IN THE CASE OF: 

		BOARD DATE: 14 May 2014

		DOCKET NUMBER:  AR20130015431


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 with "V" Device and the Army Commendation Medal with "V" Device.  He also requests correction of the social security number on all his documents.

2.  The applicant states the SSN is incorrect on the documents showing he was awarded the Bronze Star Medal with "V" Device (with First, Second and Third Oak Leaf Cluster) and the Army Commendation Medal with "V" Device (First Oak Leaf Cluster).

3.  The applicant provides:

* Bronze Star Medal with "V" Device (First Oak Leaf Cluster) orders
* Army Commendation Medal with "V" Device (First Oak Leaf Cluster) orders
* Army Commendation Medal orders and Citation
* Bronze Star Medal (Second Oak Leaf Cluster) orders and Citation
* Bronze Star Medal (Third Oak Leaf Cluster) orders and Certificate

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 was inducted on 1 February 1968.  He held military occupational specialty 11B (Light Weapons Infantryman).

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

	a.  he served in Vietnam from 23 January 1969 through 13 January 1970.  He he was assigned to Company C, 1st Battalion, 5th Infantry, 25th Infantry Division; and 

	b.  he was awarded or authorized the:

* National Defense Service Medal
* Parachutist Badge
* Vietnam Service Medal
* Combat Infantryman Badge
* Bronze Star Medal with "V" Device
* Bronze Star Medal with "V" Device (First Oak Leaf Cluster)
* Army Commendation Medal
* Bronze Star Medal with "V" (Second Oak Leaf Cluster)
* Bronze Star Medal with "V" (Third Oak Leaf Cluster)
* Republic of Vietnam Campaign Medal with Device (1960)
* Two Overseas Service Bars
* Expert Marksmanship Qualification Badge with Rifle Bar (M-14)
* Sharpshooter Marksmanship Qualification Badge with Machinegun Bar
* Marksman Marksmanship Qualification Badge with Automatic Rifle Bar

4.  All his conduct and efficiency ratings were "excellent" with the exception of the period he was in Basic Combat Training (12 February to 4 April 1968) in which his efficiency marked as "Good."

5.  He was honorably released from active duty on 14 January 1970 in the rank of staff sergeant (SSG)/E-6.  He completed 1 year, 11 months, and 14 days of active duty service.

6.  His DD Form 214 shows his SSN as listed on his DD Form 149 (Application for Correction of Military Record) and his awards as the:

* National Defense Service Medal
* Vietnam Service Medal
* Army Commendation Medal 
* Parachutist Badge
* Combat Infantryman Badge
* Bronze Star Medal 
* Republic of Vietnam Campaign Medal

7.  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 orders for any awards pertaining to the applicant that are not already recorded on his DA Form 20 or DD Form 214.

8.  In support of his request, he provided copies of the following Headquarters, 25th Infantry Division General Orders:

* Number 8094, dated 23 June 1969, showing he was awarded the Bronze Star Medal with "V" Device (First Oak Leaf Cluster) for valor on 5 June 1969 
* Number 9676, dated 23 July 1969, showing he was awarded the Army Commendation Medal with "V" Device (First Oak Leaf Cluster) for valor on 29 June 1969
* Number 9911, dated 2 August 1969, with citation, showing he was awarded the Army Commendation Medal for achievement for the period 
1 May to 30 June 1969
* Number 12997, dated 21 October 1969, with Certificate, showing he was awarded the Bronze Star Medal (Second Oak Leaf Cluster) for meritorious achievement on 7 October 1969
* Number 15344, dated 17 December 1969, with Certificate, showing he was awarded the Bronze Star Medal with Third Oak Leaf Cluster for meritorious achievement from January 1969 to January 1970 

9.  Although each of the award orders has the applicant's name and unit, each has an SSN different than shown on his DD Form 214.

10.  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, 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.  Ratings of "unknown" for portions of the period under consideration were not disqualifying.  Service school efficiency ratings based upon academic proficiency of at least “Good” rendered subsequent to 22 November 1955 were not disqualifying.  There must have been no convictions by a court-martial.

