IN THE CASE OF:
BOARD DATE: 6 May 2014
DOCKET NUMBER: AR20130015844
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).
2. The applicant states the award is not listed on his DD Form 214.
3. The applicant provides his DD Form 214 and BSM Certificate, dated 9 April 1969.
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 15 June 1967. He completed training and was awarded military occupational specialty 11C (Indirect Fire Crewman).
3. Item 31 (Foreign Service) of the applicant's DA Form 20 (Enlisted Qualification Record) shows he served in the Republic Vietnam (RVN) during the period 23 July 1968 to 6 March 1969. He was assigned to Company C, 1st Infantry Battalion, 5th Infantry Division (Mechanized), during his period of service in the RVN.
4. His records contain Headquarters, XXIV Corps, General Orders Number 294, dated 9 April 1969, awarding him the BSM for meritorious service in connection with military operations against a hostile force in the RVN during the period July 1968 to March 1969.
5. Item 38 (Record of Assignments) of his DA Form 20 shows he received "excellent" conduct and efficiency ratings throughout his period of service. There is no evidence of any disciplinary action during his period of active service. There also is no evidence of a commander's disqualification for the first award of the Army Good Conduct Medal (AGCM).
6. On 15 March 1969, he was honorably released from active duty in the rank/grade of sergeant/E-5. He completed 1 year, 9 months, and 1 day of total active service with no lost time. His DD Form 214 shows he was awarded or authorized the:
* Combat Infantryman Badge
* Expert Marksmanship Qualification Badge with Rifle Bar (M-16)
* RVN Campaign Medal
* Vietnam Service Medal
* one overseas service bar
* National Defense Service Medal
* RVN Gallantry Cross with Palm Unit Citation
7. Army Regulation 600-8-22 (Military Awards) contains the regulatory guidance for the Vietnam Service Medal and states a bronze service star is authorized with this award for each Vietnam campaign a member is credited with participating in. Appendix B shows that during his service in Vietnam, participation credit was awarded for the following three campaigns:
* Vietnam Counteroffensive Phase V (1 July-1 November 1968)
* Vietnam Counteroffensive Phase VI (2 November 1968-22 February 1969)
* Tet 69 Counteroffensive 1969 (23 February-8 June 1969)
8. Army Regulation 672-5-1 (Decorations and 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 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.
DISCUSSION AND CONCLUSIONS:
1. General orders awarded the applicant the BSM. Therefore, his DD Form 214 should be corrected to show this award.
2. The applicant's records show he received all "excellent" conduct and efficiency ratings throughout his service. There is no record 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 AGCM. It appears he was not awarded the first award of the AGCM as a result of an administrative error. Therefore, it would be appropriate at this time to award him the AGCM (1st Award) for the period 15 June 1967 through 15 March 1969 and to correct his DD Form 214 to show this award.
3. The evidence of record shows he participated in three campaigns while serving in the RVN. Therefore, he is entitled to correction of this DD Form 214 to add three bronze service stars to his previously-awarded Vietnam Service Medal.
4. In view of the foregoing, his records should be corrected 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 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:
* awarding him the AGCM (1st Award) for exemplary behavior, efficiency, and fidelity during the period 15 June 1967 through 15 March 1969
* deleting award of the VSM from his DD Form 214
* adding the following awards to his DD Form 214:
* BSM
* AGCM (1st Award)
* VSM with three bronze service stars
_______ _ 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) AR20130015844
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ABCMR Record of Proceedings (cont) AR20130015844
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