IN THE CASE OF:	  

		BOARD DATE:	  11 June 2014

		DOCKET NUMBER:  AR20130018626 


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 a "V" Device on his already-awarded Bronze Star Medal.

2.  The applicant states the citation for award of his Bronze Star Medal includes the "V" Device.

3.  The applicant provides copies of:

* DD Form 214
* General Orders Number 8225, 1st Infantry Division, dated 15 November 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 28 November 1966, the applicant was inducted into the Army of the United States.  He completed training and was awarded military occupational specialty (MOS) 91B (Medical Specialist).

3.  On 22 April 1967, the applicant departed Fort Sam Houston, TX for duty in the RVN.

	a.  On 24 May 1967, he was assigned as an ambulance driver with the 
1st Battalion, 18th Infantry Regiment, 1st Infantry Division.

	b.  General Orders Number 8225, 1st Infantry Division, dated 
15 November 1967, as in his service records and provided by the applicant, announced his award of the Bronze Star Medal with "V" Device for heroism in connection with military operations against a hostile force on 11 October 1967.

	c.  On 20 November 1967, he was reassigned to the 1st Medical Battalion, 1st Infantry Division.

	d.  On 10 March 1968, he was reassigned back to the 1st Battalion, 18th Infantry Regiment, 1st Infantry Division.

	e.  On 6 May 1968, he departed the RVN and returned to the United States.  He was subsequently assigned to Fort Hood, TX.

4.  On 27 November 1968, the applicant was released from active duty and transferred to the U.S. Army Reserve Control Group (Annual Training).  He had attained the rank of specialist five, pay grade E-5, and had completed 2 years of creditable active duty service.

5.  The applicant's DD Form 214 shows his awards as:

* National Defense Service Medal
* Bronze Star Medal
* Marksman Marksmanship Qualification Badge with Rifle Bar
* Combat Medical Badge
* Vietnam Service Medal with three bronze service stars
* Purple Heart
* RVN Campaign Medal

6.  The DA Form 20 (Enlisted Qualification Record) pertaining to the applicant shows in Item 38 (Record of Assignments) that his conduct and efficiency ratings were “excellent.”  The applicant’s records do not contain any evidence of disciplinary action.  There is no evidence to show that the commander took any action to deny him the Army Good Conduct Medal.

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

	a.  A bronze service star will be worn on the Vietnam Service Medal to denote participation in each campaign.

	b.  Appendix B of this regulation indicates, based on the applicant's dates of service in the RVN, that he participated in the following four campaign periods:

* the Vietnam Counteroffensive, Phase II
* the Vietnam Counteroffensive, Phase III
* the Tet Counteroffensive
* the Vietnam Counteroffensive, Phase IV

8.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in the RVN.  This publication shows that:

	a.  the 1st Battalion, 18th Infantry Regiment, during the time of the applicant's assignment, was cited in Department of the Army General Orders (DAGO) Number 32, dated in 1973 for award of the Valorous Unit Award (VUA); and

	b.  the 1st Medical Battalion, during the time of the applicant's assignment, was cited in DAGO Number 48, dated in 1968 for award of  the Meritorious Unit Commendation (MUC); in  DAGO Number 21, dated in 1969 for award of the RVN Gallantry Cross with Palm Unit Citation; and in DAGO Number 53, dated in 1970 for award of the RVN Civil Actions Honor Medal First Class Unit Citation.

9.  Army Regulation 672-5-1 (Awards), in effect at the time, provided that the Army Good Conduct Medal (AGCM) was awarded to enlisted Soldiers who had completed a qualified period of active duty enlisted service.  This period is 3 years except in those cases when the period for the first award ends with the termination of a period of Federal military service.  The enlisted person must have had all "excellent" conduct and efficiency ratings and no convictions by a court-martial.



DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 should be corrected to show a "V" Device on his already-awarded Bronze Star Medal.

2.  General orders clearly show that the applicant's Bronze Star Medal was awarded with the "V" Device.  His DD Form 214 does not show this device and, therefore, should be corrected.

3.  The applicant's unit was cited in general orders for award of the VUA and MUC.  Therefore, his DD Form 214 should be corrected to show these two unit awards.

4.  The applicant’s records clearly show that he distinguished himself in the performance of his military service by attaining the rank of specialist five, pay grade E-5 and by receiving all “excellent” conduct and efficiency ratings.  Therefore, it is presumed that his not receiving an AGCM for his service was an oversight.  Accordingly, he should be awarded this medal.

5.  The available evidence clearly shows that the applicant participated in four campaign periods during his service in the RVN.  Therefore, he is authorized an additional bronze service star to be affixed to his already-awarded Vietnam Service Medal with three bronze service stars.

6.  The applicant's unit was cited in general orders for award of the RVN Gallantry Cross with Palm Unit Citation and the RVN Civil Actions Honor Medal First Class Unit Citation.  Therefore, his DD Form 214 should be corrected to show these two foreign unit awards.

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:

	a.  awarding him the Army Good Conduct Medal for the period 
28 November 1966 to 27 November 1968; and

	b.  adding to his DD Form 214:

* a "V" Device to his already-awarded Bronze Star Medal
* Army Good Conduct Medal
* Valorous Unit Award
* Meritorious Unit Commendation
* A bronze service star to his already-awarded Vietnam Service Medal with three bronze service stars
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor 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)                                         AR20130018626





3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20130018626



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1