IN THE CASE OF: 

		BOARD DATE:	  14 August 2014

		DOCKET NUMBER:  AR20130021684 


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 award of the Bronze Star Medal (BSM).

2.  The applicant states he recently became aware that the BSM he was awarded for his actions in Vietnam is not listed on his DD Form 214.

3.  The applicant provides:

* BSM Certificate and Citation
* 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 12 March 1969.  He arrived in Vietnam on 18 February 1970.  His DA Form 20 (Enlisted Qualification Record) shows he served as a light weapons infantryman assigned to Company D, 1st Battalion, 6th Infantry Regiment, 198th Infantry Brigade, in Vietnam from 4 March 1970 to 1 January 1971.  On 2 January 1971, he was honorably released from active duty in the rank of sergeant after completing 1 year, 9 months, and 21 days of creditable active service with no lost time.

3.  His DD Form 214 shows he was awarded or authorized the:

* National Defense Service Medal
* Vietnam Service Medal (VSM)
* Combat Infantryman Badge
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-16)

4.  Headquarters, 23rd Infantry Division, General Orders Number 00294, dated 10 January 1971, show he was awarded the BSM for meritorious service in the Republic of Vietnam during the period February 1970 to January 1971.

5.  Records show he participated in three campaigns during his service in Vietnam.

6.  There is no evidence the applicant received the first award of the Army Good Conduct Medal (AGCM).  There is no evidence of any disciplinary action or a commander's disqualification that would have precluded him from being awarded the AGCM.  Item 38 (Record of Assignments) of his DA Form 20 shows he received all "excellent" conduct and efficiency ratings throughout his service.

7.  Army Regulation 672-5-1 (Awards), in effect at the time, stated the AGCM 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.

8.  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 VSM.

9.  Army Regulation 600-8-22 states the Republic of Vietnam Campaign Medal 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.

10.  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 1st Battalion, 6th Infantry Regiment, was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for actions during the period 31 March to 30 June 1970 in Department of the Army General Orders Number 42, dated 1972.

DISCUSSION AND CONCLUSIONS:

1.  Orders show the applicant was awarded the BSM.  Therefore, his DD Form 214 should be corrected to show this award.

2.  Based on his service in Vietnam, he is authorized award of the Republic of Vietnam Campaign Medal with Device (1960).  Therefore, his DD Form 214 should be corrected to show this award.

3.  He was honorably released from active duty in the rank of sergeant with almost 22 months of total active service and no lost time.  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 AGCM (1st Award) for the period 12 March 1969 through 2 January 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 AGCM (1st Award) and his DD Form 214 should be corrected to show this award.

4.  He participated in three campaigns during his assignment in Vietnam which entitles him to three bronze service stars with his already-awarded VSM.  Therefore, his DD Form 214 should be corrected to show these bronze service stars.

5.  His unit in Vietnam was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation during his period of assignment.  Therefore, his DD Form 214 should be corrected 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 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 AGCM (1st Award) for the period 12 March 1969 through 2 January 1971,

	b.  deleting award of the VSM from his DD Form 214, and

	c.  adding the following awards to his DD Form 214:

* BSM
* AGCM (1st Award)
* VSM with three bronze service stars
* Republic of Vietnam Campaign Medal with Device (1960)
* 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)                                         AR20130021684



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ABCMR Record of Proceedings (cont)                                         AR20130021684



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