IN THE CASE OF:	   

		BOARD DATE:	  26 June 2014

		DOCKET NUMBER:  AR20130018888 


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 the Bronze Star Medal (BSM) be added to his 
DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge). 

2.  The applicant states documentation of valorous combat service was left off of his DD Form 214. 

3.  The applicant provides:

* Orders, citation, and award certificate for the BSM
* 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 21 March 1968.  He arrived in Vietnam on 26 August 1968.  He served as a survey radar crewman assigned to Troop C, 3rd Squadron, 4th Cavalry of the 25th Infantry Division in Vietnam from 3 September 1968 to 18 July 1969.  He was assigned to Headquarters and Headquarters Troop, 3rd Squadron, 4th Cavalry of the 
25th Infantry Division in Vietnam from 19 July 1969 to 22 August 1969.  On 
20 March 1970, he was honorably released from active duty in the rank of sergeant after completing 2 years of creditable active service with no time lost.  

3.  His DD Form 214 shows he was awarded or authorized the:

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

4.  Orders, dated 16 July 1969, show he received the BSM.

5.  Records show he participated in four campaigns during his assignment in Vietnam.

6.  There is no evidence the applicant received the first award of the Army Good Conduct Medal.  There is no evidence of any disciplinary action or a commander's disqualification that would have precluded him from being awarded the Army Good Conduct Medal.  Item 38 (Record of Assignments) of his DA Form 20 shows he received all "excellent" conduct and efficiency ratings throughout his service.

7.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam.  This pamphlet shows the 3rd Squadron, 4th Cavalry was cited for award of the:

* Valorous Unit Award for actions during the period 1 January - 22 February 1969 in Department of the Army General Orders (DAGO) Number 
      39, dated 1970
* Republic of Vietnam Gallantry Cross with Palm Unit Citation for actions during the period 1 January - 31 March 1969 in DAGO Number 43, dated 1970
* Republic of Vietnam Gallantry Cross with Palm Unit Citation for actions during the period 1 April 1969 to 30 April 1970 in DAGO Number 5, dated 1973
8.  Department of the Army Pamphlet 672-3 also shows Troop C, 3rd Squadron, 4th Cavalry was cited for award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation in DAGO Number 51, dated 1971.

9.  Department of the Army Pamphlet 672-3, paragraph 6 (Miscellaneous Information), states that not more than one award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation may be worn by any individual.  Although wear of multiple awards of this unit citation is not authorized, official military personnel and historical records will show all awards received.

10.  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.  There must have been no convictions by a court-martial.

11.  Army Regulation 600-8-22 (Military Awards) states a bronze service star is worn on the appropriate service ribbon for each credited campaign, to include the Vietnam Service Medal.

DISCUSSION AND CONCLUSIONS:

1.  Orders show the applicant received the BSM.  Therefore, his DD Form 214 should be corrected to show this medal.

2.  His DD Form 214 shows the Vietnam Service Medal with two bronze service stars.  However, he participated in four campaigns during his assignment in Vietnam which entitles him to the Vietnam Service Medal with four bronze service stars.  His DD Form 214 should be corrected to show these additional bronze service stars.

3.  He was honorably released from active duty in the rank of sergeant with 
2 years of total active service and no lost time.  He received all "excellent" conduct and efficiency ratings throughout his service and he had no record of any disciplinary action or a commander's disqualification.  It appears he met the eligibility criteria for the first award of the Army Good Conduct Medal for the period 21 March 1968 through 20 March 1970 based on completion of a period of 


qualifying service ending with the termination of a period of Federal military service.  Therefore, he should be awarded the first award of the Army Good Conduct Medal and his DD Form 214 should be corrected to show this award.

4.  His unit (Troop C, 3rd Squadron, 4th Cavalry) in Vietnam was cited for the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation during his period of assignment.  Therefore, his DD Form 214 should be corrected to show this unit award.

5.  His unit (3rd Squadron, 4th Cavalry) in Vietnam was cited for the Valorous Unit Award during his period of assignment.  Therefore, his DD Form 214 should be corrected to show this unit award.

6.  His unit (3rd Squadron, 4th Cavalry) in Vietnam was also cited for two awards of the Republic of Vietnam Gallantry Cross with Palm Unit Citation while he was assigned to it.  Although he is entitled to wear only one of these awards, his DD Form 214 should be corrected to show both 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.  deleting the entry "Vietnam Service Medal w/2 Bronze Service Stars" from his DD Form 214;

	b.  awarding him the first award of the Army Good Conduct Medal for the period 21 March 1968 through 20 March 1970; and   



	c.  adding the BSM, Vietnam Service Medal with four bronze service stars, Army Good Conduct Medal (1st Award), Valorous Unit Award, Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, and Republic of Vietnam Gallantry Cross with Palm Unit Citation (2nd Award) to his DD Form 214.


      _______ _   _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)                                         AR20130018888





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ABCMR Record of Proceedings (cont)                                         AR20130018888



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