BOARD DATE:	  22 July 2014

		DOCKET NUMBER:  AR20130020521 


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

2.  The applicant states his awards of the BSM and ARCOM were awarded after his release from active duty (REFRAD) and were never added to his DD Form 214.

3.  The applicant provides copies of his certificates and citations for awards of the BSM and ARCOM.

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 on 25 September 1970.  He completed his one-station unit training as a light weapons infantryman at Fort Jackson, South Carolina and was transferred to Vietnam on 12 March 1971. 

3.  He was initially assigned to Company A, 4th Battalion, 31st Infantry Regiment and on 8 October 1971 he was transferred to the 1st Battalion, 502d Infantry Regiment.

4.  He served in three campaigns and departed Vietnam on 29 January 1972.  He was honorably REFRAD on 30 January 1972.  He had served 1 year, 
4 months, and 6 days of active service.  His DD Form 214 shows he was awarded the National Defense Service Medal, Vietnam Service Medal, Combat Infantryman Badge, and the Republic of Vietnam Campaign Medal with Device (1960).

5.  General Orders Number 988, published by Headquarters, 101st Airborne Division on 1 February 1972 awarded the applicant the BSM for meritorious service during the period March 1971 to March 1972.

6.  The ARCOM citation and certificate provided by the applicant with his application indicates that on 10 October 1972 the ARCOM was awarded to the applicant for meritorious achievement during the period 11 March to 8 October 1971.

7.  A review of his official records failed to show orders awarding him the ARCOM.  However, they show that he had “excellent” conduct and efficiency ratings throughout his service and is void of any derogatory information that would serve to disqualify him for award of the Army Good Conduct Medal.

8.  Army Regulation 600-8-22 (Military Awards) states the ARCOM may be awarded to any member of the Armed Forces of the United States who, while serving in any capacity with the Army after 6 December 1941, distinguishes himself or herself by heroism, meritorious achievement, or meritorious service.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

9.  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.
10.  Army Regulation 600-8-22 states a bronze service star based on qualifying service for each campaign listed in appendix B will be worn on the appropriate service medal, including the Vietnam Service Medal.

11.  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 applicant's unit was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation during the period he was assigned to the unit.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant was awarded the BSM in duly-authenticated orders and is entitled to have that award added to his DD Form 214.

2.  Although there are no orders contained in the available records showing the applicant was awarded the ARCOM, it is reasonable to presume that he was in fact awarded the ARCOM as the dates of the award coincide with his first assignment in Vietnam with Company A, 4th Battalion, 31st Infantry Regiment.  Accordingly, it should be added to his DD Form 214.

3.  The applicant met the criteria for award of the Army Good Conduct Medal (1st Award) for the period 25 September 1970 to 30 January 1972.  Accordingly, it should be awarded at this time and added to his DD Form 214.

4.  The applicant served in three campaigns in Vietnam and is entitled to wear three bronze service stars on his already-awarded Vietnam Service Medal and to have them added to DD Form 214. 

5.  Additionally, his unit was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation during the period he served with the unit; therefore, he is entitled to have that unit award added to his DD Form 214.

BOARD VOTE:

___X_____  ___X_____  ___X__  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1. 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: 

* Deleting the award of the Vietnam Service Medal from his DD Form 214
* Awarding him the Army Good Conduct Medal (1st Award) for the period 25 September 1970 to 30 January 1972
* Adding the Vietnam Service Medal with three bronze service stars, Army Good Conduct Medal (1st Award), Bronze Star Medal, Army Commendation Medal, and Republic of Vietnam Gallantry Cross with Palm Unit Citation to his DD Form 214

2.  The Board wants the applicant and all others to know that the sacrifices he made in service to the United States during the Vietnam War are deeply appreciated.  The applicant and all Americans should be justifiably proud of his service in arms.



      _______ _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)                                         AR20130020521





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ABCMR Record of Proceedings (cont)                                         AR20130020521



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