BOARD DATE:	  20 February 2014

		DOCKET NUMBER:  AR20130010272 


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 (BSM) with "V" Device (1st Oak Leaf Cluster) (OLC), Army Commendation Medal (ARCOM) (1OLC), and completion of the Military Assistance Command, Vietnam (MACV), Reconnaissance and Commando (RECONDO) School.

2.  The applicant states that he earned the awards and completed the training, and the information should be recorded on his DD Form 214.

3.  The applicant provides copies of his BSM, ARCOM, and Air Medal (AM) award documents, a training certificate, and his 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 on 20 September 1967.  He was awarded military occupational specialty 11B (Light Weapons Infantryman). 

3.  The applicant's DA Form 20 (Enlisted Qualification Record) shows in:

   a.  item 27 (Military Education), no entries (i.e., is blank);

	b.  item 31 (Foreign Service), service in Vietnam from 8 May 1968 through
7 May 1969;
   
   c.  item 33 (Appointments and Reductions), promoted to sergeant (SGT)/pay grade E-5 with a date of rank of 6 April 1969;

	d.  item 38 (Record of Assignments):

* Company F, 52nd Infantry, 1st Infantry Division, from 17 May 1968 through 27 February 1969
* Company I (Ranger), 75th Infantry, 1st Infantry Division, from 
28 February through 3 May 1979

   e.  item 39 (Campaigns), no entries (i.e., is blank); and 

	f.  item 41 (Awards and Decorations):

* National Defense Service Medal (NDSM)
* Vietnam Service Medal (VSM)
* Combat Infantryman Badge (CIB)
* Republic of Vietnam (RVN) Campaign Medal with Device (1960)
* RVN Gallantry Cross with Palm Unit Citation
* BSM (1st OLC)
* AM
* two Overseas Service Bars
* Expert Marksmanship Qualification Badge

4.  A review of the applicant's military personnel records revealed the following general orders (GO) issued by Headquarters, 1st Infantry Division:

* GO Number 3257, dated 1 May 1969, that awarded him the BSM with "V" Device for heroism on 22 February 1969
* GO Number 2075, dated 26 March 1969, that awarded him the 
BSM (1st OLC) for meritorious service from May 1968 to May 1969
* GO Number 2597, dated 10 April 1969, that awarded him the AM for meritorious achievement from 19 June 1968 to 2 March 1969

5.  The applicant's DD Form 214 shows he was honorably released from active duty on 7 May 1969.

	a.  He had completed 1 year, 7 months, and 18 days of net active service that included 1 year of foreign service.

	b.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) shows the:

* CIB
* BSM
* RVN Campaign Medal with Device (1960)
* two Overseas Service Bars
* AM
* Expert Marksmanship Qualification Badge with (M-14) Rifle Bar
* NDSM
* VSM
* RVN Gallantry Cross with Palm Unit Citation

   c.  Item 25 (Education and Training Completed) does not list the MACV RECONDO School.

6.  A review of the applicant's military personnel records failed to reveal any orders or other evidence that shows he was awarded the ARCOM or that he completed MACV RECONDO training.

7.  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, revealed a copy of Headquarters, 1st Infantry Division, GO Number 2871, dated 20 April 1969, that awarded him the ARCOM (1st OLC) for meritorious achievement from 15 March to 30 March 1969.

8.  In support of his application the applicant provides a copy of a Headquarters, 5th Special Forces Group (Airborne) Certificate that shows he completed MACV RECONDO School in July 1968.

9.  A review of the applicant's military personnel records reveals he may be entitled to additional awards that are not shown on his DD Form 214.
10.  Headquarters, U.S. Army Training Center, Infantry, Fort Polk, LA, Special Orders Number 063, dated 11 March 1968, awarded the applicant the Marksman Marksmanship Qualification Badge with (M-60) Machinegun Bar.

11.  Item 38 of the applicant's DA Form 20 and a DA Form 137 (Installation Clearance Record), dated 4 May 1969, show he received all "excellent" conduct and efficiency ratings throughout the period of his military service.  A review of the applicant's military personnel records failed to reveal evidence of any disciplinary actions, adverse information, or a commander's disqualification that would have precluded him from being recommended for or awarded the Army Good Conduct Medal (1st Award). 

12.  Army Regulation 672-5-1 (Awards), in effect at the time, stated the Army Good Conduct Medal was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940; for first award only, 1 year served entirely during the period 7 December 1941 to 2 March 1946; and, for the first award only, upon termination of service on or after 27 June 1950 of less than 3 years but more than 1 year.  The enlisted person must have had all "excellent" conduct and efficiency ratings.  There must have been no convictions by a court-martial.  

