IN THE CASE OF:  	  	  

		BOARD DATE:  11 September 2014  	  

		DOCKET NUMBER:  AR20140001709 


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 Army Commendation Medal and Bronze Star Medal.

2.  The applicant states he earned the Army Commendation Medal and Bronze Star Medal and they are not reflected on his DD Form 214.  He believes military awards received by anyone in the military should be reflected on their records.

3.  The applicant provides copies of the following:

* Army Commendation Medal citation and certificate
* General Orders (GO) Number 6555
* Bronze Star Medal citation and certificate
* 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 provide in the statute of limitations, the ABCMR has elected to conduct a substantive review of the cases 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 sufficient bases to waive the statute of limitations.

2.  The applicant enlisted in the Regular Army on 15 September 1969.  He served in military occupational specialty 96D (image interpreter).  He served in Vietnam from 11 July 1970 through 8 July 1971, during two campaigns.  He was assigned to the:

* 25th Military Intelligence (MI) Company, 25th Infantry Division, from 22 July 1970 through 28 November 1970
* 101st MI Company, 101st Airborne Division (Airmobile), from                  29 November 1970 through 30 June 1971

3.  GO Number 11130, issued by Headquarters, 25th Infantry Division on          13 November 1970, awarded him the Army Commendation Medal for meritorious achievement in connection with military operations against a hostile force in Vietnam from 1 September 1970 through 31 October 1970.

4.  He provided copies of the following:

* Army Commendation Medal citation and certificate for the period 1 September 1970 through 31 October 1970
* GO Number 6555, issued by Headquarters, 101st Airborne Division (Airmobile) on 14 June 1971, which awarded him the Bronze Star Medal for meritorious service in Vietnam from July 1970 through May 1971
* Bronze Star Medal citation and certificate for the period July 1970 through May 1971

5.  On 9 July 1971, he was honorably released from active duty in pay grade E-4 and was transferred to the U.S. Army Reserve.  He was credited with completing 1 year, 9 months, and 25 days of net active service and 11 months and 28 days of foreign service.  His DD Form 214 lists the:

* National Defense Service Medal
* Vietnam Service Medal
* Expert Marksmanship Qualification Badge with Rifle Bars (M-14 and M-16)

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

* Item 38 (Record of Assignments) - he received "excellent" conduct and efficiency ratings throughout his period of service; there is no evidence of a commander's disqualification for award of the Army Good Conduct Medal during his period of service
* Item 41 (Awards and Decorations) - the National Defense Service Medal and Vietnam Service Medal

7.  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 the first award only, 1 year service entirely during the period 7 December 1941 through 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-marital.

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

* The Republic of Vietnam Campaign Medal is awarded by the Government of the Republic of Vietnam to members of the United States Armed Forces who have served in Vietnam for a period of 6 months
* A bronze star is authorized for wear on the Vietnam Campaign Medal to denote campaign participation  

9.  Department of the Army (DA) Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows his unit, the 25th MI Company, was cited for the:

* Meritorious Unit Commendation, for the period 1 August 1969 through 31 October 1970, by DAGO Number 6, dated 1974
* Republic of Vietnam Gallantry Cross with Palm Unit Citation, for the period 1 September 1968 through 30 September 1970, by DAGO Number 5, dated 1973

DISCUSSION AND CONCLUSIONS:

1.  General orders awarded him the Army Commendation Medal and Bronze Star Medal during his period of service in Vietnam.  Therefore, he is entitled to correction of his DD Form 214 to show these awards.

2.  The evidence of records shows he received "excellent" conduct and efficiency rating during his period of active duty, attained the rank of pay grade E-4, and served in Vietnam earning both the Army Commendation Medal and Bronze Star Medal for meritorious achievement and service.  Therefore, it appears he is entitled to award of the Army Good Conduct Medal (1st Award) for his period of service from 15 September 1969 through 9 July 1971 and its addition to his DD Form 214.

3.  He completed a qualifying period of service for award of the Republic of Vietnam Campaign Medal with Device (1960).  Therefore, his DD Form 214 should be corrected to show this award.

4.  He served in Vietnam during two campaigns; therefore, he is entitled to award of two bronze service stars to be added to already-awarded Vietnam Service Medal and correction to his DD Form 214 to show these service stars.

5.  General orders awarded his unit, the 25th MI Company, the Meritorious Unit Commendation and Republic of Vietnam Gallantry Cross with Palm Unit Citation during his period of service in Vietnam.  Therefore, he is entitled to these unit awards and their addition to his DD Form 214.

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:

* awarding the applicant the Army Good Conduct Medal (1st Award) for his period of service from 15 September 1969 through 9 July 1971
* deleting from his DD Form 214 the Vietnam Service Medal
* adding to his DD Form 214 the:

* Bronze Star Medal
* Army Commendation Medal
* Army Good Conduct Medal
* Vietnam Service Medal with two bronze service stars


* Republic of Vietnam Campaign Medal with Device (1960)
* Meritorious Unit Commendation
* 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)                                         AR20140001709





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ABCMR Record of Proceedings (cont)                                         AR20140001709



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