BOARD DATE:	  13 May 2014

		DOCKET NUMBER:  AR20130016571 


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 he received the BSM after his DD Form 214 was issued.

3.  The applicant provides no additional documents.

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 (AUS) on 
12 November 1969.  He served in Vietnam from 15 October 1970 to 19 August 1971.
3.  His DA Form 20 (Enlisted Qualification Record) shows in:

a. item 38 (Record of Assignments) he served in Vietnam with:

(1)  Company D, 3d Battalion, 1st Infantry Regiment, 11th Brigade from
31 October to 11 November 1970; and 

(2)  Company E, 3d Battalion, 1st Infantry Regiment, 11th Brigade from 
12 November 1970 to 15 August 1971; 

   b.  item 38 he received all "excellent" ratings for conduct and efficiency; and

4.  General Orders Number 10129, issued by Headquarters, 23d Infantry Division, dated 11 September 1971, show he was awarded the BSM for meritorious service.

5.  On 20 August 1971, he was honorably released from active duty.  He completed 1 year, 9 months, and 9 days of total active service.  His DD Form 214 shows he was awarded or authorized the:

* National Defense Service Medal
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* Army Commendation Medal
* Purple Heart
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)
* Expert Marksmanship Qualification Badge with Rifle Bar (M-16)

6.  There is no evidence of any derogatory information that would have disqualified him from award of the Army Good Conduct Medal.

7.  A review of his military records indicates he is entitled to additional awards and decorations that are not shown on his DD Form 214.

8.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards.

	a.  The Vietnam Service Medal is awarded to all members of the Armed Forces of the United States for qualifying service in Vietnam after 3 July 1965 through 28 March 1973.  

	b.  A bronze service star is authorized with the Vietnam Service Medal for each Vietnam campaign a member is credited with participating in.  Appendix B shows during his service in Vietnam participation credit was awarded for the following campaigns:

* Counteroffensive, Phase VII (1 July 1970 - 30 June 1971)
* Consolidation I (1 July - 30 November 1971)

9.  Department of the Army General Orders Number 8, dated 1974, awarded 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.

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.  

DISCUSSION AND CONCLUSIONS:

1.  General orders show the applicant was awarded the BSM.  Therefore, he is entitled to correction of his DD Form 214 to show this award.

2.  The available evidence confirms the applicant served in the AUS from 
12 November 1969 to 20 August 1971.  His records show he received "excellent" conduct and efficiency ratings throughout his service.  There is no evidence of any derogatory information that would have disqualified him from award of the Army Good Conduct Medal.  Therefore, it would be appropriate to award him the Army Good Conduct Medal (1st Award) for the period 12 November 1969 to 
20 August 1971 and correct his DD Form 214 to show this medal.

3.  General orders awarded his unit the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  Therefore, he is entitled to correction of his DD Form 214 to show this unit award.

4.  Records show the applicant participated in two campaigns while serving in Vietnam.  Therefore, he is authorized to wear two bronze service stars on his already-awarded Vietnam Service Medal and correction of his DD Form 214 to show these service stars.


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  12 November 1969 to 20 August 1971;

	b.  deleting award of the Vietnam Service Medal from his DD Form 214; and 

	c.  adding award of the Bronze Star Medal, Army Good Conduct Medal, Vietnam Service medal with two bronze service stars, and Republic of Vietnam Gallantry Cross with Palm Unit Citation to his DD Form 214.



      ________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)                                         AR20130016571





3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20130016571



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1