IN THE CASE OF:	  

		BOARD DATE:	  22 April 2014

		DOCKET NUMBER:  AR20130014018 


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 (BSM) and Combat Infantryman Badge (CIB).

2.  The applicant states the awards were not recorded on his DD Form 214.  An official at the National Personnel Records Center suggested that he submit a request for correction of his records to the Army Board for Correction of Military Records (ABCMR).

3.  The applicant provides copies of his award documents and 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 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 into the U.S. Army on 17 April 1968.  He was awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman).

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

	a.  item 33 (Appointments and Reductions) that he was promoted to staff sergeant (SSG)/pay grade E-6 on 27 October 1969;

	b.  item 38 (Record of Assignments):

* student (Americal Combat Center), 23d Administration Company, Replacement Detachment, from 27 March through 5 April 1969
* Company D, 1st Battalion, 20th Infantry, 11th Infantry Brigade, from
6 April through 26 October 1969
* Company E, 1st Battalion, 20th Infantry, 11th Infantry Brigade, from 
27 October 1969 through 14 March 1970

   c.  item 41 (Awards and Decorations):

* National Defense Service Medal (NDSM)
* Vietnam Service Medal (VSM)
* Republic of Vietnam (RVN) Campaign Medal with Device (1960)
* two Overseas Service Bars
* Purple Heart (PH)
* Expert Marksmanship Qualification Badge with (M-16) Rifle Bar
* Expert Marksmanship Qualification Badge with (106mm) Recoilless Rifle Bar
* Marksman Marksmanship Qualification Badge with (.45 caliber) Pistol Bar
* Expert Marksmanship Qualification Badge with (90mm) Recoilless Rifle Bar
* Sharpshooter Marksmanship Qualification Badge with (M-14) Rifle Bar

4.  Headquarters, Americal Division, Special Orders (SO) Number 290, dated 
17 October 1969, awarded the applicant the CIB.

5.  The applicant's DD Form 214 shows he was honorably released from active duty on 18 March 1970.

	a.  He had completed 1 year, 11 months, and 2 days of total active service during this period that included 11 months and 24 days of foreign service.

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

* NDSM
* two Overseas Service Bars
* VSM
* RVN Campaign Medal with Device (1960)
* PH
* Expert Marksmanship Qualification Badge with (M-16) Rifle Bar

6.  The applicant's military personnel records contain a copy of a letter, dated 
21 April 1970, from Company E, 1st Battalion, 20th Infantry, 11th Infantry Brigade, Americal Division that shows the commanding officer forwarded a BSM certificate to the applicant showing he was cited for award of the BSM during the period March 1969 to March 1970.  The commander added that sufficient copies of General Orders (GO) Number 1490 announcing the award were not available.

7.  A review of the applicant's military personnel records failed to reveal evidence that he was awarded or authorized any additional decorations.

8.  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, Americal Division, 
GO Number 1490, dated 13 February 1970, that awarded the applicant the BSM for meritorious service in the RVN from March 1969 to March 1970.

9.  Item 38 of the applicant's DA Form 20 and his DA Form 137 (Installation Clearance Record), dated 14 March 1970, show he received all "excellent" conduct and efficiency ratings throughout his military service.  A review of the applicant's military personnel records failed to reveal evidence of a commander's disqualification that would have precluded him from being recommended for or awarded the Army Good Conduct Medal (AGCM) (1st Award).

10.  Army Regulation 672-5-1 (Awards), in effect at the time, stated the AGCM 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, 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.  
11.  Army Regulation 600-8-22 (Military Awards) provides policy, criteria, and administrative instructions concerning military awards and decorations.

	a.  Paragraph 2-13 states a bronze service star is authorized with award of the VSM for each Vietnam campaign a member is credited with participating in.

	b.  Appendix B shows that during his service in Vietnam, participation credit was awarded for the following three campaigns:

* Tet 69 Counteroffensive 1969 (23 February-8 June 1969)
* Vietnam Summer-Fall 1969 (9 June-31 October 1969)
* Vietnam Winter-Spring 1970 (1 November 1969-30 April 1970)

12.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam.  It shows the 1st Battalion, 20th Infantry Regiment, was cited for award of the RVN Gallantry Cross with Palm Unit Citation for the period 24 August 1969 through 31 December 1969 in Department of the Army General Orders Number 42 (1972).

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends his DD Form 214 should be corrected to show award of the BSM and CIB.

2.  The evidence of record shows:

   a.  GOs awarded the applicant the BSM;
   
	b.  The applicant qualified for award of the VSM and he participated in three campaigns during his service in Vietnam.  Thus, he is authorized three bronze service stars for wear on his already-awarded VSM.

   c.  SOs awarded him the CIB;
   
   d.  The applicant qualified for and was authorized the:

* Expert Marksmanship Qualification Badge with (M-16) Rifle and 
(90 mm and 106mm) Recoilless Rifle Bars
* Sharpshooter Marksmanship Qualification Badge with (M-14) Rifle Bar
* Marksman Marksmanship Qualification Badge with (.45 caliber) Pistol Bar

	e.  GOs awarded the applicant's unit the RVN Gallantry Cross with Palm Unit Citation.

3.  The applicant served a period of continuous, honorable active duty enlisted service from 17 April 1968 through 18 March 1970.

	a.  There is no evidence of any disciplinary actions, adverse information, or a commander's disqualification for the first award of the AGCM.

	b.  He was promoted to SSG (E-6) with about 18 months of active duty and he received all "excellent" conduct and efficiency ratings during his service.

	c.  He was awarded the BSM for meritorious service in the RVN from March 1969 to March 1970.

4.  Based on the available evidence, it would be appropriate at this time to award the applicant the AGCM (1st Award) for the period 17 April 1968 through
18 March 1970.

5.  Therefore, it would be appropriate to correct the applicant's DD Form 214 to show his awards and decorations, 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 
17 April 1968 through 18 March 1970 (Standard Name Line:  SSG  Company E, 1st Battalion, 20th Infantry, 11th Infantry Brigade, Americal Division);

	b.  deleting the "VSM" and "EXP M-16" from his DD Form 214; and

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

* Bronze Star Medal
* Army Good Conduct Medal (1st Award)
* Vietnam Service Medal with three bronze service stars
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Combat Infantryman Badge
* Expert Marksmanship Qualification Badge with (M-16) Rifle 
and (90mm and 106mm) Recoilless Rifle Bars
* Sharpshooter Marksmanship Qualification Badge with (M-14) Rifle Bar
* Marksman Marksmanship Qualification Badge with (.45 caliber) Pistol 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)                                         AR20130014018



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ABCMR Record of Proceedings (cont)                                         AR20130014018



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