13.  Army Regulation 600-8-22 (Military Awards) provides policy, criteria, and administrative instructions concerning military awards and decorations.  

   a.  Paragraph 2-13 contains the regulatory guidance on the VSM.  It states a bronze service star is authorized with this award for each Vietnam campaign a member is credited with participating in.

   b.  Appendix B shows that during his service in Vietnam, the applicant participated in the following four campaigns:

* Vietnam Counteroffensive Phase IV (2 April - 30 June 1968)
* Vietnam Counteroffensive Phase V (1 July - 1 November 1968)
* Vietnam Counteroffensive Phase VI (2 November 1968 - 22 February 1969)
* Tet Counteroffensive 1969 (23 February - 8 June 1969)

14.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam.

	a.  It shows Company F, 52nd Infantry, was cited for award of the RVN Civil Actions Honor Medal First Class Unit Citation for the period 20 December 1967 through July 1968 by Department of the Army General Orders (DAGO) Number 53 (1970), as amended by DAGO Number 48 (1971).

	b.  It shows Company I (Ranger), 75th Infantry, was cited for award of the RVN Civil Actions Honor Medal First Class Unit Citation for the period February 1969 through 7 April 1970 by DAGO Number 53 (1970).

15.  Army Regulation 635-5 (Personnel Separations - Separation Documents), in effect at the time, prescribes policies and procedures regarding separation documents.  It also establishes standardized policy for preparing and distributing the DD Form 214.  This Army regulation states that the purpose of a separation document is to provide the individual with documentary evidence of their military service at the time of separation.  Therefore, it is important the information entered thereon is complete and accurate as of that date.  Section III (Instructions for Preparation and Distribution of the Armed Forces of the United States Report of Transfer or Discharge) contains guidance on the preparation of the DD Form 214.  It states, in pertinent part, that all available records will be used as a basis for the preparation of the DD Form 214, including the Enlisted Qualification Record, Officer Qualification Record, and orders.  It shows for:

   a.  item 24, list all decorations, service medals, campaign medals, and badges awarded or authorized, omitting authorities cited therein; and

   b.  item 25, enter installation training course (qualification courses), military correspondence courses, and off-duty courses the enlisted Soldier has completed successfully during the period covered by the DD Form 214.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 should be corrected to show award of the BSM with "V" Device (1st OLC), ARCOM (1st OLC), and completion of MACV RECONDO School.

2.  The evidence of record shows the applicant successfully completed training at MACV RECONDO School in July 1968.  Therefore, it would be appropriate to correct his records to show completion of this training.

3.  The evidence of record shows:

	a.  GOs awarded the applicant the BSM with "V" Device and BSM (1st OLC);

   b.  GOs awarded the applicant the ARCOM (1st OLC);

	c.  the applicant qualified for award of the VSM and he served in four campaigns during his service in Vietnam.  Thus, he is entitled to four bronze service stars for wear on his already-awarded VSM;

	d.  GOs awarded the applicant's units the RVN Civil Actions Honor Medal First Class Unit Citation (two awards); and

   e.  special orders awarded him the Marksman Marksmanship Qualification Badge with (M-60) Machinegun Bar.

4.  The applicant served a period of continuous, honorable active duty enlisted service from 20 September 1967 through 7 May 1969.

   a.  He was promoted to SGT (E-5) with less than 19 months of active service and he received all "excellent" conduct and efficiency ratings during his service.

   b.  He was awarded the BSM and ARCOM (two awards, each) the AM, and the CIB during the period of active duty service under review.

   c.  There is no evidence of any disciplinary actions, adverse information, or a commander's disqualification for the first award of the Army Good Conduct Medal.

   d.  Based on the available evidence, it would be appropriate at this time to award the applicant the Army Good Conduct Medal (1st Award) for the period
20 September 1967 through 7 May 1969.

5.  In view of the foregoing, it would be appropriate to correct the applicant's  
DD Form 214, as recommended below.

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:
   
   a.  awarding him the Army Good Conduct Medal (1st Award) for the period
20 September 1967 through 7 May 1969 (Standard Name Line:  SGT  Company I (Ranger), 75th Infantry, 1st Infantry Division);

   b.  deleting from item 24 of his DD Form 214 the:

* "Bronze Star Medal"
* "Viet Nam Service Medal"

	c.  adding to item 24 of his DD Form 214 the:

* Bronze Star Medal with "V" Device (1st Oak Leaf Cluster)
* Army Commendation Medal (1st Oak Leaf Cluster)
* Army Good Conduct Medal (1st Award)
* Vietnam Service Medal with 4 bronze service stars
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation (2nd Award)
* Marksman Marksmanship Qualification Badge with (M-60) Machinegun Bar

	d.  adding to item 25 of his DD Form 214:  "MACV RECONDO School."




      _______ _   _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)                                         AR20130010272



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20130010272



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1