IN THE CASE OF:	  

		BOARD DATE:	  24 June 2014

		DOCKET NUMBER:  AR20130019220 


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, in effect, 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 (BSM).

2.  The applicant states the BSM is not recorded on his service records.

3.  The applicant provides copies of his DD Form 214 for the period ending 11 September 1969 and a BSM Certificate with Citation. 

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 18 October 1967, the applicant was inducted into the Army of the United States.  He was awarded military occupational specialty 11B (Light Weapons Infantryman).  The highest rank/grade he held on active duty was sergeant 
(SGT) /E-5.

3.  His DA Form 20 (Enlisted Qualification Record) shows in:

* item 38 (Record of Assignments), he was assigned to:

* 1st Battalion, 28th Infantry, 1st Infantry Division, performing duties as a team leader during the period 28 September 1968 to 5 February 1969
* 1st Battalion, 61st Infantry, 1st Brigade, 5th Infantry Division (Mechanized), performing duties as a team leader during the period 
6 February 1969 to 9 September 1969

* item 38 – he received all "excellent" conduct and efficiency ratings throughout his service

4.  General Orders Number 1782 issued by Headquarters, XXIV Corps, dated 11 October 1969, awarded him the BSM for meritorious service in the Republic of Vietnam (RVN).

5.  On 11 September 1969, he was honorably released from active duty.  He completed 1 year, 10 months, and 24 days of total active service.

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

* National Defense Service Medal
* Combat Infantryman Badge
* Army Commendation Medal
* Purple Heart 
* Vietnam Service Medal (VSM)
* Republic of Vietnam (RVN) Campaign Medal with Device (1960)
* Expert Marksmanship Qualification Badge with Rifle Bar (M-14)
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-16)
* 1st Class Gunner (now called Sharpshooter) Marksmanship Qualification Badge with Machinegun Bar (M-60)
* two overseas service bars


7.  His records are void of any orders or other documents that indicate he was awarded the Army Good Conduct Medal (AGCM) by proper authority.  There are no adverse actions recorded in the applicant's available records or any record of a disqualification by his chain of command that would have precluded him from being recommended for or awarded the AGCM.

8.  Army Regulation 672-5-1 (Military Awards), in effect at the time, required that the enlisted person must have had all "excellent" conduct and efficiency ratings and no convictions by a court-martial throughout a qualifying period of service for award of the AGCM.  This period was 3 years except in those cases when the period for the first award ended with the termination of a period of Federal military service of less than 3 years but more than 1 year.

9.  Army Regulation 600-8-22 (Military Awards) provides Department of the Army policy, criteria, and administrative instructions concerning individual military decorations, Army Good Conduct Medal, service medals and ribbons, combat and special skill badges and tabs, unit decorations, and similar devices awarded in recognition of accomplishments.  It states:

   a.  the Vietnam Service Medal is awarded to all members of the Armed Forces of the United States for qualifying service in Vietnam after 3 July 1965 through 28 March 1973.  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, the applicant participated in the following 4 campaigns:

* Vietnam Counteroffensive Phase V (1 July - 1 November 1968)
* Vietnam Counteroffensive Phase VI (2 November 1968 - 22 February 1969)
* Tet 69 Counteroffensive, 1969 (23 February - 8 June 1969)
* Vietnam Summer - Fall 1969 (9 June - 31 October 1969)

10.  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 1st Battalion, 28th Infantry, was awarded the following during his assignment to the unit:

* RVN Gallantry Cross with Palm Unit Citation for the period 12 July 1965 to 16 October 1968 by Department of the Army General Orders (DAGO) Number 21, dated 1969
* RVN Civil Actions Honor Medal First Class Unit Citation for the period October 1965 to 7 April 1970 by DAGO Number 53, dated 1970

DISCUSSION AND CONCLUSIONS:

1.  General orders awarded him the BSM.  Therefore, his DD Form 214 should be corrected to show this award.

2.  He completed a period of qualifying service ending with the termination of a period of active Federal military service.  Records show he received all "excellent" conduct and efficiency ratings throughout his service.  There is no record of any disciplinary actions or a commander's disqualification that would have precluded the applicant from being recommended for or awarded the first award of the AGCM.  The fact he was awarded a BSM, Army Commendation Medal, and held the rank of SGT depicts his actions and service as honorable.  Therefore, it would be appropriate at this time to award him the AGCM (1st Award) for the period 18 October 1967 through 11 September 1969 and to add this award to his DD Form 214.

3.  He participated in four campaigns during his service in Vietnam.  Therefore, he is entitled to correction of his DD Form 214 to show the Vietnam Service Medal with four bronze service stars.

4.  A unit he was assigned to was awarded the RVN Gallantry Cross with Palm Unit Citation and the RVN Civil Actions Honor Medal First Class Unit Citation during his service with that unit in Vietnam.  Therefore, his DD Form 214 should be corrected to show these unit awards.

5.  In view of the foregoing, he is entitled to have his records corrected as
recommended below.

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 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 from his DD Form 214 the VSM;

   b.  awarding him the AGCM (1st Award) for the period 18 October 1967 through 11 September 1969; and

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

* BSM
* AGCM (1st Award)
* VSM with four bronze service stars
* RVN Gallantry Cross with Palm Unit Citation
* RVN 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)                                         AR20130019220



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ABCMR Record of Proceedings (cont)                                         AR20130019220



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