IN THE CASE OF:	  

		BOARD DATE:	  4 February 2014

		DOCKET NUMBER:  AR20130008737 


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 two awards of the Bronze Star Medal. 

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

3.  The applicant provides:

* DD Form 214
* Certificate showing award of the Bronze Star Medal for heroism on 25 July 1969
* Certificate showing award of the Bronze Star Medal for heroism on 2 June 1969
* Citation for award of the Bronze Star Medal for service from February 1969 to February 1970
* 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's records show he was inducted into the Army of the United States on 20 March 1968 and he held military occupational specialty 11B (Light Weapons Infantryman).  

3.  Special Orders (SO) Number 115, issued by Headquarters, U.S. Army Training Center, Fort Bliss, TX, on 10 May 1968, awarded him the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14).

4.  SO Number 163, issued by Headquarters, Fort Polk, LA, on 27 June 1968, awarded him the Sharpshooter Marksmanship Qualification Badge with Machine Gun Bar (M-60). 

5.  He served in Vietnam from on or about 13 February 1969 to 9 February 1970. He was assigned to:

* Company B, 1st Battalion, 8th Cavalry Regiment, 1st Cavalry Division, from on or about 18 February 1969 to 11 October 1969
* Headquarters and Headquarters Company, 3rd Brigade, 1st Cavalry Division, from 12 October 1969 to 9 February 1970 

6.  Headquarters, 1st Cavalry Division, published the following General/Special Orders (GO/SO): 

* SO Number 182, on 1 July 1969, awarding him the Combat Infantryman Badge
* GO Number 10318, on 23 August 1969, awarding him the Bronze Star Medal with "V" Device for heroism on 25 July 1969
* GO Number 11922, on 28 September 1969, awarding him the Air Medal for meritorious achievement from 13 February to 29 August 1969
* GO Number 16647, on 26 December 1969, awarding him the Bronze Star Medal for meritorious service from February 1969 to February 1970
* GO Number 739, on 13 January 1970, amending GO Number 16781, dated December 1969, to show the Air Medal (1st Oak Leaf Cluster)



7.  He was honorably released from active duty in the rank/grade of staff sergeant (SSG)/E-6 on 12 February 1970.  He completed 1 year, 10 months, and 23 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
* Bronze Star Medal with "V" Device
* Air Medal

8.  A review of the applicant's service record shows:

	a.  He accepted nonjudicial punishment (NJP) under the provisions of Article 15 of the Uniform Code of Military Justice on 27 September 1968 for being disrespectful to a superior noncommissioned officer. 

	b.  His DA Form 137 (Installation Clearance Record) upon departure from Vietnam indicates he was assigned an "excellent' conduct and efficiency ratings. Additionally, item 38 (Record of Assignments) of his DA Form 20 (Enlisted Qualification Record) shows he received "excellent" conduct and efficiency ratings throughout his military service.

9.  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.

10.  Department of the Army (DA) Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows during his service with Company B, 1st Battalion, 8th Cavalry, from on or about 18 February 1969 to 11 October 1969, this unit was cited for awards of the:

* Republic of Vietnam Gallantry Cross with Palm Unit Citation for service from 9 August 1965 to 19 May 1969, based on Department of the Army General Order (DAGO) Number 59, dated 1969
* Republic of Vietnam Gallantry Cross with Palm Unit Citation for service from May 1969 to February 1970, based on DAGO Number 11, dated 1973
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for service from 1 January 1969 to 1 February 1970, based on DAGO 42, dated 1972
11.  DA Pamphlet 672-3 shows during his service with Headquarters and Headquarters Company, 3rd Brigade, 1st Cavalry Division, from 12 October 1969 to 9 February 1970 this unit was cited for awards of the:

* Republic of Vietnam Gallantry Cross with Palm Unit Citation for service from 17 September 1965 to 30 June 1972, based on DAGO Number 54, dated 1974
* Republic of Vietnam Gallantry Cross with Palm Unit Citation for service from May 1969 to February 1970, based on DAGO Number 11, dated 1973
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for service from 1 January 1969 to 1 February 1970, based on DAGO 42, dated 1972

12.  DA Pamphlet 672-3 states not more than one Republic of Vietnam Gallantry Cross Unit Citation (or Republic of Vietnam Civil Actions Honor Medal First Class 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.

13.  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 VI   2 November 1968 - 22 February 1969
* Tet 69/Counteroffensive, 23 February - 8 June 1969
* Vietnam Summer - Fall 1969, 9 June - 31 October 1969
* Vietnam Winter - Spring 1970, 1 November 1969 - 30 April 1970

DISCUSSION AND CONCLUSIONS:

1.  GO awarded the applicant two awards of the Bronze Star Medal, one with a "V" Device for heroism.  His DD Form 214 did not list both awards.  Therefore, he is entitled to correction of his DD Form 214 to show both awards.  

2.  GO awarded the applicant two awards of the Air Medal.  His DD Form 214 only listed one award.  Therefore, he is entitled to correction of his DD Form 214 to show both awards.  

3.  SO awarded the applicant the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14) and the Sharpshooter Marksmanship Qualification Badge with Machine Gun Bar (M-60).  Therefore, he is entitled to correction of his DD Form 214 to show both badges. 

4.  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.

5.  GO awarded his units in Vietnam four awards of the Republic of Vietnam Gallantry Cross with Palm Unit Citation and two awards of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation during his period of service in Vietnam.  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.  Therefore, his DD Form 214 should be corrected to show the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation. 

6.  He served honorably during the period 20 March 1968 through 12 February 1970.  He attained the rank of SSG/E-6, served in Vietnam, and received "excellent" conduct and efficiency ratings throughout his military service.  Although he received NJP for a minor offense, absent any other 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.

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:

* deleting from his DD Form 214 the Air Medal, Vietnam Service Medal, and Bronze Star Medal with "V" Device
* awarding him the Army Good Conduct Medal (1st Award) for exemplary behavior, efficiency, and fidelity during the period 20 March 1968 through 12 February 1970
* adding the following awards to his DD Form 214:

* Army Good Conduct Medal (1st Award)
* Bronze Star Medal (2nd Award) and "V" Device
* Air Medal (2nd Award)
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation
* Vietnam Service Medal with four service stars
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)
* Sharpshooter Marksmanship Qualification Badge with Machine Gun Bar (M-60)




      _______ _   _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)                                         AR20130008737



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ABCMR Record of Proceedings (cont)                                         AR20130008737



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