BOARD DATE:	  4 February 2014

		DOCKET NUMBER:  AR20130008941 


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 reconsideration of his previous request for correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show the Bronze Star Medal.

2.  The applicant states, in effect, he is providing new evidence that was not previously considered.

3.  The applicant provides his DD Form 214, orders, a citation, a letter, and an Army Board for Correction of Military Records (ABCMR) Record of Proceedings (ROP).

CONSIDERATION OF EVIDENCE:

1.  Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the ABCMR in Docket Number AR20100029504 on 21 June 2011.

2.  As new evidence, the applicant provides General Orders (GO) Number 7906, dated 22 October 1968, issued by Headquarters (HQ), 101st Airborne Division, awarding him the Bronze Star Medal for meritorious service in Vietnam from 1 January to 31 August 1968.

3.  The applicant enlisted in the Regular Army on 18 October 1965 and he held military occupational specialty 95B (Military Policeman (MP)).  He served in Vietnam from 3 December 1967 to 6 October 1968 while assigned to the 101st MP Company, 101st Airborne Division.

4.  He was honorably released from active duty on 6 October 1968 and he was transferred to the U.S. Army Reserve.  He completed 2 years, 11 months, and 19 days of creditable active service with no lost time.

5.  The DD Form 214 he was issued shows the:

* National Defense Service Medal
* Vietnam Campaign Medal with Device (1960)
* Army Commendation Medal
* Vietnam Service Medal

6.  His records are void of orders awarding him the Bronze Star Medal.

7.  Item 38 (Record of Assignments) of his DA Form 20 (Enlisted Qualification Record) shows he received all "excellent" conduct and efficiency ratings throughout his service.  

8.  Item 41 (Awards and Decorations) of his DA Form 20 shows the Parachutist Badge, Marksman Marksmanship Qualification Badge with Rifle Bar (M-14), Expert Marksmanship Qualification Badge with Rifle Bar (M-16), and the Expert Marksmanship Qualification Badge with Pistol Bar.

9.  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).

10.  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.

11.  Army Regulation 600-8-22 (Military Awards) states the 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 four campaigns.

12.  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 the 101st MP Company was cited for award of the: 

* Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 19 July 1968 through 14 May 1969, by DAGO Number 43, dated 1970
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 18 March 1968 through 2 May 1970, by DAGO Number 4, dated 1971

DISCUSSION AND CONCLUSIONS:

1.  The applicant has provided GO that confirm he was awarded the Bronze Star Medal during his service in Vietnam.  Therefore, it would be appropriate to correct his DD Form 214 to show this award.

2.  The evidence of record confirms he served honorably from 18 October 1965 to 6 October 1968.  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.  The evidence of record shows he was awarded the Parachutist Badge, Marksman Marksmanship Qualification Badge with Rifle Bar (M-14), Expert Marksmanship Qualification Badge with Rifle Bar (M-16), and the Expert Marksmanship Qualification Badge with Pistol Bar, none of which are shown on his DD Form 214.  Therefore, he is entitled to the correction of his DD Form 214 to show these badges.

4.  His record confirms during his service in Vietnam he participated in four campaigns.  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 accordingly.

5.  His unit in Vietnam was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation and award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation during his period of assignment.  Therefore, his DD Form 214 should be corrected to show 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 amendment of the ABCMR’s decision in Docket Number AR20100029504, dated 21 June 2011.  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 18 October 1965 through 6 October 1968
* deleting from his DD Form 214 the Vietnam Service Medal
* adding to his DD Form 214 the:

* Bronze Star Medal
* Army Good Conduct Medal (1st Award)
* Parachutist Badge
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-14)
* Expert Marksmanship Qualification Badge with Rifle Bar (M-16)
* Expert Marksmanship Qualification Badge with Pistol Bar
* Vietnam Service Medal with four bronze service stars
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal with First Class 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)                                         AR20130008941





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ABCMR Record of Proceedings (cont)                                         AR20130008941



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