IN THE CASE OF:	 

		BOARD DATE:	 14 August 2014 

		DOCKET NUMBER:  AR20130022084 


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 or authorized the Bronze Star Medal (1st oak leaf cluster), the Army Good Conduct Medal, and the Presidential Unit Citation.

2.  The applicant states he earned these awards and they should be reflected on his DD Form 214.

3.  The applicant provides:

* General Orders Number 15092, issued by Headquarters, 23rd Infantry Division on 18 November 1970
* 2 Bronze Star Medal Certificates
* 2 Bronze Star Medal Citations
* General Orders Number 141, issued by Headquarters, 197th Infantry Brigade on 15 June 1971
* 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 10 July 1969.  He completed his initial entry training and was awarded military occupational specialty 11B (Light Weapons Infantryman).

3.  Special Orders Number 240, issued by Headquarters, U.S. Army School/Training Center, Fort McClellan, AL on 31 October 1969, show he was awarded the Second Class Gunner Badge with Machine Gun Bar (M-60).

4.  His record shows he was stationed in the Republic of Vietnam from 21 December 1969 through 20 November 1970.  During this period he was assigned to:

* Company A, 2nd Battalion, 18th Infantry Regiment, 1st Infantry Division, from on or about 21 December 1969 through on or about 14 March 1970
* Company A, 1st Battalion, 46th Infantry Regiment, 23rd Infantry Division, from on or about 15 March 1970 through on or about 20 November 1970

5.  General Orders Number 12028, issued by Headquarters, 23rd Infantry Division (cited as, and more commonly known as, the AMERICAL Division) on    6 September 1970, show he was awarded the Bronze Star Medal.

6.  General Orders Number 15092, issued by Headquarters, 23rd Infantry Division on 18 November 1970, show he was awarded the Bronze Star Medal (1st oak leaf cluster, further referred to as "2nd Award").

7.  General Orders Number 141, issued by Headquarters, 197th Infantry Brigade, Fort Benning, GA on 15 June 1971, show he was awarded the Army Good Conduct Medal (1st Award).

8.  On 9 July 1971, he was honorably released from active duty in the rank/grade of sergeant/E-5 and was transferred to the U.S. Army Reserve.  His DD Form 214 shows he was awarded or authorized the:

* Bronze Star Medal
* Army Commendation Medal
* National Defense Service Medal
* Vietnam Service Medal with 2 bronze service stars
* Republic of Vietnam Campaign Medal with Device (1960)
* Combat Infantryman Badge
* Expert Marksmanship Qualification Badge with Rifle Bar (M-14)
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-16)
* 1 overseas service bar

9.  Army Regulation 600-8-22 (Military Awards) provides that 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 is authorized with this award for each Vietnam campaign a member is credited with participating in.  Appendix B shows that during his service in Vietnam, participation credit was awarded for the following three campaigns:

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

10.  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.  During the period in which the applicant was assigned:

	a.  The 2nd Battalion, 18th Infantry Regiment was cited for award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, for the period 12 July 1965 to 7 April 1970, by Department of the Army General Order (DAGO) Number 53, dated 1970.

	b.  The 1st Battalion, 46th Infantry Regiment was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation, for the period 31 March to 30 June 1970, by DAGO 42, dated 1972.

11.  Army Regulation 600-8-22 states the Presidential Unit Citation is awarded for extraordinary heroism in action.  A unit must display such gallantry, determination, and esprit de corps in accomplishing its mission as would warrant award of the Distinguished Service Cross to an individual.

12.  Army Regulation 670-1 (Wear and Appearance of Army Uniforms and Insignia) governs the requirements for the overseas service bar.  It states a bar is authorized for wear for each period of active Federal service for the specific time frames and areas of operation.  For Vietnam service, one overseas service bar was authorized for each period of 6 months 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.
   
DISCUSSION AND CONCLUSIONS:

1.  General orders awarded him the Bronze Star Medal (2nd Award) and the Army Good Conduct Medal (1st Award), which are not shown on his DD Form 214; therefore, he is entitled to correction of his record to show these awards.

2.  Special orders awarded him the Second Class Gunner Badge with Machine Gun Bar (M-60), which is not shown on his DD Form 214; therefore, he is entitled to correction of his record to show this marksmanship badge.

3.  Records show he participated in three campaigns during his service in the Republic of Vietnam.  Therefore, he is entitled to three bronze service stars for wear on his previously-awarded Vietnam Service Medal.  His DD Form 214 shows he was awarded the Vietnam Service Medal with 2 bronze service stars; therefore, it would be appropriate to correct his DD Form 214 to show he is entitled to the Vietnam Service Medal with 3 bronze service stars.

4.  Department of the Army Pamphlet 672-3 shows his units were cited for award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation and the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  These unit awards are not shown on his DD Form 214; therefore, his DD Form 214 should be corrected to show them.

5.  The applicant is authorized two overseas bars for his service in Vietnam.  Both the month of arrival and the month of departure from Vietnam are counted as whole months for credit toward the overseas service bar.  His service from 
21 December 1969 through 20 November 1970 should count as 12 months.  For the purposes of the overseas service bar he served a total of 12 months in Vietnam and he is authorized one overseas service bar for each 6 month period.  Therefore, his DD Form 214 should be corrected to show two overseas service bars for his service in Vietnam.

6.  The evidence of record shows he served with Company A, 2nd Battalion 18th Infantry Regiment and Company A, 1st Battalion, 46th Infantry Regiment during his service in the Republic of Vietnam.  According to the pertinent Army regulation, neither unit was awarded the Presidential Unit Citation during his period of service in the Republic of Vietnam.  Therefore, there is insufficient evidence to add this unit award to his DD Form 214.


BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____X____  ___X_____  ____X____  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 partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

   a.  deleting the Vietnam Service Medal and overseas service bar from his DD Form 214; and

   b.  adding the following awards to his DD Form 214:
   
* Bronze Star Medal (2nd Award)
* Army Good Conduct Medal (1st Award)
* Vietnam Service Medal with three bronze service stars
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation  
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Second Class Gunner Badge with Machine Gun Bar (M-60)
* 2 overseas service bars

2.  The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to award of a Presidential 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)                                         AR20130022084





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ABCMR Record of Proceedings (cont)                                         AR20130022084



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