IN THE CASE OF:	  

		BOARD DATE:	  12 December 2013

		DOCKET NUMBER:  AR20130006598 


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 with "V" Device and the Expert Marksmanship Qualification Badge with Rifle Bar (M-16).

2.  The applicant states he was awarded two awards of the Bronze Star Medal, one of which was with the "V" Device.

3.  The applicant provides his DD Form 214, a letter, orders, and a newspaper article.

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 15 September 1969 and he held military occupational specialty 91B (Medical Specialist).  

3.  Special Orders (SO) Number 319, dated 15 November 1969, issued by Headquarters (HQ), U.S. Army Training Center, Infantry and Fort Lewis, Fort Lewis, WA, awarded him the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14), effective 31 October 1969.

4.  He served in Vietnam from 11 March 1970 to 17 April 1971 while assigned to HQ & HQ Company (HHC), 1st Battalion, 11th Infantry Brigade, 5th Infantry Division.

5.  The applicant provides and his records contain General Orders (GO) Number 1841, dated 9 October 1970, awarding him the Bronze Star Medal with "V" Device for heroism in action in Vietnam on 10 August 1970.

6.  He was honorably released from active duty on 18 April 1971 and he was transferred to the U.S. Army Reserve.  He completed 1 year, 7 months, and 4 days of creditable active service with no lost time.

7.  The DD Form 214 he was issued shows award of the:

* National Defense Service Medal
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)
* Purple Heart
* Combat Medical Badge
* Bronze Star Medal
* Vietnam Service Medal

8.  His records do not contain orders for the second award of the Bronze Star Medal or for the Expert Marksmanship Qualification Badge with Rifle Bar (M-16).

9.  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 a second award of the Bronze Star Medal pertaining to the applicant.

10.  Item 28 (Specialized Training) of his DA Form 20 (Enlisted Qualification Record) shows he received "M-16 rifle training" on 12 November 1969.  Item 29 (Qualification in Arms) of this form shows he qualified as sharpshooter with the M-14 rifle on 31 October 1969.
11.  Item 38 (Record of Assignments) of his DA Form 20 shows he received all "excellent" conduct and efficiency ratings throughout his service.  Item 41 (Awards and Decorations) of this form shows the Bronze Star Medal with "V" Device.  It does not show a second award of the Bronze Star Medal.

12.  His records are void of any derogatory information, convictions by a court-martial, or a commander's disqualification that would have precluded him from being awarded the Army Good Conduct Medal (1st Award).

13.  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.

14.  Army Regulation 600-8-22 (Military Awards) states the:

   a.  Vietnam Service Medal is awarded to all members of the Armed Forces of the United States for qualifying service in Vietnam after 3 July 1965 through 28 March 1973.  A bronze service star is authorized with this award for each Vietnam campaign a member is credited with participating in.  A review of his records shows that during his service in Vietnam he participated in three campaigns.
   
   b.  Republic of Vietnam Campaign Medal with Device 1960 was awarded by the Government of Vietnam to all members of the Armed Forces of the United States for qualifying service in Vietnam during the period 1 March 1961 through 28 March 1973.  Qualifying service included assignment in Vietnam for 6 months or more.  
   
   c.  Bronze Star Medal is awarded in time of war for heroism and for meritorious achievement or service.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.
   
15.  Department of the Army (DA) Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam.  This pamphlet shows HHC, 1st Battalion, 11th Infantry Brigade was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 31 March through 30 June 1970, by DAGO Number 42, dated 1972.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record confirms GO awarded the applicant the Bronze Star Medal with “V” Device while his DD Form 214 shows the Bronze Star Medal.  Therefore, he is entitled to correction of his DD Form 214 to properly show this award.

2.  The evidence of record confirms he served honorably from 15 September 1969 to 18 April 1971.  He served with distinction in Vietnam and he received all “excellent” conduct and efficiency ratings throughout his service.  His record is void of a commander's disqualification or any derogatory information that would have disqualified him from receiving the Army Good Conduct Medal (1st Award).  Therefore, it would be appropriate to award him this medal and correct his DD Form 214 to show the medal.

3.  His record confirms that during his service in Vietnam he participated in three campaigns and he served during a qualifying period for award of the Republic of  Vietnam Campaign Medal with Device 1960.  Therefore, he is entitled to the Republic of Vietnam Campaign Medal with Device 1960 and three bronze service stars for wear on his already-awarded Vietnam Service Medal and correction of his DD Form 214 accordingly.

4.  GO awarded his unit in Vietnam the Republic of Vietnam Gallantry Cross with Palm Unit Citation during the period he was assigned to the unit.  Therefore, he is entitled to correction of his DD Form 214 to show this unit award.

5.  With respect to the second award of the Bronze Star Medal, the governing Army regulation states that formal recommendations, approval through the chain of command, and announcement in orders are required for personal decorations, which include the Bronze Star Medal.  The record does not contain any evidence and the applicant has not provided any evidence that shows he was awarded a second Bronze Star Medal.  Regrettably, in the absence of order, there is insufficient evidence to correct his DD Form 214 to show a second award of the Bronze Star Medal.

6.  With respect to the Expert Marksmanship Qualification Badge with Rifle Bar (M-16), although the evidence of record shows he received training on the M-16 rifle there is no evidence and he has not provided any evidence that shows he qualified expert or otherwise with the M-16 rifle for entitlement to this badge.  Therefore, there is an insufficient evidentiary basis for granting this portion of his requested relief.


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:

* awarding him the Army Good Conduct Medal (1st Award) for exemplary behavior, efficiency, and fidelity during the period 15 September 1969 through 18 April 1971
* deleting from his DD Form 214 the Vietnam Service Medal and the Bronze Star Medal
* adding to his DD Form 214 the:

* Army Good Conduct Medal (1st Award)
* Bronze Star Medal with “V” Device
* Vietnam Service Medal with three bronze service stars
* Republic of Vietnam Campaign Medal with Device 1960
* 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 the second award of the Bronze Star Medal and the Expert 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)                                         AR20130006598





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ABCMR Record of Proceedings (cont)                                         AR20130006598



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