BOARD DATE:	  14 October 2014

		DOCKET NUMBER:  AR20140001295 


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 (First Oak Leaf Cluster), indicating two awards of the Bronze Star Medal.

2.  The applicant states that he believes the record is in error because he was awarded the Bronze Star Medal (First Oak Leaf Cluster).

3.  He provides his DD Form 214 for the period ending 15 July 1971 along with a citation and certificate which indicate that he was awarded the Bronze Star Medal (First Oak Leaf Cluster).

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 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 enlisted in the Regular Army on 18 July 1969.  He was trained in and awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman).  The highest rank/grade he attained while serving on active duty was specialist four (SP4)/E-4.  He served in the Republic of Vietnam from 9 December 1969 through 13 November 1970.

3.  His record contains General Orders Number 2288, dated 16 February 1970, which show he was awarded the Army Commendation Medal for meritorious achievement in the Republic of Vietnam during the period 10 December 1969 to 31 January 1970.

4.  His DA Form 20 (Enlisted Qualification Record) shows in:

	a.  item 38 (Record of Assignments), while in Vietnam he was assigned to:

		(1)  Company A, 2nd Battalion, 18th Infantry Regiment, 1st Infantry Division from 18 December 1969 through 10 March 1970; and 

		(2)  Replacement Detachment, 23rd Administration Company, Americal Division from 11 March through 9 November 1970. 

	b.  item 38, he received all "excellent" conduct and efficiency ratings throughout his service.

	c.  item 41 (Awards and Decorations), that he was awarded or authorized the:

* National Defense Service Medal
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* Combat Infantryman Badge
* Army Commendation Medal
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)
* First Class Gunner (currently known as Sharpshooter) Marksmanship Qualification Badge with Machinegun Bar (M-60)
* Expert Marksmanship Qualification Badge with Rifle Bar (M-16)

5.  On 17 March 1970, he was honorably discharged for the purpose of immediate reenlistment.  The DD Form 214 issued to the applicant at the time of his separation shows he was awarded or authorized the:

* National Defense Service Medal
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* Combat Infantryman Badge
* Army Commendation Medal

6.  The applicant reenlisted on 18 March 1970 and continued to serve until he was honorably discharged due to physical disability on 15 July 1971.  The DD Form 214 issued to the applicant at the time of his separation shows he was awarded or authorized the:

* Vietnam Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* Combat Infantryman Badge
* Army Commendation Medal

7.  There is no evidence of any disciplinary actions or a commander's disqualification that would have precluded him from being recommended for or awarded the first award of the Army Good Conduct Medal.

8.  Review of the Awards and Decorations Computer-Assisted Retrieval System (ADCARS) an index of general orders issued during the Vietnam era between 1965 and 1973 maintained by the Military Awards Branch of the U.S. Army Human Resources Command revealed Headquarters, Americal Division, General Orders Number 14805, dated 9 November 1970, which show the applicant was awarded the Bronze Star Medal for meritorious service in connection with military operations against a hostile force in the Republic of Vietnam during the period December 1969 through November 1970.  However, it failed to reveal any orders showing he was awarded the Bronze Star Medal (First Oak Leaf Cluster).

9.  The applicant provides:

	a.  a citation which indicates that he was awarded the Bronze Star Medal (First Oak Leaf Cluster) for meritorious service in connection with military operations against a hostile force in the Republic of Vietnam during the period December 1969 to November 1970; and

	b.  a certificate which indicates that he was awarded the Bronze Star Medal (First Oak Leaf Cluster) for meritorious achievement in ground operations against hostile forces in the Republic of Vietnam from December 1969 through November 1970.





