IN THE CASE OF:	 

		BOARD DATE:	   27 May 2014 

		DOCKET NUMBER:  AR20130017253 


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.

2.  The applicant states he was awarded the Bronze Star Medal and it is not listed on his DD Form 214.  He would like his DD Form 214 to properly reflect all the awards he earned.

3.  The applicant provides a copy of his Bronze Star Medal 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 into the Army of the United States on 1 April 1968.  He served as a light weapons infantryman in Vietnam from 12 September through 8 November 1968, during two campaigns.  He was assigned to Company C, 2nd Battalion, 28th Infantry, 1st Infantry Division.

3.  General Orders (GO) Number 993, dated 5 February 1969, awarded him the Bronze Star Medal for meritorious achievement from 11 September through 26 October 1968 in Vietnam.

4.  He provided a copy of a Bronze Star Medal certificate, dated 10 February 1969, awarding him the Bronze Star Medal for meritorious achievement in ground operations against hostile forces from 11 September through 26 October 1968 in Vietnam.

5.  He was honorably released from active duty in pay grade E-5 on 31 March 1970.  His DD Form 214 lists the National Defense Service Medal, Vietnam Service Medal, Purple Heart, and Combat Infantryman Badge.

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

* Item 38 (Record of Assignments) he received "excellent" conduct and efficiency ratings throughout his period of service, there is no evidence of a commander's disqualification for award of the Army Good Conduct Medal during his period of service 
* Item 41 (Awards and Decorations) all the awards listed on his DD Form 214 and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar.

7.  Army Regulation 600-8-22 (Military Award) states:

	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 members assigned in Vietnam for less than 6 months and who had been wounded by hostile fire.

   b.  A bronze star is authorized for wear on the Vietnam Service Medal to denote campaign participation.  



8.  Department of the Army (DA) Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows his unit, the 2nd Battalion, 28th Infantry, was cited for the:

* Republic of Vietnam Gallantry Cross with Palm Unit Citation, for the period 12 July 1965 through 16 October 1968, by DAGO Number 2, dated 1971
* Republic of Vietnam Civil Actions Honors Medal First Class Unit Citation, for the period October 1965 through 7 April 1970, by DAGO Number 53, dated 1970

DISCUSSION AND CONCLUSIONS:

1.  GO awarded the applicant the Bronze Star Medal during his period of service in Vietnam.  Therefore, he is entitled to correction of his DD Form 214 to show this award.

2.  The evidence of records shows the applicant received "excellent" conduct and efficiency ratings during his period of active duty, served in and was wounded in Vietnam, and attained the rank of pay grade E-5.  Therefore, he is entitled to award of the Army Good Conduct Medal (1st Award) for his period of service from 1 April 1968 through 31 March 1970 and its addition to his DD Form 214.

3.  The governing regulation authorizes award of the Republic of Vietnam Campaign Medal with Device (1960) to Soldiers who have served in Vietnam for less than 6 months and who have been wounded in action.  In view of the forgoing, he is entitled to this award and its addition to his DD Form 214.

4.  He served in Vietnam during two campaigns; therefore, he is entitled to award of two bronze service stars to be added to already-awarded Vietnam Service Medal and correction to his DD Form 214 to show these service stars.

5.  The evidence shows he was awarded Sharpshooter Marksmanship Qualification Badge with Rifle Bar.  Therefore, his DD Form 214 should be corrected to show this award.

6.  GO awarded his unit the Republic of Vietnam Gallantry Cross with Palm Unit Citation and Republic of Vietnam Civil Actions Honors Medal First Class Unit Citation and during his period of service in Vietnam.  Therefore, he is entitled to these awards and their addition 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 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:

* awarding the applicant the Army Good Conduct Medal (1st Award) for the period of service from 1 April 1968 through 31 March 1970
* deleting from the applicant's DD Form 214 the Vietnam Service Medal
* adding to his DD Form 214 the:

* Army Good Conduct Medal (1st Award)
* Bronze Star Medal
* Vietnam Service Medal with two bronze service stars
* Republic of Vietnam Campaign Medal with Device (1960)
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honors 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)                                         AR20130017253



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ABCMR Record of Proceedings (cont)                                         AR20130017253



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