IN THE CASE OF:	  

		BOARD DATE:	  13 May 2014

		DOCKET NUMBER:  AR20130016252 


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 his award of the Bronze Star Medal be added to his DD Form 214 (Report of Transfer or Discharge).

2.  The applicant states the award was presented but not included on his DD Form 214.

3.  The applicant provides copies of his DD Form 214, a Bronze Star Medal Award Certificate, and Bronze Star Medal Citation.

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 served on active duty in the Regular Army from 20 January 1969 through 2 September 1971.  
3.  His period of service included service in Vietnam from 1 September 1970 through 1 September 1971 with the Headquarters and Headquarters Company, 1st Battalion, 502nd Infantry Regiment.

4.  His DA Form 20 (Enlisted Qualification Record) provides the following -

* advancement to specialist five (SP5)
* conduct and efficiency ratings of exclusively as “excellent”
* award of the National Defense Service Medal, Expert Marksmanship Qualification Badge with Rifle Bar, Parachutist Badge, and the Vietnam Service Medal

5.  The available records do not contain orders for any awards or decorations. 

6.  Review of the Awards and Decorations Computer-Assisted Retrieval System (ADCARS), an index of general orders issued during the Vietnam era between 1965 and 1973 maintained by the Military Awards Branch of the United States Army Human Resources Command, failed to reveal any orders for any awards.

7.  The award certificate and citation provided by the applicant show award of the Bronze Star Medal for meritorious achievement in Vietnam from August 1970 through August 1971.

8.  The applicant's DD Form 214 lists the applicant's awards as the National Defense Service Medal, Parachutist Badge, Vietnam Service Medal, and the Expert Marksmanship Qualification Badge with Rifle Bar. 

9.  The applicant's record contains no derogatory entries, disciplinary actions, nonjudicial punishment, or court-martials that would suggest he was considered not eligible for award of the Good Conduct Medal.

10.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in Vietnam.  This document shows that while the applicant was assigned to the 1st Battalion, 502nd Infantry Regiment, it was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.  

11.  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 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.  

12.  Army Regulation 600-8-22 (Military Awards) states that:

	a.  the Republic of Vietnam Campaign Medal with Device (1960) was awarded by the Government of Vietnam to all members of the Armed Forces of the United States for qualifying service in Vietnam during the period 1 March 1961 through 28 March 1973.  Qualifying service included assignment in Vietnam for 6 months or more.  

   b.  a bronze service star is authorized, based on qualifying service, for each designated campaign listed in Appendix B of the regulation and states that authorized service stars will be worn on the appropriate campaign or service medal.  The regulation also lists the designated campaign periods for which a bronze service star is authorized for wear on the Vietnam Service Medal.  Based on the applicant's dates of service in Vietnam he participated during the following two campaign periods: the Counteroffensive Phase VII, 1 July 1970 - 30 June 1971 and the Consolidation I, 1 July 1971 - 30 November 1971.

DISCUSSION AND CONCLUSIONS:

1.  The applicant distinguished himself by his conduct, efficiency and fidelity as evidenced by his combat service, his conduct and efficiency ratings, and his advancement to pay grade E-5.  The record contains no indication of any disqualifying incidents or recommendations.  It is appropriate to award the applicant the Good Conduct Medal for his period of service from 20 January 1969 through 2 September 1971.

2.  The applicant served during two campaign periods and is authorized to wear two bronze service stars on his Vietnam Service Medal. 

3.  In addition to the awards listed on the DD Form 214, the applicant is also authorized the Republic of Vietnam Campaign Medal with Device (1960), Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.

4.  Normally, in order to justify inclusion of an award on the DD Form 214, a reference to the award order number is necessary.  At the time of the issuance of the applicant's Bronze Star Medal the orders number was not included on the award citation or certificate.  

5.  However, combining the copies of the award citation and certificate with the omission of three other awards for his service in Vietnam, in this specific case it is reasonable to presume the applicant was authorized the Bronze Star Medal and to include it on 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 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.  deleting the Vietnam Service Medal from his DD Form 214;

	b.  awarding the applicant the Good Conduct Medal (1st Award) for his period of service from 20 January 1969 through 2 September 1971; and 

	c.  showing that, in addition to the awards listed on his DD Form 214, the applicant is also authorized the Bronze Star Medal, Good Conduct Medal, Vietnam Service Medal with two bronze service stars, Republic of Vietnam Campaign Medal with Device (1960), Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.



      _______ _   _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)                                         AR20130016252



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ABCMR Record of Proceedings (cont)                                         AR20130016252



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