BOARD DATE:	  31 December 2013

		DOCKET NUMBER:  AR20130007812 


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 add the Bronze Star Medal and the Army Commendation Medal.

2.  The applicant states the awards were not received at the processing station; therefore, they are not included on his DD Form 214.

3.  The applicant provides:

* General Orders (GO) Number 2304, dated 8 April 1970
* GO Number 2643, dated 28 April 1970
* Certificate and citation for award of the Army Commendation Medal, dated 1 May 1970
* Certificate and citation for award of the Bronze Star Medal, dated 3 May 1970
* 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 10 October 1968 and held military occupational specialty 11B (Light Weapons Infantryman).  The highest rank/grade he attained while serving on active duty was sergeant (SGT)/E-5.

3.  Special Orders (SO) Number 341, issued by U.S. Army Training Center, Fort Leonard Wood, MO, on 6 December 1968 awarded him the Expert Marksmanship Qualification Badge with Rifle Bar (M-14) and the Expert Marksmanship Qualification Badge with Rifle Bar (M-16).

4.  His DA Form 20 (Enlisted Qualification Record) shows he was assigned to Vietnam from 17 March 1969 to 14 May 1970 and served with Company B, 2nd Battalion, 8th Infantry Regiment, 4th Infantry Division from 29 March 1969 to 
12 May 1970.

5.  GO Number 2304, issued by Headquarters, 4th Infantry Division, Vietnam, on 8 April 1970 awarded him the Army Commendation Medal.

6.  GO Number 2643, issued by Headquarters, 4th Infantry Division, Vietnam, on 28 April 1970 awarded him the Bronze Star Medal.

7.  He was honorably released from active duty on 16 May 1970.  His DD Form 214 shows he completed 1 year, 7 months, and 7 days of net active service, 
1 year and 2 months of which were credited as foreign service.  Additionally, it shows he was awarded or authorized the:

* National Defense Service Medal
* Vietnam Service Medal
* Vietnam Campaign Medal
* Army Good Conduct Medal
* Combat Infantryman Badge
* 2 overseas service bars
* Expert Marksmanship Qualification Badge with Rifle Bar (M-14)

8.  Army Regulation 600-8-22 (Military Awards), paragraph 2-13 contains the regulatory guidance on the Vietnam Service Medal and states a bronze service star is authorized with this award 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 four campaigns:

* TET 69 Counteroffensive (23 February 1969 - 8 June 1969)
* Vietnam Summer-Fall 1969 (9 June 1969 - 31 October 1969)
* Vietnam Winter-Spring 1970 (1 November 1969 - 30 April 1970)
* DA Sanctuary Counteroffensive (1 May 1970 - 30 June 1970)

9.  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 his unit was cited for award of the:

* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 1 October 1966 to 31 October 1969, in DAGO Number 53, dated 1970
* Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period:

* 1 October 1966 to 28 July 1969, in DAGO Number 3, dated 1970
* 29 July 1969 to 17 November 1970, in DAGO Number 52, dated 1971

10.  Department of the Army Pamphlet 672-states not more than one Republic of Vietnam Gallantry Cross Unit Citation will be worn by any individual.  Although multiple awards of this unit citation are not authorized for wear, official military and historical records will indicate all awards received.  However, in the case of duplicate awards covering the same period of time only one award will be recorded in official military and historical records.

DISCUSSION AND CONCLUSIONS:

1.  SO awarded him the Expert Marksmanship Qualification Badge with Rifle Bar (M-16); therefore, he is entitled to correction of his DD Form 214 to add this badge.  

2.  GO awarded him Bronze Star Medal and the Army Commendation Medal; therefore, he is entitled to correction of his DD Form 214 to add these awards.

3.  The evidence of record shows he participated in four campaigns while serving in Vietnam.  Therefore, he is entitled to correction of his DD Form 214 to show four bronze service stars affixed to his previously-awarded Vietnam Service Medal.


4.  GO awarded his unit in Vietnam the Republic of Vietnam Gallantry Cross with Palm Unit Citation (2nd Award) and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation; therefore, he is entitled to correction of his DD Form 214 to add these unit awards.

BOARD VOTE:

____X____  ___X_____  ____X____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

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 adding the following awards to his DD Form 214:

* Bronze Star Medal
* Army Commendation Medal
* four bronze service stars to be affixed to his previously-awarded Vietnam Service Medal
* Republic of Vietnam Gallantry Cross with Palm Unit Citation (2nd Award)
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation
* 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)                                         AR20130007812



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ABCMR Record of Proceedings (cont)                                         AR20130007812



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