IN THE CASE OF:	

		BOARD DATE:	  12 December 2013

		DOCKET NUMBER:  AR20130005324 


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:

	a.  award of the Bronze Star Medal with "V" Device and Army Good Conduct Medal;

	b.  he completed the Military Assistance Command Vietnam (MACV) Recondo School and Airborne Course; and

	c.  his social security number (SSN) as "XXX-XX-0496."

2.  The applicant states the clerk did not have room to enter all of his decorations and medals.  The clerk also failed to add two completed schools and mistyped his SSN.

3.  The applicant provides:

* Airborne Course Diploma
* Bronze Star Medal with "V" Device Certificate
* social security card
* MACV Recondo School Certificate
* 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.  The applicant was inducted into the Army of the United States on 8 May 1968.  His DD Form 398 (Statement of Personal History), dated 15 May 1968, shows his SSN as "XXX-XX-0496."

3.  His DA Form 20 (Enlisted Qualification Record) shows he attended basic airborne training at Fort Benning, GA, during the period 15 July 1968 to 29 October 1968.  He provides a diploma which shows he completed the 3-week Airborne Course in October 1968 at Fort Benning, GA.

4.  He arrived in Vietnam on 28 July 1969 and he was assigned to Company D (Ranger), 75th Infantry, for duty as a radio operator.

5.  His records contain a letter issued by the MACV Recondo School, 5th Special Forces Group (Airborne), 1st Special Forces, dated 10 September 1969, which shows he completed the 3-week course of instruction in long-range reconnaissance patrolling techniques and graduated from the MACV Recondo School.

6.  He provides a certificate, dated 13 September 1969, which shows he completed the MACV Recondo School.

7.  Records show he participated in two campaigns during his assignment in Vietnam.

8.  He departed Vietnam on 10 April 1970.  On 11 April 1970, he was honorably released from active duty in the rank of specialist four after completing 1 year, 11 months, and 4 days of creditable active service with no lost time.



9.  His DD Form 214 shows his SSN as "XXX-XX-0596."

10.  His 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)
* Combat Infantryman Badge
* Army Commendation Medal
* Air Medal

11.  Item 25 (Education and Training Completed) of his DD Form 214 shows he completed the 10-week Radio Operator Course in 1968.

12.  There are no orders for award of the Bronze Star Medal with "V" Device in the available records; his DA Form 20 does not show it as an authorized award; and a review of the Awards and Decorations Computer-Assisted Retrieval System, an index of general orders issued during the Vietnam era between 1965 and 1973 maintained by the U.S. Army Human Resources Command Military Awards Branch, failed to reveal any orders for the Bronze Star Medal with "V" Device pertaining to the applicant.

13.  The applicant provides a Bronze Star Medal with “V” Device Certificate that appears to have been issued by Headquarters, Department of the Army (it is signed by The Adjutant General rather than a unit commander), on 9 February 1972.  However, the U.S. Army Resources Command had no records from that period to confirm that or whether orders were issued.

14.  There is no evidence the applicant received the first award of the Army Good Conduct Medal.  There is no evidence of any disciplinary action or a commander's disqualification that would have precluded him from being awarded the Army Good Conduct Medal.  Item 38 (Record of Assignments) of his DA Form 20 shows he received all "excellent" conduct and efficiency ratings throughout his service.

15.  Department of the Army General Orders 8, dated 1974, announced award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to Headquarters, U.S. Military Assistance Command, and its subordinate units during the period 8 February 1962 to 28 March 1973 and to Headquarters, U.S. Army Vietnam, and its subordinate units during the period 20 July 1965 to 28 March 1973.

16.  Army Regulation 600-8-22 (Military Awards) states the Bronze Star Medal is awarded in time of war for heroism and for meritorious achievement or service not involving participation in aerial flight in connection with military operations against an armed enemy or while engaged in military operations involving conflict with an opposing armed force in which the United States is not a belligerent party.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

17.  Army Regulation 600-8-22 also states the bronze "V" device indicates acts of heroism involving conflict with an armed enemy and authorizes the device in conjunction with awards of the Bronze Star Medal.

18.  Army Regulation 600-8-22 further states a bronze service star is worn on the appropriate service ribbon for each credited campaign, including the Vietnam Service Medal.

19.  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.

DISCUSSION AND CONCLUSIONS:

1.  There are no orders for the Bronze Star Medal with "V" Device in the available records.  In the absence of corroborating evidence showing the applicant was awarded this medal by proper authority, the award certificate provided by the applicant is not sufficient as a basis for adding the Bronze Star Medal with "V" Device to his DD Form 214.

2.  He was honorably released from active duty in the rank of specialist four with nearly 2 years of total active service and no lost time.  He received all "excellent" conduct and efficiency ratings throughout his service and he had no record of any disciplinary action or a commander's disqualification.  It appears he met the eligibility criteria for the first award of the Army Good Conduct Medal for the period 8 May 1968 through 11 April 1970 based on completion of a period of qualifying service ending with the termination of a period of Federal military service.  Therefore, he should be awarded the first award of the Army Good Conduct Medal and his DD Form 214 should be corrected to show this award.

3.  The evidence shows he completed the 3-week MACV Recondo School in April 1969.  Therefore, item 25 of his DD Form 214 should be corrected to show this training.

4.  The diploma provided by the applicant which shows he completed the 3-week Airborne Course in 1968 is accepted as sufficient evidence on which to base adding this course to his DD Form 214.

5.  His DD Form 398 shows he recorded his SSN as "XXX-XX-0496" in May 1968.  Therefore, it would be appropriate to correct his DD Form 214 to reflect his SSN as "XXX-XX-0496."

6.  He participated in two campaigns during his assignments in Vietnam which entitles him to the Vietnam Service Medal with two bronze service stars.  His DD Form 214 should be corrected to show these service stars.

7.  The Republic of Vietnam Gallantry Cross with Palm Unit Citation was awarded to all units that served in Vietnam.  The applicant served in Vietnam during a qualifying period; therefore, he is entitled to correction of his DD Form 214 to show this unit award.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____X____  ___X_____  ___X_____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined the evidence presented is 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:

	a.  awarding him the first award of the Army Good Conduct Medal for the period 8 May 1968 through 11 April 1970;

	b.  deleting the current SSN from his DD Form 214 and replacing it with the SSN shown on his DD Form 398;

	c.  adding award of the Army Good Conduct Medal, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and two bronze service stars for his previously-awarded Vietnam Service Medal to his DD Form 214; and

	d.  adding the entries "Airborne Course, 3 Weeks, 1968" and "MACV Recondo School, 3 Weeks, 1969" to item 25 of his DD Form 214.

2.  The Board further determined 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 adding award of the Bronze Star Medal with "V" Device to his DD Form 214.



      _____________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)                                         AR20130005324



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ABCMR Record of Proceedings (cont)                                         AR20130005324



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