BOARD DATE:	  15 April 2014

		DOCKET NUMBER:  AR20130015723 


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 he was awarded the Bronze Star Medal due to military operations against a hostile force.

2.  He states, in effect, that although he was awarded the Bronze Star Medal a clerical error may have resulted in omission of the award from his DD Form 214.

3.  He provides Headquarters, Americal Division, General Orders Number 5639, dated 14 August 1968.

COUNSEL'S REQUEST, STATEMENT AND EVIDENCE:

1.  Counsel requests that appropriate action be taken on the applicant's case. 

2.  Counsel makes no additional statement on the applicant's behalf.

3.  Counsel provides the applicant's request and the aforementioned general orders.

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 into the Army of the United States on 11 October 1966.  He completed training and was awarded military occupational specialty 11B (Light Weapons Infantryman).

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

	a.  item 38 (Record of Assignments), he served in the Republic of Vietnam from 6 December 1967 through 26 July 1968 and while in Vietnam he was assigned to:

        (1)  from 6 December 1967 to 1 March 1968 as an Automatic Rifleman and a Team Leader in Company C, 3rd Battalion, 1st Infantry Regiment, 11th Infantry Brigade, Americal Division; 

		(2)  from 2 March to 10 July 1968 as a Team Leader in Headquarters and Headquarters Company, 11th Infantry Brigade, Americal Division; and

		(3)  on 11 July 1968 his duty status was changed to "Patient" and he was medically evacuated.

	b.  item 38, he received all "excellent" conduct and efficiency ratings throughout his service.

	c.  item 41 (Awards and Decorations), special orders awarded him the Expert Marksmanship Qualification Badge with Rifle Bars (M-14 and M-16).

4.  On 2 July 1968, the applicant sustained fragment wounds to his left forearm and right thigh when he was involved in a mortar attack.  As a result, he was treated at a field hospital and then medically evacuated for additional treatment and recovery.

5.  His record contains and he also provides Headquarters, Americal Division, General Orders Number 5639, dated 14 August 1968, which awarded him the Bronze Star Medal for meritorious service in connection with military operations against a hostile force in the Republic of Vietnam from October 1967 to June 1968.

6.  On 26 July 1968, he was honorably released from active duty in the rank/grade of sergeant (SGT)/E-5.  He completed 1 year, 9 months, and 16 days of total active service.  His DD Form 214 shows he was awarded or authorized the:

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

7.  There is no evidence of any disciplinary actions or a commander's disqualification that would have precluded him from being recommended for or awarded the first award of the Army Good Conduct Medal.

8.  Army Regulation 672-5-1 (Awards), in effect at the time, provided that the Army Good Conduct Medal was awarded to individuals who completed a qualified period of active duty enlisted service.  This period was 3 years except in those cases when the period for the first award ended with the termination of a period of Federal military service.  The enlisted person must have had all "excellent" conduct and efficiency ratings and 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.  It states a bronze service star is authorized with this award for each Vietnam campaign in which a member is credited with participating.  Appendix B shows that during his service in Vietnam, participation credit was awarded for the following four campaigns:

* Vietnam Counteroffensive, Phase III
* TET Counteroffensive
* Vietnam Counteroffensive, Phase IV
* Vietnam Counteroffensive, Phase V

10.  Department of the Army General Orders Number 8, dated 1974, announced award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to Headquarters, U.S. Military Assistance Command and its subordinate units during the period 8 February 1962 to 28 March 1973 and to Headquarters, U.S. Army Vietnam and its subordinate units during the period 20 July 1965 to 28 March 1973.
DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention was carefully considered and determined to have merit.

2.  General orders awarded the applicant the Bronze Star Medal.  Therefore, his DD Form 214 should be corrected to show this award.

3.  Special orders awarded him the Expert Marksmanship Qualification Badge with Rifle Bars (M-14 and M-16).  Therefore, his DD Form 214 should be corrected to show this badge.

4.  The evidence of record shows the applicant completed a period of honorable service wherein he received all "excellent" conduct and efficiency ratings with no convictions by a court-martial.  Additionally, there is no evidence he was disqualified by his chain of command from receiving 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 11 October 1966 through 26 July 1968 and to correct his DD Form 214 to show this award.

5.  Records show the applicant participated in four campaigns while serving in the Republic of Vietnam.  Therefore, he is entitled to four bronze service stars for wear on his already-awarded Vietnam Service Medal and correction of his DD Form 214 to show this correction.

6.  His unit in Vietnam was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  Therefore, this unit award should be added to his DD Form 214.

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 11 October 1966 through 26 July 1968;

	b.  deleting the Vietnam Service Medal 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 four bronze service stars
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Expert Marksmanship Qualification Badge with Rifle Bars (M-14 and 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)                                         AR20130015723



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ABCMR Record of Proceedings (cont)                                         AR20130015723



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