IN THE CASE OF:	 

		BOARD DATE:	  7 August 2014

		DOCKET NUMBER:  AR20130021307 


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 all his authorized awards be listed on a DD Form 215 (Correction to DD Form 214, Certificate of Release or Discharge from Active Duty) and issuance of the Bronze Star Medal.

2.  The applicant states he never received the Bronze Star Medal.

3.  The applicant provides copies of the award certificate and orders for the Bronze Star Medal.

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 22 January 1970, completed training as an infantryman, and served in Vietnam from 25 June 1970 until he was medically evacuated on 20 November 1970. 

3.  His DA Form 20 (Enlisted Qualification Record) shows he – 

* served with B Company, 3d Battalion, 22d Infantry, 25th Infantry Division from 4 July to 6 November 1970
* had no record of misconduct
* his conduct and efficiency ratings were exclusively “excellent” throughout his period of active duty service
* sustained a fragment wound to the left shoulder on 31 August 1970
* was awarded or authorized the National Defense Service Medal, Vietnam Service Medal and Combat Infantryman Badge 

4.  General Orders Number 9506, dated 11 September 1970, issued by the 25th Infantry Division awarded him the Purple Heart for combat wounds incurred on 31 August 1970.
 
5.  General Orders Number 11514, dated 29 November 1970, issued by the 25th Infantry Division awarded him the Bronze Star Medal for meritorious achievement for the period from 1 September to 31 October 1970.

6.  Special Orders Number 105, dated 17 April 1970, issued by Fort Polk, LA awarded him the Expert Marksmanship Qualification Badge with Pistol Bar.  In addition, Special Orders Number 126, dated 8 May 1970 awarded him the Expert Marksmanship Qualification Badge with Rifle Bar and the Sharpshooter Qualification Badge with Machinegun Bar.  

7.  He sustained a back injury in a helicopter crash as it lost power on 24 October 1970.  He was medically evacuated and ultimately retired on 16 April 1971 and placed on the temporary disability retired list (TDRL) in pay grade E-3.  His DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) shows his awards as the National Defense Service Medal, Vietnam Service Medal, and the Combat Infantryman Badge.

8.  The applicant appears to be eligible for other awards as follows: 

	a.  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.  There must have been no convictions by a court-martial.  

	b.  Army Regulation 600-8-22 (Military Awards) states:

		(1)  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 will be awarded for wear on the Vietnam Service Medal for participation in each credited campaign.  The applicant's tour of duty corresponds to the Consolidation I campaign period from 1 July - 30 November 1971.

		(2)  the Republic of Vietnam Campaign Medal (RVN) with Device (1960) was awarded by the Government of Vietnam to all members of the Armed Forces of the United States for qualifying service in Vietnam during the period 1 March 1961 through 28 March 1973.  Qualifying service included assignment in Vietnam for 6 months or more.  Also eligible award are individuals who qualified for the Vietnam Service Medal and served for less than six months of service but were wounded as a result of hostile action.

	c.  Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Roster) shows B Company, 3d Battalion, 22d Infantry Regiment was awarded the RVN Gallantry Cross with Palm Unit Citation for the period 1 September through 30 September 1970 by Department of the Army General Order Number 5 issued in 1973.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant asks that all his authorized awards be listed on a DD Form 215.

2.  Based on publication of official orders, the applicant was awarded the Bronze Star Medal, Purple Heart, Expert Marksmanship Qualification Badge with Rifle and Pistol Bars, and the Sharpshooter Marksmanship Qualification Badge with Machinegun Bar.  Therefore, he is entitled to a correction of his record to show these awards.  

3.  The applicant distinguished himself by his exclusively “excellent” conduct and efficiency marks, offense-free record, and combat service.  Notwithstanding the absence of a commander's recommendation, he should be awarded the Army Good Conduct Medal (1st Award) for his service from 22 January 1970 to 
16 April 1971. 

5.  The applicant served during a designated campaign period and is entitled to a bronze service star for wear on his already-awarded Vietnam Service Medal.

6.  Although he served less than 6 months in Vietnam, he is authorized the RVN Campaign Medal with Device (1960) by virtue of qualifying for the Vietnam Service Medal and having been wounded in action.

7.  The applicant's unit was awarded the RVN Gallantry Cross with Palm Unit Citation.

8.  In view of the foregoing findings and conclusions, it is appropriate to correct the applicant's records 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 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 
22 January 1970 to 16 April 1971; 

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

	c  adding the following authorized awards:

* Bronze Star Medal (and issuing it to him)
* Purple Heart
* Army Good Conduct Medal (1st Award)
* Vietnam Service Medal with one bronze service star
* Republic of Vietnam Campaign Medal with Device (1960)


* Republic of Vietnam Gallantry Cross With Palm Unit Citation 
* Expert Marksmanship Qualification Badge with Rifle and Pistol Bars 
* Sharpshooter Marksmanship Qualification Badge with Machinegun Bar




      _______ _   _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)                                         AR20130021307



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ABCMR Record of Proceedings (cont)                                         AR20130021307



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