IN THE CASE OF:	  

		BOARD DATE:  20 March 2014

		DOCKET NUMBER:  AR20130010877 


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 all awards to which he is authorized.

2.  The applicant states that there are awards that are not included on his 
DD Form 214.

3.  The applicant provides his Bronze Star Medal (BSM) orders and DD Form 214 for the period ending 12 June 1970.

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 military records show:

	a.  He was inducted into the Army of the United States on 13 June 1968.

	b.  He held military occupational specialties 11B (Light Weapons Infantryman), 62F (Crane Operator), and 62M (Rough Terrain Forklift and Loader Operator).

	c.  General Orders Number 10678, issued by the Headquarters, 101st Airborne Division (Airmobile), RVN, dated 18 August 1969, awarded him the BSM for meritorious service in connection with ground operations against a hostile force for the period 1 December 1968 to 31 July 1969.

	d.  He served in the RVN from 25 November 1968 to 4 November 1969.

	e.  He was assigned to the Headquarters and Headquarters Company, 326th Engineer Battalion (Airmobile) during his tour of duty in the RVN.

	f.  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.

	g.  He was honorably released from active duty on 12 June 1970 in the rank/pay grade of specialist four (SP4)/E-4.

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

* National Defense Service Medal
* RVN Campaign Medal with 1960 Device
* Army Commendation Medal 
* Expert Marksmanship Qualification Badge with (M-14) Rifle Bar
* Marksman Marksmanship Qualification Badge with (M-16) Rifle Bar and (M-60) Machine Gun Bar

4.  His DD Form 214 lists the "MAC ARL GC/WP" as an authorized award; however, the category of award cannot be determined from the available records.

5.  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 (AGCM) (1st Award).

6.  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, failed to reveal any additional award orders pertaining to the applicant.

7.  His name is not listed on the Vietnam casualty roster.

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) provides for the following awards:

	a.  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.  Qualifying service included attachment to or assignment for 1 or more days with an organization participating in or directly supporting military operations.

	b.  A bronze service star is authorized with Vietnam Service Medal 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 Vietnam Counteroffensive (Phase VI), Tet 69 Counteroffensive, Vietnam Summer-Fall 1969, and Vietnam Winter-Spring Campaigns.

10.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows that during his assignment in the RVN his unit was awarded the:

	a.  RVN Civil Actions Honor Medal, First Class Unit Citation for the period 
18 March 1968 to 2 May 1970 by Department of the Army General Orders (DAGO) Number 48, dated 1971; and 

	b.  RVN Gallantry Cross with Unit Palm Citation for the period 19 July 1968 to 14 May 1969, by DAGO 43, dated 1970.



DISCUSSION AND CONCLUSIONS:

1.  The applicant served honorably during the period 13 June 1968 through 
12 June 1970.  He completed a combat tour in the RVN, received "excellent" conduct and efficiency ratings throughout his military service, and attained the rank/grade of SP4/E-4.  His record is void of any derogatory information on file 
that would have disqualified him from award of the Army Good Conduct Medal.  Therefore, it would be appropriate to award him the first award of the Army Good Conduct Medal based on completion of a qualifying period of Federal military service.

2.  General orders awarded him the BSM for meritorious service in the RVN.  Therefore, is entitled to correction of his DD Form 214 to show this award.

3.  General orders awarded his unit the RVN Civil Actions Honor Medal, First Class Unit Citation and the RVN Gallantry Cross with Palm Unit Citation which are not shown on his records.

4.  He served a qualifying period for award of the Vietnam Service Medal.  Additionally, he participated in four campaigns while serving in the RVN.  Therefore, he is entitled to four bronze service stars to be affixed to the Vietnam Service Medal and correction of his DD Form 214 to show this award. 

5.  It would be appropriate to add the awards listed above 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 exemplary behavior, efficiency, and fidelity during the period 13 June 1968 through 
12 June 1970; and

	b.  adding the following awards to his DD Form 214 –

* Army Good Conduct Medal (1st Award)
* Bronze Star Medal
* Vietnam Service Medal with four bronze service stars
* RVN Civil Actions Honor Medal, First Class Unit Citation
* RVN 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)                                         AR20130010877





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ABCMR Record of Proceedings (cont)                                         AR20130010877



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