IN THE CASE OF:	   

		BOARD DATE:	  12 February 2014

		DOCKET NUMBER:  AR20130008916 


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, in effect, correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show award of the Bronze Star Medal.

2.  He states, in effect, that although he was awarded the Bronze Star Medal an administrative error resulted in omission of the award from his DD Form 214.

3.  He provides his DD Form 214 and a Bronze Star Medal Certificate.

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 29 November 1967.  He completed training and was awarded military occupational specialty 11B (Light Weapons Infantryman).

3.  His DA Form 20 (Enlisted Qualification Record) shows in:

	a.  item 31 (Foreign Service), he served in the Republic of Vietnam from 13 May 1968 through 11 May 1969.

	b.  item 38 (Record of Assignments), while in Vietnam he was assigned as an Automatic Rifleman, a Rifleman, and a Team Leader to Company B, 3rd Battalion (Airborne), 506th Infantry Regiment.

	c.  item 38, he received all "excellent" conduct and efficiency ratings throughout his service.

	d.  item 40 (Wounds), he sustained a fragmentation wound to his left upper arm on 21 September 1969.

4.  His record contains Headquarters, 101st Airborne Division, General Orders Number 4440, dated 10 May 1969, which awarded him the Bronze Star Medal for meritorious service in the Republic of Vietnam from 1 August 1968 to 31 March 1969.  The applicant provides a copy of the certificate that was presented to him in commemoration of this award.

5.  On 28 November 1969, he was honorably released from active duty in the rank/grade of sergeant (SGT)/E-5.  He completed 2 years of total active service.

6.  His DD Form 214 shows he was awarded or authorized the:

* National Defense Service Medal
* Army Commendation Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* Vietnam Service Medal with two bronze service stars
* Expert Marksmanship Qualification Badge with Pistol and 106 Millimeter Recoilless Rifle Bars
* 1st Class Gunner Marksmanship Qualification Badge with Rifle Bar

7.  There is no evidence of any disciplinary actions or a commander's disqualification that would have precluded him from being recommended for or awarded the first award of the Army Good Conduct Medal.

8.  Army Regulation 672-5-1 (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.

9.  Army Regulation 600-8-22 (Military Awards) contains the regulatory guidance for award of the Vietnam Service Medal.  It states a bronze service star is authorized with this award for each Vietnam campaign in which a member is credited with participating.  Appendix B shows that during his service in Vietnam, participation credit was awarded for the following four campaigns:

* Vietnam Counteroffensive, Phase IV
* Vietnam Counteroffensive, Phase V
* Vietnam Counteroffensive, Phase VI
* TET 69 Counteroffensive

10.  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 the unit to which the applicant was assigned was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation in Department of the Army General Orders (DAGO) Number 43, dated 1970.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention was carefully considered and determined to have merit.

2.  General orders awarded the applicant the Bronze Star Medal.  Therefore, his DD Form 214 should be corrected to show this award.

3.  The evidence of record shows the applicant completed a period of honorable service wherein he received all "excellent" conduct and efficiency ratings with no convictions by a court-martial.  Additionally, there is no evidence he was disqualified by his chain of command from receiving the Army Good Conduct Medal.  Therefore, it would be appropriate at this time to award him the Army Good Conduct Medal (1st Award) for the period 29 November 1967 through 28 November 1969 and to correct his DD Form 214 to show this award.

4.  Records show the applicant participated in four campaigns while serving in the Republic of 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 this correction.

5.  His unit in Vietnam was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  Therefore, this unit award should be added to his DD Form 214.

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:

	a.  awarding him the Army Good Conduct Medal (1st Award) for the period 29 November 1967 through 28 November 1969,

	b.  deleting the Vietnam Service Medal from his DD Form 214, and

	c.  adding the following awards to his DD Form 214:

* Bronze Star Medal
* Army Good Conduct Medal (1st Award)
* Vietnam Service Medal with four bronze service stars
* Republic of Vietnam Gallantry Cross with Palm Unit Citation



      ____________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)                                         AR20130008916





3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20130008916



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1