11.  Army Regulation 600-8-22 (Military Awards) contains the regulatory guidance for the Vietnam Service Medal.  It states a bronze service star is authorized with this award for each Vietnam campaign the individual participated in.  During his service in Vietnam, the applicant participated in the following four campaigns:

* Counteroffensive Phase VI               2 November 1968 - 22 February 1969
* Summer - Fall 1969                          9 June - 31 October 1969
* Winter - Spring 1970                         1 November 1969 - 30 April 1970
* Sanctuary Counteroffensive              1 May - 30 June 1970

12.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in the Republic of Vietnam.  This pamphlet shows the 1st Battalion, 5th Infantry Regiment, was cited for award of the:

	a.  Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 1 September 1968-30 September 1970 in Department of the Army General Orders (DAGO) Number 5, dated 1973; and

	b.  Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 1 January 1966-21 January 1970 in DAGO Number 51, dated 1971 as amended by DAGO Number 9, dated 1979.

DISCUSSION AND CONCLUSIONS:

1.  The evidence shows an incorrect SSN on the orders showing his awards.  These orders should be corrected.

2.  His DA Form 20 shows he was awarded the Bronze Star Medal with "V" Device, Bronze Star Medal with "V" Device (1st Oak Leaf Cluster), Bronze Star Medal with "V" (Second Oak Leaf Cluster), Bronze Star Medal with "V" (Third Oak Leaf Cluster), Expert Marksmanship Qualification Badge with Rifle Bar (M-14), Sharpshooter Marksmanship Qualification Badge with Machinegun Bar, and the Marksman Marksmanship Qualification Badge with Automatic Rifle Bar.

3.  He provided orders showing he was awarded the Bronze Star Medal with "V" Device (First Oak Leaf Cluster), Army Commendation Medal with "V" Device (First Oak Leaf Cluster), Bronze Star Medal (Second Oak Leaf Cluster), Bronze Star Medal (Third Oak Leaf Cluster).

4.  The applicant was not awarded the Army Good Conduct Medal, but he served a period of continuous, honorable active duty enlisted service from 1 February 1968 through 14 January 1970:

a. there is no evidence of any disciplinary action, adverse information, or 

b. commander's disqualification for the first award of the Army Good Conduct Medal;

	c.  he had all "Excellent" conduct and efficiency ratings except for the period he was in Basic Combat Training where his efficiency was marked as "Good" (presumably an academic “Good”).

	d.  in the absence of the unit commander's recommendation, the applicant’s records show he distinguished himself in the performance of his military service as evidenced by him attaining the rank of SSG and receiving personal decorations including several for heroism.  Based on the available evidence, it would be appropriate to award the applicant the Army Good Conduct Medal.

5.  He also participated in four campaigns during his service in Vietnam.  Therefore, he is entitled to four bronze service stars for wear on his already-awarded Vietnam Service Medal.

6.  During the applicant's service in Vietnam his unit was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.

7.  His DD Form 214 should be corrected to show these 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.  correcting his award orders to show the SSN listed on his DD Form 214;

	b.  awarding him the Army Good Conduct Medal (1st Award) for the period 
1 February 1968 to 14 January 1970;

	c.  deleting from his DD Form 214 the Army Commendation Medal and the Bronze Star Medal; and 

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

* Bronze Star Medal with "V" Device (Third Oak Leaf Cluster)
* Army Commendation Medal with "V" Device (First Oak Leaf Cluster) 
* Army Good Conduct Medal (1st Award)
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation
* four bronze service stars for wear on his already-awarded Vietnam Service Medal


* Expert Marksmanship Qualification Badge with Rifle Bar (M-14)
* Sharpshooter Marksmanship Qualification Badge with Machinegun Bar
* Marksman Marksmanship Qualification Badge with Automatic Rifle 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)                                         AR20100025029



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ABCMR Record of Proceedings (cont)                                         AR20130015431



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