IN THE CASE OF:  

		BOARD DATE:  11 September 2014  	  

		DOCKET NUMBER:  AR20140002719 


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 the Bronze Star Medal and the Military Merit Badge.  

2.  The applicant states the awards were not included on his DD Form 214.  

3.  The applicant did not provide additional evidence.

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 enlisted in the Regular Army on 16 January 1967.

3.  Special Orders Number 43, dated 3 March 1967, awarded him the Sharpshooter Marksmanship Qualification Badge with Rifle Bar.  

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

	a.  he served in Vietnam from 9 February 1969 to around 3 January 1970;

	b.  he was assigned to the 6th Battalion, 77th Artillery from 22 February to 
5 April 1969 and to the 2nd Battalion, 4th Artillery from 6 April 1969 to 3 January 1970; and

	c.  he received all "excellent" conduct and efficiency ratings throughout his active duty service.

5.  General Orders Number 9566, dated 9 July 1969, issued by Headquarters, 9th Infantry Division, awarded him the Bronze Star Medal for actions during the period January-July 1969.

6.  His record is void of any unfavorable information or a unit commander's disqualification that would have precluded him from being awarded the Army Good Conduct Medal.

7.  He was honorably released from active duty on 4 January 1970 in the rank/grade of specialist four/E-4 after completing 2 years, 11 months, and 
19 days of active service with no lost time.  His DD Form 214 shows he was awarded or authorized the:

* National Defense Service Medal
* Vietnam Service Medal
* Vietnam Campaign Medal
* Republic of Vietnam Gallantry Cross with Palm Unit Citation 

8.  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 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.

9.  Army Regulation 600-8-22 (Military Awards) states a bronze service star is authorized with the Vietnam Service Medal 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 four campaigns.

10.  Army Regulation 600-8-22 does not identify the Military Merit Badge as an authorized award.  

11.  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 that during his assignment to the 6th Battalion, 77th Artillery, this unit was cited in general orders for the following unit awards:

* Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 17 July 1968-14 June 1969
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 17 July 1968-1 June 1969.

12.  Department of the Army Pamphlet 672-3 also shows that during his assignment to the 2nd Battalion, 4th Artillery, this unit was cited in general orders for the following unit awards:

* Republic of Vietnam Gallantry Cross with Palm Unit Citation for the periods January-June 1969 and 29 July 1969-2 July 1970
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the periods 19 December 1966-28 June 1969 and 26 July 1969-20 July 1970

13.  Department of the Army Pamphlet 672-3 states not more than one Republic of Vietnam Gallantry Cross Unit Citation will be worn by any individual.  Although multiple awards of this unit citation are not authorized for wear, official military and historical records will indicate all awards received.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that his DD Form 214 should be corrected to show the Bronze Star Medal has been carefully considered.

2.  General orders show he was awarded Bronze Star Medal for actions during the period January-July 1969.  Therefore, this award should be added to his 
DD Form 214.

3.  The evidence of record confirms he received all "excellent" conduct and efficiency ratings throughout his active duty service and his record is void of any unfavorable information or a commander's disqualification that would have precluded him from being awarded the Army Good Conduct Medal.  Therefore, it would be appropriate to award him the Army Good Conduct Medal (First Award) for the period 16 January 1967 through 4 January 1970 and to add this award to his DD Form 214.

4.  He was awarded the Vietnam Service Medal; however, he participated in four campaigns during his service in Vietnam.  Therefore, he is authorized four bronze service stars for wear on his Vietnam Service Medal and correction of his DD Form 214 to show these bronze service stars.

5.  Special orders show he was awarded the Sharpshooter Marksmanship Qualification Badge with Rifle Bar.  This badge should be added to his DD Form 214.  

6.  His DD Form 214 shows the Republic of Vietnam Gallantry Cross with Palm Unit Citation as an authorized award.  However, evidence shows his units of assignment in Vietnam were cited for two additional awards of the Republic of Vietnam Gallantry Cross with Palm Unit Citation and three awards of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.  Although he is authorized to wear only one award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation, his DD Form 214 should be corrected to show all of his authorized unit awards.

7.  Army Regulation 600-8-22 does not show the Military Merit Badge as an authorized award.  Therefore, there is no basis to grant this portion of the requested relief.  

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 (First Award) for the period 16 January 1967 to 4 January 1970;

	b.  deleting from his DD Form 214 the Vietnam Service Medal and the Republic of Vietnam Gallantry Cross with Palm Unit Citation; and 

	c.  adding to his DD Form 214 the:

* Bronze Star Medal
* Army Good Conduct Medal (First Award)
* Vietnam Service Medal with four bronze service stars
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar
* Republic of Vietnam Gallantry Cross with Palm Unit Citation (3rd Award)
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation (3rd Award)

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 adding to his DD Form 214 the Military Merit Badge.  


      _______ _   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)                                         AR20140002719



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ABCMR Record of Proceedings (cont)                                         AR20140002719



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