BOARD DATE:	  5 August 2014

		DOCKET NUMBER:  AR20130020347 


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

2.  The applicant states:

* his DD Form 214 shows he received the BSM, but he actually received three awards of the BSM during his time in Vietnam
* two awards of the BSM were for valor
* he is a valid recipient of these awards and would like his record to be accurate

3.  The applicant provides:

* orders for the BSM with “V” Device
* orders for the BSM with “V” Device (First Oak Leaf Cluster)
* orders for the BSM for meritorious service
* 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 20 August 1969.  He arrived in Vietnam on 22 January 1970.  His DA Form 20 (Enlisted Qualification Record) shows he served as a light weapons infantryman assigned to Company B, 2nd Battalion of the 501st Infantry in Vietnam from 2 February 1970 to 24 March 1971.  On 25 March 1971, he was honorably released from active duty in the rank of specialist four after completing 1 year, 7 months, and 
6 days 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
* Air Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* Bronze Star Medal
* Army Commendation Medal
* Two Overseas Service Bars
* Sharpshooter Marksmanship Qualification Badge with Rifle Bars (M-14 and M-16) and MachineGun Bar (M-60) 

4.  General Orders Number 10065, dated 30 August 1970, show he was awarded the BSM with "V" Device for heroism on 19 April 1970.

5.  General Orders Number 11223, dated 18 September 1970, show he was awarded the BSM with "V" Device (First Oak Leaf Cluster ) (2nd Award) for heroism on 14 July 1970.

6.  General Orders Number 13386, dated 7 November 1970, awarded him the BSM for meritorious service during the period 1 February 1970 to 31 October 1970.

7.  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.

8.  Records show he participated in the following three campaigns during his assignment in Vietnam.

* Vietnam Winter - Spring 1970 (1 November 1969 - 30 April 1970)
* Sanctuary Counteroffensive (1 May - 30 June 1970)
* Vietnam Counteroffensive Phase VII (1 July 1970 - 30 June 1971)

9.  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 2nd Battalion, 501st Infantry was cited for award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 18 March 1968 to 2 May 1970 by Department of the Army General Orders (DAGO) Number 48, dated 1971.

10.  DAGO Number 8, dated 1974, announced award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to the following units:

	a.  Headquarters, U.S. Military Assistance Command and its subordinate units during the period 8 February 1962 to 28 March 1973.

	b.  Headquarters, U.S. Army Vietnam, and its subordinate units, during the period 20 July 1965 to 28 March 1973.

11.  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.

12.  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.  The applicant's DD Form 214 shows one award of the BSM, but general orders show he received three awards of the BSM during his service in Vietnam of which two awards were for valor.  Therefore, his DD Form 214 should be corrected to show the BSM with "V" Device (3rd Award).

2.  He was honorably released from active duty in the rank of specialist four with 19 months of total active service and no time lost.  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 Army Good Conduct Medal (1st Award) for the period 
20 August 1969 through 25 March 1971 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 Army Good Conduct Medal 
(1st Award) and his DD Form 214 should be corrected to show this award.

3.  He participated in three campaigns during his assignment in Vietnam which entitles him to three bronze service stars for wear on his already-awarded Vietnam Service Medal.  Therefore, his DD Form 214 should be corrected to show these bronze service stars.

4.  His unit 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.  All units in Vietnam were awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation during his service in Vietnam.  Therefore, he is also entitled to correction of his DD Form 214 to show this unit award.

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 (1st Award) for the period 
20 August 1969 through 25 March 1971;

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

 	c.  adding to his DD Form 214 the:

* BSM with "V" Device (3rd Award)
* Army Good Conduct Medal (1st Award)
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation
* Republic of Vietnam Gallantry Cross with Palm Unit Citation 
* Vietnam Service Medal with three bronze service stars 



      __________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)                                         AR20130020347





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ABCMR Record of Proceedings (cont)                                         AR20130020347



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