IN THE CASE OF:	  WALKER, BERNARD JR. 

		BOARD DATE:	  24 July 2014

		DOCKET NUMBER:  AR20130019569 


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 he has the award and the orders for the BSM.

3.  The applicant provides the first page of the award orders and the certificate.

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 27 May 1968.  He served in Vietnam from 30 May 1969 to 28 April 1970.

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

a.  item 38 (Record of Assignments) that while in Vietnam he served with:

(1)   Headquarters and Headquarters Battery, 2nd Battalion, 11th Artillery
Regiment, 101st Airborne Division on 11 June 1969 and

(2)   Bravo Battery, 2d Battalion, 11th Artillery Regiment, 101st Airborne
Division during the period 12 June 1969 to 16 April 1970.

	b.  item 38 he received all "excellent" conduct and efficiency ratings throughout his service; and

	c.  item 41 (Awards and Decorations) does not show award of the BSM.

4.  He submitted and the Awards and Decorations Computer-Assisted Retrieval System (ADCARS), an index of general orders issued during the Vietnam era between 1965 and 1973 maintained by the U.S. Army Human Resources Command Military Awards Branch, contains the first page of General Orders Number 3723, issued by Headquarters, 101st Airborne Division (Airmobile), dated 1 April 1970, which show the applicant was awarded the BSM.

5.  On 28 April 1970, he was released from active duty after completing 1 year, 11 months, and 2 days of net active service during this period.  His DD Form 214 shows he was awarded or authorized the:

* National Defense Service Medal
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* Army Commendation Medal
* two Overseas Service Bars
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-16)
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)

6.  Army Regulation 600-8-22 (Military Awards) contains the regulatory guidance for the Vietnam Service Medal.  It states 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, participation credit was awarded for the following three campaigns:

* Tet 69/Counteroffensive (23 February - 8 June 1969)
* Summer-Fall 1969 (9 June - 31 October 1969)
* Winter-Spring 1970 (1 November 1969 - 30 April 1970)
7.  Department of the Army General Orders Number 8, dated 1974, awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation to Headquarters, U.S. Military Assistance Command, and its subordinate units during the period 8 February 1962 to 28 March 1973 and to Headquarters, U.S. Army Vietnam, and its subordinate units during the period 20 July 1965 to 28 March 1973.

8.  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.  

DISCUSSION AND CONCLUSIONS:

1.  General orders show the applicant was awarded the BSM.  Therefore, he is entitled to correction of his DD Form 214 to show this award.

2.  The available evidence confirms the applicant served in the Army from 
27 May 1968 to 28 April 1970.  His records show he received "excellent" conduct and efficiency ratings throughout his service.  There is no evidence of any derogatory information that would have disqualified him from award of the Army Good Conduct Medal.  Therefore, it would be appropriate to award him the Army Good Conduct Medal (1st Award) for the period 27 May 1968 to 28 April 1970 and correct his DD Form 214 to show this medal.

3.  General orders awarded his unit the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  Therefore, he is entitled to correction of his DD Form 214 to show this unit award.

4.  Records show the applicant participated in three campaigns while serving in Vietnam.  Therefore, he is authorized to wear three bronze service stars on his already-awarded Vietnam Service Medal and correction of his DD Form 214 to show these service stars.








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 is 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 (1st Award) for the period of service 27 May 1968 to 28 April 1970;

	b.  deleting the Vietnam Service Medal from his DD Form 214; and 

	c.  adding the Bronze Star Medal, Army Good Conduct Medal (1st Award), Vietnam Service Medal with three bronze service stars, and Republic of Vietnam Gallantry Cross with Palm 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)                                         AR20130019569





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ABCMR Record of Proceedings (cont)                                         AR20130019569



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