IN THE CASE OF:	  

		BOARD DATE:	  18 September 2014

		DOCKET NUMBER:  AR20140002598 


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 the Bronze Star Medal (BSM) and the Army Commendation Medal (ARCOM).

2.  The applicant states he received these awards in a ceremony at Fort Riley, KS; however, they are not shown on his DD Form 214.

3.  The applicant provides no additional documentation.

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.  On 4 April 1968, the applicant was inducted into the Army of the United States.  He completed his initial training and was awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman).

3.  On 9 September 1968, he was assigned to Company A, 1st Battalion, 8th Cavalry Regiment in the Republic of Vietnam (RVN).

4.  On 26 February 1969, he was assigned to Headquarters and Headquarters Company, 1st Battalion, 8th Cavalry Regiment in the RVN.

5.  On 25 August 1969, he departed the RVN for duty at Fort Riley, KS.

6.  General Orders Number 10448, issued by 1st Cavalry Division on 26 August 1969, announced his award of the Army Commendation Medal for meritorious service in the RVN from September 1968 to September 1969.

7.  On 3 April 1970, he was released from active duty and transferred to the U.S. Army Reserve.  He attained the rank of sergeant, pay grade E-5, and completed 2 years of creditable active duty service.  His DD Form 214 indicates he was awarded or authorized the:

* Purple Heart
* Air Medal
* National Defense Service Medal
* Vietnam Service Medal
* Combat Infantryman Badge
* Expert Marksmanship Qualification Badge with Rifle Bar (M-14 and M-16)
* 1st Class Gunner (Sharpshooter) Marksmanship Qualification Badge with Machinegun Bar
* Vietnam Unit Citation

8.  Item 38 (Record of Assignments) of his DA Form 20 (Enlisted Qualification Record) shows his conduct and efficiency ratings were “excellent.”  His records do not contain any evidence of disciplinary action.  There is no evidence that shows his commander took any action to deny him the Army Good Conduct Medal.

9.  A 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 United States Army Human Resources Command, failed to reveal any orders that show he was awarded the BSM.  

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

   a.  The BSM is awarded in time of war for heroism and for meritorious achievement or service, not involving participation in aerial flight, in connection with military operations against an armed enemy, or while engaged in military operations involving conflict with an opposing armed force in which the United States is not a belligerent party.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.
   
   b.  The RVN 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.

	c.  Appendix B of Army Regulation 600-8-22 shows that based on the applicant's dates of service in the Republic of Vietnam, he participated in the following four campaign periods:  the Vietnam Counteroffensive, Phase V; the Vietnam Counteroffensive,  Phase VI; the Tet 69 Counteroffensive; and the Vietnam Summer-Fall 1969.  This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.

11.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in the RVN.  This publication shows that the 1st Battalion, 8th Cavalry Regiment, during the time of the applicant's assignment, was cited in Department of the Army General Orders (DAGO) Number 59, dated in 1969 for award of the RVN Gallantry Cross with Palm Unit Citation; and in DAGO Number 42, dated in 1972 for award of the RVN Civil Actions Honor Medal First Class Unit Citation.

12.  Army Regulation 672-5-1 (Awards), in effect at the time, provided that the Army Good Conduct Medal was awarded to enlisted Soldiers who had completed a qualified period of active duty enlisted service.  This period is 3 years except in those cases when the period for the first award ends 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 requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show he was awarded the BSM and the ARCOM.

2.  General orders show he was awarded the ARCOM.  Therefore, this medal should be shown on his DD Form 214.

3.  His records clearly show that he distinguished himself in the performance of his military service, as evidenced by his attaining the rank of sergeant, receiving personal decorations for meritorious service, and achieving "excellent" conduct and efficiency ratings.  Therefore, it is presumed that his not receiving an Army Good Conduct Medal for his service was an oversight.  Accordingly, he should be awarded this medal.

4.  Records show he participated in four campaign periods during his service in the RVN.  Therefore, he is authorized to wear four bronze service stars on his already-awarded Vietnam Service Medal.

5.  Records show he served during a qualifying period for award of the RVN Campaign Medal with 1960 Device.  Therefore, his records should be corrected to show this award.

6.  Records show his unit was cited in general orders for award of the RVN Gallantry Cross with Palm Unit Citation and the RVN Civil Actions Honor Medal First Class Unit Citation, during the period in which he was assigned.  Therefore, his records should be corrected to show these foreign unit awards.

7.  There is no available evidence that shows he was awarded the BSM.  Therefore, this portion of his request should be denied.

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 for the period 4 April 1968 to 3 April 1970;

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

	c.  adding to his DD Form 214:

* Army Commendation Medal
* Army Good Conduct Medal
* Vietnam Service Medal with four bronze service stars
* Republic of Vietnam Campaign Medal with Device (1960)
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation

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 the Bronze Star Medal.




      _______ _   __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)                                         AR20140000079



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20140002598



5


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1