IN THE CASE OF:  

		BOARD DATE: 24 July 2014

		DOCKET NUMBER:  AR20130021306


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 correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show he was awarded the Combat Infantryman Badge and to add completion of basic airborne training.

2.  The applicant states his DD Form 214 was not completed correctly.

3.  The applicant provides a copy of his 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 on 5 September 1968.  He completed training, including basic airborne and ranger training, and was awarded military occupational specialty 11B (Light Weapons Infantryman).
3.  His DA Form 20 (Enlisted Qualification Record) shows in:

	a.  item 31 (Foreign Service) he served in Vietnam from 10 September 1969 through 29 August 1970;

	b.  item 38 (Record of Assignments) that he was assigned to Headquarters and Headquarters Company, 4th Battalion, 23rd Infantry, 25th Infantry Division, in Vietnam, effective 17 September 1969; 

	c.  item 41 (Awards and Decorations):

* National Defense Service Medal
* Ranger Tab
* Parachutist Badge
* Bronze Star Medal with "V" Device
* Army Commendation Medal with "V" Device
* Combat Infantryman Badge
* Army Commendation Medal (1st Oak Leaf Cluster)
* Republic of Vietnam Campaign Medal with Device (1960)
* one Overseas Service Bar
* Army Commendation Medal (2nd Oak Leaf Cluster)
* Bronze Star Medal (1st Oak Leaf Cluster)
* Sharpshooter Marksmanship Qualification Badge with Rifle and Machinegun Bars

	d.  item 45 (continuation from item 28 (Military Education)) he completed Basic Airborne, 3 weeks, 1969.

4.  All his conduct and efficiency ratings were "excellent" with the exception of the period he was a student in Ranger School (12 May to 10 July 1969) in which his efficiency was marked as "Good."

5.  The applicant's DD Form 214 shows he was honorably released from active duty on 30 August 1970, as a staff sergeant (SSG)/E-6.  He had completed 1 year, 11 months, and 26 days of active duty service.  

6.  His DD Form 214 shows his authorized awards as the:

* National Defense Service Medal
* Bronze Star Medal
* Army Commendation Medal 
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)

7.  His record contains copies of orders showing he was awarded the:

* Bronze Star Medal with "V" Device for action on 5 October 1969
* Army Commendation Medal with "V" Device for action on 16 November 1969 
* Combat Infantryman Badge 
* Army Commendation Medal (1st Oak Leaf Cluster) 
* Army Commendation Medal with "V" Device (2nd Oak Leaf Cluster) for action on 25 May 1970
* Bronze Star Medal (1st Oak Leaf Cluster)

8.  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.  During his service in Vietnam, the applicant participated in the following four campaigns:  

* Vietnam Summer - Fall 1969                    9 June - 31 October 1969
* 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.  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 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.  Service school efficiency ratings based upon academic proficiency of at least “Good” rendered subsequent to 
22 November 1955 were not disqualifying.  There must have been no convictions by a court-martial.  

10.  Army Regulation 635-5 (Separation Documents), in effect at the time, establishes the standardized policy for preparing and distributing the DD Form 214.  The regulation directs, in pertinent part, that the purpose of the separation document is to provide the individual with documentary evidence of his or her military service at the time of release from active duty, retirement or discharge.  It states for item 24 (Education and Training Completed):  For enlisted personnel:  Enter installation training courses (qualification courses), military correspondence courses, off-duty courses completed successfully during the period covered by the DD Form 214.  Enter service schools, including major courses which were successfully completed, and military sponsored courses completed in civilian schools and colleges during the period covered by the DD Form 214.  

11.  Army Regulation 670-1 (Uniforms and Insignia) governs the requirements for the overseas service bar.  For Vietnam service, one overseas service bar was authorized for each period of 6 months of active Federal service as a member of a U.S. Service in Vietnam from 1 July 1958 to 28 March 1973.  Both the month of arrival and the month of departure from Vietnam were counted as whole months for credit toward the overseas service bar.

12.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in the Republic of Vietnam.  This pamphlet shows that the 4th Battalion, 23d Infantry was cited for award of the:

	a.  Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 1 September 1968-30 September 1970 by Department of the Army General Orders (DAGO) Number 5, dated 1973.

	b.  Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 30 April 1966-21 January 1970 by DAGO Number 51, dated 1971.

DISCUSSION AND CONCLUSIONS:

1.  Orders show the applicant was awarded the Bronze Star Medal with "V" Device for action on 5 October 1969, Army Commendation Medal with "V" Device, Combat Infantryman Badge, Army Commendation Medal (1st Oak Leaf Cluster), Army Commendation Medal with "V" Device (2nd Oak Leaf Cluster), and the Bronze Star Medal (1st Oak Leaf Cluster).

2.  His DA Form 20 shows he was awarded the Parachutist Badge, Ranger Tab, Sharpshooter Marksmanship Qualification Badge with Rifle and Machinegun Bars, and one Overseas Service Bar.

3.  The applicant was not awarded the Army Good Conduct Medal, but he served a period of continuous, honorable active duty enlisted service from 5 September 1968 through 30 August 1970:

a. there is no evidence of any disciplinary action, adverse information, or commander’s disqualification for the first award of the Army Good Conduct Medal;

	b.  he had all "Excellent" conduct and efficiency ratings except for the period he was a student in Ranger Training where his efficiency was marked as "Good"; and 

	c.  in the absence of the unit commander's recommendation, the applicant’s records show he distinguished himself in the performance of his military service as evidenced by his attaining the rank of SSG and receiving personal decorations including several for heroism.  Based on the available evidence, it would be appropriate to award the applicant the Army Good Conduct Medal.

4.  He also participated in four campaign periods during his service in the Vietnam.  Therefore, he is entitled to four bronze service stars for wear on his already-awarded Vietnam Service Medal.

5.  During his service in Vietnam he qualified for two overseas service bars.

6.  During the applicant's service in Vietnam his unit was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation. 

7.  His DD Form 214 should be corrected to show these awards.

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 the applicant the Army Good Conduct Medal (First Award) for the period 5 September 1968 through 30 August 1970; 

	b.  deleting from item 24 of his DD Form 214 the Army Commendation Medal and the Bronze Star Medal;

	c.  adding to item 24 of his DD form 214 the:

* Bronze Star Medal with "V" Device (2 Awards)
* Army Commendation Medal with "V" Device (3 Awards)
* Combat Infantryman Badge
* Army Good Conduct Medal (First Award)
* four bronze service stars for wear on his already-awarded Vietnam Service Medal
* Parachutist Badge
* Ranger Tab
* Sharpshooter Marksmanship Qualification Badge with Rifle and Machinegun Bars
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation
* two Overseas Service Bars

	d.  adding to item 25 of his DD Form 214:  Basic Airborne, 3 weeks, 1969.



      ______________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)                                         AR20100025029



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ABCMR Record of Proceedings (cont)                                         AR20130021306



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