IN THE CASE OF:	  

		BOARD DATE:	  11 March 2014

		DOCKET NUMBER:  AR20130012705


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 (Report of Transfer or Discharge) to show his award of the Bronze Star Medal correctly.

2.  The applicant states he was awarded two Bronze Star Medals, one with the "V" Device.

3.  The applicant provides copies of his DD Form 214, orders for the Bronze Star Medal with "V" Device, and an award citation for the Bronze Star Medal with 1st Oak Leaf Cluster.

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 served on active duty from 15 July 1966 through 9 July 1968 in the military occupational specialty 54D (Chemical Equipment Repairman).  

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

   a.  promotion to sergeant (E-5);
   
   b.  service in Vietnam with Troops C and D, 1st Squadron, 4th Cavalry Regiment from 6 September 1967 through 5 July 1968;
   
   c.  conduct and efficiency ratings of “excellent”; and 
   
   d.  award of the Vietnam Service Medal, National Defense Service Medal, Bronze Star Medal with "V" Device, Republic of Vietnam Campaign Medal with Device (1960), and the Expert Marksmanship Qualification Badge with Rifle Bar (M-14). 
   
4.  His record includes orders for award of the Bronze Star Medal with "V" Device, the Expert Marksmanship Qualification Badge with Rifle Bar (M-14), and the Expert Marksmanship Qualification Badge with Rifle Bar (M-16).

5.  His DD Form 214 lists his awards as the National Defense Service Medal, Vietnam Service Medal, Vietnam Campaign Medal with Device (1960), and "W/V Device." 

6.  Headquarters, 1st Infantry Division General Orders Number 6393, dated 3 July 1968, awarded the applicant the Bronze Star Medal with first Oak Leaf Cluster for meritorious service from July 1967 to July 1968.
 
7.  The applicant's record contains no derogatory entries, disciplinary actions, nonjudicial punishment, or courts-martial that would suggest he was considered not eligible for award of the Good Conduct Medal.

8.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in Vietnam.  This document shows that while the applicant was assigned to the Troop C, 1st Squadron, 4th Cavalry Regiment, it was cited for award of the Valorous Unit Award, Meritorious Unit Commendation, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.  

9.  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 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.

10.  Army Regulation 600-8-22 (Military Awards) states that a bronze service star is authorized, based on qualifying service, for each designated campaign listed in Appendix B of the regulation and states that authorized service stars will be worn on the appropriate campaign or service medal.  The regulation also lists the designated campaign periods for which a bronze service star is authorized for wear on the Vietnam Service Medal.  Based on the applicant's dates of service in Vietnam he participated during the following four campaign periods:  the Counteroffensive Phase III, 1 June 1967 - 29 January 1968; Tet Counteroffensive, 30 January 1968 - 1 April 1968; Counteroffensive Phase IV, 2 April 1968 - 30 June 1968; and the Counteroffensive Phase V, 1 July 1968 - 1 November 1968.

DISCUSSION AND CONCLUSIONS:

1.  The applicant was awarded the Bronze Star Medal on two occasions, the first one with the "V" Device.  His DD Form 214 does not properly show these awards.  It is appropriate to delete the "W/V Device" entry and replace it with Bronze Star Medal with 1st Oak Leaf Cluster and "V" Device.

2.  The applicant's marksmanship qualification badges were omitted from his DD Form 214.  It is appropriate to correct this oversight to show award of Expert Marksmanship Qualification Badge with Rifle Bar (M-14, M-16).

3.  The applicant distinguished himself by his conduct, efficiency and fidelity as evidenced by his combat service, his conduct and efficiency ratings, his personal decorations, and his advancement to pay grade E-5.  The record contains no indication of any disqualifying incidents or recommendations.  It is appropriate to award the applicant the Good Conduct Medal for his period of service from 15 July 1966 through 9 July 1968.

4.  The applicant served in Vietnam during four campaign periods and is authorized to wear four bronze service stars on his Vietnam Service Medal.
5.  In addition to the awards listed above, the applicant is also authorized the Valorous Unit Award, Meritorious Unit Commendation, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.



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 the applicant the Good Conduct Medal (1st award) for his period of service from 15 July 1966 through 9 July 1968;

	b.  deleting the entries "W/V Device" and "VSM" from his DD Form 214 and;

	c.  showing on the DD Form 214 the applicant's awards also include the –

* Bronze Star Medal with 1st Oak Leaf Cluster and "V" Device
* Good Conduct Medal (1st award)
* Vietnam Service Medal with four bronze service stars
* Valorous Unit Award
* Meritorious Unit Commendation
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation
* Expert Marksmanship Qualification Badge with Rifle Bar (M-14, M-16)




      _______ _   _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)                                         AR20130012705





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ABCMR Record of Proceedings (cont)                                         AR20130012705



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