled to correction of his DD Form 214 to show these awards. 

2.  The applicant was authorized to accept and wear the Republic of Vietnam Gallantry Cross with Silver Star.  Therefore, he is entitled to correction of his DD Form 214 to show this foreign award. 

3.  He was awarded the Vietnam Service Medal.  Additionally, he participated in four campaigns during his service in Vietnam.  Therefore, he is entitled to four 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.

4.  General orders awarded his unit in Vietnam the Valorous Unit Award and the Republic of Vietnam Gallantry Cross with Palm Unit Citation during his period of service in Vietnam.  Therefore, his DD Form 214 should be corrected to show these unit awards. 

5.  He served honorably during the period 2 August 1966 through 4 June 1968.  He attained the rank of SGT/E-5, served in Vietnam, and received "excellent" conduct and efficiency ratings throughout his military service.  Absent any derogatory information on file that would have disqualified him, it would be appropriate to award him the Army Good Conduct Medal (1st Award) based on completion of qualifying service ending with the termination of a period of Federal military service.  His DD Form 214 should also be corrected to show this award.

6.  SO awarded him the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14).   He should be entitled to correction of his DD Form 214 to show this badge.  

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:

* awarding him the Army Good Conduct Medal (1st Award) for exemplary behavior, efficiency, and fidelity during the period 2 August 1966 through   4 June 1968
* adding the following awards to his DD Form 214:

* Army Good Conduct Medal (1st Award)
* Bronze Star Medal (2nd Award) and "V" Device
* Valorous Unit Award
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Gallantry Cross with Silver Star
* four bronze service stars to be affixed to his already-awarded Vietnam Service Medal




      _______ _  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)                                         AR20130005300



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ABCMR Record of Proceedings (cont)                                         AR20130005300



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