BOARD DATE:  17 June 2014

		DOCKET NUMBER:  AR20130018084


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.  He further requests correction of his DD Form 214 to show he was separated in the rank/grade of specialist four (SP4)/E-4.

2.  The applicant states his DD Form 214 does not reflect his award of the Bronze Star Medal, but he is attaching a copy of the certificate as evidence that he was awarded the Bronze Star Medal for service in the Republic of Vietnam from September 1966 through April 1967.

3.  The applicant provides his DD Form 214; Bronze Star Medal Certificate; and Headquarters, U.S. Army Personnel Center, Fort Dix, Fort Dix, NJ, Special Orders Number 81, dated 22 March 1967.

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.  On 30 March 1965, the applicant was inducted into the Army of the United States.  He entered active duty, completed his initial entry training, and was awarded military occupational specialty 11C (Indirect Fire Infantryman).

3.  On or about 7 September 1965 upon completion of his initial entry training, he was reassigned to Company A, 2nd Battalion, 14th Infantry Regiment, 25th Infantry Division, at Schofield Barracks, HI.

4.  On 10 January 1966, he was promoted to the rank/grade of private first class (PFC)/E-3.

5.  On or about 16 April 1966, the applicant deployed to the Republic of Vietnam with the 2nd Battalion, 14th Infantry Regiment.  He arrived on or about 28 April 1966 and he served in Vietnam until he was released from active duty on 23 March 1967.

6.  Headquarters, 25th Infantry Division, General Orders Number 1196, dated 4 April 1967, awarded him the Bronze Star Medal for meritorious service in connection with military operations against a hostile force in the Republic of Vietnam, during the period September 1966 to April 1967 (prepared for projected date of eligibility for return from overseas).

7.  On 23 March 1967, he was honorably released from active duty and transferred to the U.S. Army Reserve.  His DD Form 214 shows he was awarded or authorized the:

* Combat Infantryman Badge
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* National Defense Service Medal
* overseas service bar
* Purple Heart

8.  His records are void of any documents showing he was promoted to SP4/E-4.

9.  He provided Headquarters, U.S. Army Personnel Center, Fort Dix, Fort Dix, NJ, Special Orders Number 81, dated 22 March 1967, releasing him from active duty as evidence that he was promoted to SP4/E-4.  These orders identify his rank/grade as PFC/E-3 and contain the entry "No yrs svc pay gr E4:  NA [not applicable]."  This entry indicates he was not credited with any service in the rank/grade of SP4/E4.  The number of years of service in pay grade E-4 is documented for each Soldier identified in these orders as a standard entry.

10.  His records indicate he may be authorized additional awards which are not shown on his DD Form 214.

11.  Item 41 (Awards and Decorations) of his DA Form 20 (Enlisted Qualification Record) shows he was awarded the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14) by Headquarters, 4th Training Brigade, U.S. Army Training Center, Armor, Fort Knox, KY, Special Orders Number 86, dated 19 May 1965.

12.  There is no indication in his available records showing he was awarded the Army Good Conduct Medal.  Item 38 (Record of Assignments) of his DA Form 20 shows he received "excellent" conduct and efficiency ratings throughout his service.  There is no evidence of a commander's disqualification for the award.  Additionally, there is no evidence of any convictions by court-martial or nonjudicial punishment under Article 15, Uniform Code of Military Justice.

13.  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, and he/she could not have been convicted by court-martial.

14.  Army Regulation 600-8-22 (Military Awards) provides that the Vietnam Service Medal was awarded to all members of the Armed Forces of the United States for qualifying service in Vietnam during the period 3 July 1965 through 28 March 1973.  A bronze service star is authorized for wear on the Vietnam Service Medal for participation in each credited campaign.  Appendix B shows that during his service in Vietnam, participation credit was awarded for the following two campaigns:

* Vietnam Counteroffensive (25 December 1965-30 June 1966)
* Vietnam Counteroffensive Phase II (1 July 1966-31 May 1967)

15.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in the Republic of Vietnam.  This document shows the 2nd Battalion, 14th Infantry Regiment, the unit to which he was assigned, was cited for the following unit awards:

* Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 1 April 1966 through 31 August 1968 in Department of the Army General Orders Number 48, dated 1971
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 20 April 1966 through 21 January 1970 in Department of the Army General Orders Number 51, dated 1971

16.  Army Regulation 670-1 (Wear and Appearance of Army Uniform and Insignia) governs the requirements for the overseas service bar.  It states one bar is authorized for wear for each period of active Federal service as a member of the U.S. Army performed outside the continental limits of the United States for the specific time frames and areas of operation cited in Army Regulation 670-1 or appropriate Department of the Army message.  For Vietnam service, one overseas service bar was authorized for each 6-month period of active Federal service performed in Vietnam from 1 July 1958 to 28 March 1973.  Both the month of arrival and the month of departure from Vietnam were counted as whole months for credit toward the overseas service bar.

DISCUSSION AND CONCLUSIONS:

1.  General orders awarded him the Bronze Star Medal which is not shown on his DD Form 214.  Therefore, he is entitled to correction of his DD Form 214 to show this award.

2.  He served honorably from 30 March 1965 through 23 March 1967.  His records show he received "excellent" conduct and efficiency ratings throughout his service.  There is no evidence of any disciplinary or derogatory actions or a commander's disqualification for the first award of the Army Good Conduct Medal.  Therefore, as a matter of equity, it would be appropriate to award him the Army Good Conduct Medal (1st Award) and to correct his DD Form 214 to show this award.

3.  Special orders awarded him the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14) which is not shown on his DD Form 214.  Therefore, he is entitled to correction of his DD Form 214 to show this award.

4.  His records show he participated in two campaigns during his service in the Republic of Vietnam.  Therefore, he is entitled to correction of his DD Form 214 to show two bronze service stars with his previously-awarded Vietnam Service Medal.

5.  General orders awarded his unit of assignment in Vietnam the Republic of Vietnam Gallantry Cross with Palm Unit Citation and Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation which are not shown on his DD Form 214.  Therefore, he is entitled to correction of his DD Form 214 to show these unit awards.

6.  His records show he completed sufficient qualifying service in Vietnam for authorization to wear two overseas service bars.  Therefore, he is entitled to correction of his DD Form 214 to show two these service bars.

7.  He contends his records should be corrected to show he was separated from active duty in the rank/grade of SP4/E-4; however, the evidence of record does not support this contention.  His records are void of documentation showing he was promoted to SP4/E-4.  Barring evidence to the contrary, there is an insufficient basis to grant this portion of the requested relief.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____X____  ____X____  __X__  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined the evidence presented is sufficient to warrant a recommendation for partial 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 30 March 1965 through 23 March 1967,

	b.  deleting award of the Vietnam Service Medal and overseas service bar from his DD Form 214, and

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

* Bronze Star Medal
* Army Good Conduct Medal
* Vietnam Service Medal with two bronze service stars
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)
* two overseas service bars

2.  The Board further determined the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to correcting his DD Form 214 to show he was separated from active duty in the rank/grade of SP4/E-4.



      ____________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)                                         AR20100015543



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20130018084



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1