BOARD DATE:	  27 February 2014

		DOCKET NUMBER:  AR20130011485 


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 award of the Bronze Star Medal (2nd Award) and "V" Device.

2.  He states he is proud to have earned his Bronze Star Medals and would like them added to his DD Form 214 for future reference.

3.  He provides two Bronze Star Medal Certificates 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.  On 20 April 1966, the applicant was inducted into the Army of the United States.  After completing initial entry training, he was awarded military occupational specialty 11B (Light Weapons Infantryman).

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

* item 29 (Qualification in Arms), the following weapons qualifications –

* Expert – M-14 rifle
* Sharpshooter – M-16 automatic rifle
* Second Class Gunner (currently known as Marksman) – M-60 machine gun

* item 31 (Foreign Service), he was credited with service in Vietnam from 1 November 1966 through 31 October 1967
* item 38 (Record of Assignments), he was assigned to –

* Company D, 5th Battalion, 7th Cavalry, 1st Cavalry Division (Airmobile), from 4 to 13 November 1966
* Company B, 2d Battalion, 7th Cavalry, 1st Cavalry Division (Airmobile), from 14 November 1966 to 28 October 1967

* item 38, he received all "excellent" conduct and efficiency ratings

4.  Headquarters, 1st Cavalry Division (Airmobile), issued:

* General Orders Number 5510, dated 16 September 1967, announcing award of the Bronze Star Medal to the applicant for his meritorious service from October 1966 to October 1967
* General Orders Number 639, dated 31 January 1968, announcing award of the Bronze Star Medal with "V" Device to the applicant for his heroism on 5 October 1967

5.  On 19 April 1968, he was honorably released from active duty in the rank/grade of sergeant (SGT)/E-5 after completing 2 years of total active service.  His DD Form 214 shows he was awarded or authorized the following:

* National Defense Service Medal
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* Combat Infantryman Badge


* Air Medal
* two overseas service bars

6.  His record is void of documentation showing he was the subject of any disciplinary action throughout his service.  This is also no evidence of a commander's disqualification that would have precluded him from being recommended for or awarded the first award of the Army Good Conduct Medal.

7.  A review of his records indicates entitlement to additional awards not shown on his DD Form 214.

8.  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 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.

9.  Army Regulation 600-8-22 (Military Awards) contains the regulatory guidance for award of the Vietnam Service Medal.  A bronze service star is authorized with this award 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 two campaigns:  Vietnam Counteroffensive Phase II (1 July 1966-31 May 1967) and Vietnam Counteroffensive Phase III (1 June 1967-29 January 1968).

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:

* 2d Battalion, 7th Cavalry, was cited for award of the Presidential Unit Citation for the period 25 August 1966 to 4 April 1967 in Department of the Army General Orders Number 2, dated 1973
* Company B, 2d Battalion, 7th Cavalry, was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 17 November 1965 to 19 May 1969 in Department of the Army General Orders Number 59, dated 1969





DISCUSSION AND CONCLUSIONS:

1.  General orders awarded the applicant the Bronze Star Medal and Bronze Star Medal with "V" Device.  Therefore, he is entitled to correction of his DD Form 214 to show the Bronze Star Medal (2nd Award) and "V" Device.

2.  He received all "excellent" conduct and efficiency ratings during his service.  He was promoted to SGT/E-5 and there is no record of any disciplinary action taken against him.  There is also no evidence of a commander's disqualification for award of the Army Good Conduct Medal.  Based on his overall record of service, it appears that an administrative error occurred resulting in the applicant not being recommended for or awarded the first award of 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 20 April 1966 through 
19 April 1968 and to correct his DD Form 214 to show this award.

3.  The evidence shows he participated in two campaigns during his service in Vietnam which entitles him to two bronze service stars for wear on his already-awarded Vietnam Service Medal.  Therefore, his DD Form 214 should be corrected to show these bronze service stars.

4.  Based on his weapons qualifications, he is entitled to correction of his DD Form 214 to show the:

* Expert Marksmanship Qualification Badge with Rifle Bar
* Sharpshooter Marksmanship Qualification Badge with Automatic Rifle Bar
* Marksman Marksmanship Qualification Badge with Machine Gun Bar

5.  He served in units during periods for which they were cited for award of the Presidential Unit Citation and Republic of Vietnam Gallantry Cross with Palm Unit Citation.  He is entitled to correction of his DD Form 214 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 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 20 April 1966 through 19 April 1968,

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

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

* Bronze Star Medal (2nd Award) and "V" Device
* Army Good Conduct Medal (1st Award)
* Vietnam Service Medal with two bronze service stars
* Presidential Unit Citation
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Expert Marksmanship Qualification Badge with Rifle Bar
* Sharpshooter Marksmanship Qualification Badge with Automatic Rifle Bar
* Marksman Marksmanship Qualification Badge with Machine Gun Bar




      ___________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)                                         AR20130011485



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20130011485



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1