BOARD DATE:	 24 June 2014 

		DOCKET NUMBER:  AR20130017807 


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 and the Army Commendation Medal.

2.  The applicant states the Bronze Star Medal was omitted from his DD Form 214.  He was given the Bronze Star Medal and Army Commendation Medal as he departed Vietnam on 8 March 1970.  There may be more medals that he doesn't know about.

3.  The applicant provides copies of his Bronze Star Medal citation and certificate and DD Form 214.

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 18 March 1968.  He served as a field artillery crewman in Vietnam from 13 April 1969 through on or about 7 March 1970, during three campaigns.  He was assigned to the 2nd Battalion, 320th Artillery Regiment. 

3.  His record contains the following general orders (GO) issued by Headquarters, 101st Airborne Division.  He also provides copies of the resulting citation and certificate for the Bronze Star Medal.

* GO Number 12772, dated 7 October 1969, awarding him the Army Commendation Medal for meritorious achievement from 1 May through 30 September 1969
* GO Number 2510, dated 7 March 1970, awarding him the Bronze Star Medal for meritorious service in Vietnam from 1 May 1969 through 28 February 1970  

4.  He was honorably released from active duty in pay grade E-5 on 9 March 1970.  His DD Form 214 lists the:

* National Defense Service Medal
* Vietnam Service Medal
* Vietnam Campaign Medal
* Army Commendation Medal
* two overseas service bars
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)
* Expert Marksmanship Qualification Badge with Rifle Bar (M-16)

5.  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, and 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

6.  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 through 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.  

8.  Army Regulation 600-8-22 (Military Awards) states a bronze star is authorized for wear on the Vietnam Service Medal to denote campaign participation.  

9.  Department of the Army (DA) Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows his unit, the 2nd Battalion, 320th Artillery, was cited for the:

* Republic of Vietnam Gallantry Cross with Palm Unit Citation, for the period 19 July 1968 through 14 May 1969, by DAGO Number 51, dated 1971
* Republic of Vietnam Civil Actions Honors Medal First Class Unit Citation, for the period 18 March 1968 through 2 May 1970, by DAGO Number 48, dated 1971

DISCUSSION AND CONCLUSIONS:

1.  GO awarded the applicant the Bronze Star Medal for meritorious service in Vietnam; therefore, he is entitled to correction of his DD Form 214 to show this award.

2.  The applicant's DD Form 214 already shows the Army Commendation Medal. No further action is required regarding this award. 

3.  The evidence of records shows the applicant received "excellent" conduct and efficiency ratings during his period of active duty, served in Vietnam, and attained pay grade E-5.  Therefore, he is entitled to award of the Army Good Conduct Medal (1st Award) for his period of service from 18 March 1968 through 9 March 1970 and its addition to his DD Form 214.

4.  He served in Vietnam during three campaigns; therefore, he is entitled to award of three 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.  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 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 18 March 1968 through 9 March 1970
* deleting from his 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 three bronze service stars
* 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)                                         AR20130017807





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ABCMR Record of Proceedings (cont)                                         AR20130017807



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