BOARD DATE:	  12 June 2014

		DOCKET NUMBER:  AR20130017602 


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 three Bronze Star Medals (BSMs) with “V” device and one Silver Star (SS) be added to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).

2.  The applicant states the awards were left off his DD Form 214. 

3.  The applicant provides copies of his orders for one SS and two BSMs.

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 7 March 1967.  He completed basic combat and advanced individual training and was awarded military occupational specialty 11B (Light Weapons Infantryman).  The highest rank/grade he attained while serving on active duty was sergeant/ E -5.

3.  Item 38 (Record of Assignments) of the applicant's DA Form 20 (Enlisted Qualification Record) shows he served in the Republic of Vietnam (RVN) with Company C, 2nd Battalion, 27th Infantry, 25th Infantry Division during the period 15 October 1967 to 4 October 1968.

4.  He was honorably released from active duty on 7 October 1968.

5.  The applicant's DD Form 214 shows the following awards:

* National Defense Service Medal
* Vietnam Service Medal 
* Vietnam Campaign Medal
* Purple Heart
* Combat Infantryman Badge
* Two Overseas Service Bars 

6.  The applicant provides the following award orders:

a.  Headquarters, 25th  Infantry Division, General Orders Number 2954,
dated 12 April 1968, which show he was awarded the SS.

  b.  Headquarters, 25th Infantry Division, General Orders Number 2861, dated 9 April 1968, which awarded him the BSM with “V” device and General Orders Number 8457, dated 28 November 1968, which show he was awarded the BSM with “V” device (First Oak Leaf Cluster).

7.  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, revealed General Orders Number 6459, dated
18 September 1968, issued by Headquarters, 25th Infantry Division, which show he was awarded the BSM (First Oak Leaf Cluster) for meritorious service.

8.  Item 38 of the applicant's DA Form 20 shows he received “excellent” conduct and efficiency ratings at all of his active duty assignments.

9.  The applicant's record is void of any derogatory information or a unit commander's disqualification that would have precluded him from receiving the Army Good Conduct Medal (AGCM).  His record is void of any orders or documents indicating he was ever recommended for or awarded the AGCM.

10.  Army Regulation 672-5-1 (Military Awards) provided the Army's awards policy in effect at the time.  It stated the AGCM 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.  There must have been no convictions by a court-martial.  

11.  A review of the applicant's records indicates entitlement to additional awards and decorations that are not shown on his DD Form 214.

12.  Special Orders Number 160, dated 22 June 1967, awarded the applicant the Expert Marksmanship Qualification Badge with Machine Gun Bar (M-60) and Marksman Marksmanship Qualification Badge with Rifle Bar (M-16).

13.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows during his tenure with Company C, 2nd Battalion, 27th Infantry, 25th Infantry Division, this unit was awarded the RVN Civil Actions Honor Medal First Class Unit Citation for service from 9 January 1968 to 8 January 1969 based on Department of the Army General Orders Number 51, dated 1971.

14.  Department of the Army General Order Number 8, dated in 1974, further entitled the applicant the award of the RVN Gallantry Cross with Palm Unit Citation.  This award was awarded to all units in the RVN from 8 February 1962 through 28 March 1973.

15.  Army Regulation 600-8-22 (Military Awards), paragraph 2-13, contains the regulatory guidance on the VSM.  It 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, campaign participation credit was awarded for the:

* Vietnam Counteroffensive, Phase III, which extended from 1 June 1967 through 29 January 1968 
* Tet Counteroffensive, which extended from 30 January through 1 April 1968 
* Vietnam Counteroffensive, Phase IV, which extended from 2 April through 30 June 1968 

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s request that the SS and three BSMs with “V” device be added to his DD Form 214 has been carefully considered and there is sufficient evidence to grant relief.

2.  General Orders Number 2954, dated 12 April 1968, awarded the applicant the SS; therefore, he is entitled to correction of his DD Form 214 to show this award.

3.  General Orders Number 2861, dated 9 April 1968, awarded the applicant the BSM with “V” device; therefore, he is entitled to correction of his DD Form 214 to show this award.

4.  General Orders Number 8457, dated 28 November 1968, awarded the applicant the BSM with “V” device (First Oak Leaf Cluster); therefore, he is entitled to correction of his DD Form 214 to show this award.

5.  General Orders Number 6459, dated 18 September 1968, awarded the applicant the BSM (First Oak Leaf Cluster) for meritorious service; therefore, he is entitled to correction of his DD Form 214 to show this award.

6.  Special Orders Number 160, dated 22 June 1967, awarded the applicant the Expert Marksmanship Qualification Badge with Machine Gun Bar (M-60) and Marksman Marksmanship Qualification Badge with Rifle Bar (M-16).  Therefore, he is entitled to correction of his DD Form 214 to show these awards.

7.  The applicant did not have any evidence of derogatory information in his military record or a disqualification from a unit commander that would have precluded him from receiving the AGCM.  He received “excellent” efficiency and conduct ratings throughout his military service; therefore, it would be appropriate to award the applicant the AGCM and add it to his DD Form 214.

8.  General orders awarded his unit the RVN Civil Actions Honor Medal First Class Unit Citation.  Therefore, he is entitled to correction of his records to show this unit award. 

9.  Department of the Army General Orders Number 8, dated in 1974, further entitled the applicant the award of the RVN Gallantry Cross with Palm Unit Citation.  This award was awarded to all units in the RVN from 8 February 1962 through 28 March 1973.

10.  He was awarded the VSM.  He participated in three campaigns while serving in the RVN; therefore, he is entitled to three service stars to be affixed to his already-awarded VSM.

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 AGCM (1st Award) for the period 7 March 1967 through 7 October 1968 and 

	b.  adding the following awards to his DD Form 214:

* SS
* BSM with “V” Device (3rd Award) 
* AGCM (1st Award)
* RVN Civil Actions Honor Medal First Class Unit Citation
* RVN Gallantry Cross with Palm Unit Citation
* Three bronze service stars to be affixed to his already-awarded VSM
* Expert Marksmanship Qualification Badge with Machine Gun Bar 
(M-60) 
* Marksman Marksmanship Qualification Badge with Rifle Bar (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)                                         AR20130017602





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ABCMR Record of Proceedings (cont)                                         AR20130017602



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