10.  References:

	a.  Army Regulation 600-8-22 (Military Awards), paragraph 2-13, contains the regulatory guidance on the Vietnam Service Medal.  It states a bronze service star is authorized with this award for each Vietnam campaign a member is credited with participating in.  Appendix B shows that the following three campaigns took place during his period of service in the Republic of Vietnam:

* Vietnam Winter-Spring 1970
* DA Sanctuary Counteroffensive
* Vietnam Counteroffensive Phase VII

	b.  Department of the Army General Orders (DAGO) Number 53, dated 1970, announced award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation to 2nd Battalion, 18th Infantry Regiment for actions during the period 12 July 1965 to 7 April 1970, which included the applicant's period of assignment.

	c.  DAGO Number 32, dated 1973, announced award of the Meritorious Unit Commendation to 23rd Administration Company for actions during the period 1 September 1969 to 31 January 1971, which included the applicant's period of assignment.

	d.  DAGO Number 42, dated 1972, announced award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to 23rd Administration Company for actions during the period 31 March to 30 June 1970, which included the applicant's period of assignment.

	e.  Army Regulation 672-5-1 (Awards), in effect at the time, provided that the Army Good Conduct Medal was awarded to individuals who completed a qualified period of active duty enlisted service.  This period was 3 years except in those cases when the period for the first award ended with the termination of a period of Federal military service.  The enlisted person must have had all "excellent" conduct and efficiency ratings and no convictions by a court-martial.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contentions were carefully considered and determined to have partial merit.



2.  General orders awarded the applicant the Bronze Star Medal for meritorious service in connection with military operations against a hostile force in the Republic of Vietnam during the period December 1969 through November 1970.
Therefore, he is entitled to correction of his DD Form 214 to show award of this medal.

3.  However, both his record and ADCARS are void of any orders showing he was awarded an additional Bronze Star Medal.  In fact, the citation and certificate provided by the applicant appear to be in error in that they each indicate that he was awarded the Bronze Star Medal (First Oak Leaf Cluster) for the exact same period as the aforementioned general orders which awarded him the Bronze Star Medal (First Award).  Additionally, these two documents do not agree with each other because the citation indicates that it is for meritorious service and the certificate indicates that it is for meritorious achievement.  Therefore, the applicant is not entitled to correction of his DD Form 214 to show award of the Bronze Star Medal (First Oak Leaf Cluster).

4.  Evidence shows the applicant was awarded the Expert Marksmanship Qualification Badge with Rifle Bar (M-16) and Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14) and Machinegun Bar (M-60).  Therefore, his DD Form 214 should be corrected to show these marksmanship badges

5.  The evidence of record shows the applicant completed a period of honorable service wherein he received all "excellent" conduct and efficiency ratings with no convictions by a court-martial.  Additionally, there is no evidence he was disqualified by his chain of command from receiving the Army Good Conduct Medal.  Therefore, it would be appropriate at this time to award him the Army Good Conduct Medal (1st Award) for the period 18 July 1969 through 15 July 1971 and to correct his DD Form 214 to show this award.

6.  Records show the applicant participated in three campaigns while serving in the Republic of Vietnam.  Therefore, he is entitled award of the Vietnam Service Medal with 3 bronze service stars and correction of his DD Form 214 to show this service medal.

7.  DAGOs awarded the following unit awards to the applicant's units for actions during his period of assignment; therefore, he is entitled to correction of his DD Form 214 to show these unit awards:

* Meritorious Unit Commendation
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation

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.  awarding him the Army Good Conduct Medal (1st Award) for the period 18 July 1969 through 15 July 1971;

	b.  deleting the Vietnam Service Medal from his DD Form 214 for the period ending 15 July 1971; and

	c.  adding the following awards to his DD Form 214 for the period ending 
15 July 1971:

* Bronze Star Medal
* Army Good Conduct Medal (1st Award)
* Vietnam Service Medal with 3 bronze service stars
* Meritorious Unit Commendation
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation
* Expert Marksmanship Qualification Badge with Rifle Bar (M-16)
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14) and Machinegun Bar (M-60)


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 correcting his DD Form 214 to show award of the Bronze Star Medal (First Oak Leaf Cluster).  



      _______ _   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)                                         AR20140001295





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ABCMR Record of Proceedings (cont)                                         AR20140001295



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