IN THE CASE OF:	  

		BOARD DATE:	  17 April 2014

		DOCKET NUMBER:  AR20130014340 


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 that his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to show his awards of the Bronze Star Medal (BSM) and Air Medal and his completion of the Noncommissioned Officer (NCO) Academy.

2.  The applicant states that his awards of the BSM and Air Medal and completion of the NCO Academy were not included on his DD Form 214. 

3.  The applicant provides copies of orders awarding him the BSM and Air Medal and a Diploma for completion of the NCO Course at the NCO Academy. 

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 enlisted in the Kansas Army National Guard (KSARNG) on     11 October 1965 for a period of 6 years.  He was ordered to active duty training (ACDUTRA) on 17 January 1966, completed his training as a light weapons infantryman and was released from ACDUTRA on 6 June 1966 and was returned to his KSARNG unit.  

3. On 13 May 1968 he was ordered to active duty under a presidential call-up and was transferred to Fort Carson, Colorado.  He was then transferred to Fort Riley, Kansas to attend the NCO Course for a period of 5 weeks.  He completed the course on 1 November 1968 and returned to Fort Carson.

4.  On 20 January 1969 he was transferred to Vietnam for assignment to Company B, 4th Battalion, 3rd Infantry Regiment.  He was promoted to the pay grade of E-6 on 15 April 1969.

5.  He served in four campaigns and departed Vietnam on 10 December 1969. He was transferred to Fort Lewis, Washington where he was honorably released from active duty (REFRAD) on 12 December 1969 and was returned to his KSARNG unit.  He had served 1 year, 7 months and 2 days of active service during his call-up.  His DD Form 214 issued at the time of his REFRAD shows that he was awarded the National Defense Service Medal, Vietnam Service Medal, and Vietnam Campaign Medal.

6.  His official records show that he was awarded the Combat Infantryman Badge (CIB) in Special Orders 132, issued by Headquarters, Americal Division on 12 May 1969.  His records also show that he had excellent conduct and efficiency ratings throughout his service and his record is void of any derogatory information that would serve to disqualify him from award of the Army Good Conduct Medal.

7.  The applicant has provided orders issued by the Americal Division which awards him the BSM and the Air Medal.

8.  Army Regulation 672-5-1 (Awards), in effect at the time, stated the Army Good Conduct Medal (AGCM) 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.  

9.  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 the applicant served in three campaigns and that
his unit was cited for awards of the Republic of Vietnam Gallantry Cross with Palm Unit Citation during the period the applicant served with the unit.

10.  Army Regulation 600-8-22 (Military Awards) states a bronze service star will be worn on the appropriate service medal based on qualifying service for each campaign listed in appendix B, which is the Vietnam Service Medal in this case.

DISCUSSION AND CONCLUSIONS:

1.  The applicant was awarded the CIB, BSM and Air Medal in duly authenticated orders and is entitled to have those awards added to his DD Form 214.

2.  He served in four campaigns and is entitled to wear four bronze service stars on his already awarded Vietnam Service Medal and to have them entered on his DD Form 214.

3.  A review of the available records shows he had "excellent" conduct and efficiency ratings throughout his period of service and the records contain no indication of derogatory information that would serve to disqualify him for the AGCM (1st Award).  Therefore, it appears that the failure to award him this medal was the result of an administrative error.  Accordingly, he should be awarded the AGCM (1st Award) for the period 13 May 1968 to 12 December 1969 and his DD Form 214 should be corrected to show this award.

4.  Additionally, his unit was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation during the period the applicant served with the unit. Accordingly, it should be added to his DD Form 214.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

___X____  ___X___  ___X____  DENY APPLICATION



BOARD DETERMINATION/RECOMMENDATION:

1. 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:

* Deleting the award of the “VSM” from item 24 of his DD Form 214
* Awarding the applicant the AGCM (1st Award) for the period 13 May 1968 to 12 December 1969
* Adding the awards of the Vietnam Service Medal with four bronze service stars, AGCM (first award), CIB, BSM, Air Medal, and Republic of Vietnam Gallantry Cross with Palm Unit Citation to item 24 of his DD Form 214


2.  The Board wants the applicant and all others to know that the sacrifices he made in service to the United States during the Vietnam War are deeply appreciated.  The applicant and all Americans should be justifiably proud of his service in arms.

      ___________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)                                         AR20130014340





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ABCMR Record of Proceedings (cont)                                         AR20130014340



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