IN THE CASE OF:	  

		BOARD DATE:	  23 September 2014

		DOCKET NUMBER:  AR20140002796 


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, in effect, correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show award of bronze service stars (to be affixed to the Vietnam Service Medal (VSM)) or the Bronze Star Medal (BSM).

2.  The applicant states:

* he was not given his bronze star awards because his company was in the process of a change of command when he left Vietnam
* he did receive the medal information

3.  The applicant provides a copy of his 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 28 October 1968.  He arrived in Vietnam on 2 April 1969.  He served as a mechanic maintenance apprentice assigned to Headquarters and Headquarters Battery, 2nd Battalion, 11th Artillery, 101st Airborne Division in Vietnam from 10 April 1969 to 1 June 1970.  He was honorably released from active duty on 1 June 1970,  in the rank of specialist four, after completing 1 year, 7 months, and 
4 days of creditable active service with no time lost.  

3.  His DD Form 214 shows he was awarded or authorized the:

* National Defense Service Medal
* Army Commendation Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* Two Overseas Service Bars
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16)

4.  The available evidence shows he participated in four campaigns during his assignment in Vietnam.

5.  There are no orders for award of the BSM in the available evidence; his DA Form 20 (Enlisted Qualification Record) does not show it as an authorized awards.  A review of the Awards and Decorations Computer-Assisted Retrieval System, an index of general orders issued during the Vietnam era between 1965 and 1973 maintained by the U.S. Army Human Resources Command, Military Awards Branch, failed to reveal any orders for the BSM pertaining to the applicant.

6.  There is no evidence the applicant received the first award of the Army Good Conduct Medal.  There is no evidence of any disciplinary action or a commander's disqualification that would have precluded him from being awarded the Army Good Conduct Medal.  Item 38 (Record of Assignments) of his DA Form 20 shows he received all "excellent" conduct and efficiency ratings throughout his service.





7.  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 the 2nd Battalion, 11th Artillery, was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for actions during the period 19 July 1968 to 14 May 1969 in Department of the Army General Orders Number 43, dated 1970.

8.  Army Regulation 600-8-22 (Military Awards) states the VSM 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.  Qualifying service included attachment to or assignment for 1 or more days with an organization participating in or directly supporting military operations.  A bronze service star will be awarded for wear on the VSM for participation in each credited campaign.  

9.  Army Regulation 600-8-22 states 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 n 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.  

10.  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.  There must have been no convictions by a court-martial.

DISCUSSION AND CONCLUSIONS:

1.  Based on the applicant's service in Vietnam and participation in four campaigns, he is eligible for the VSM with four bronze service stars.  Therefore, his DD Form 214 should be corrected to show this award. 

2.  There are no orders for the BSM available.  Regrettably, there is insufficient evidence on which to base adding this medal to his DD Form 214.

3.  He was honorably released from active duty in the rank of specialist four with 
19 months of total active service and no lost time.  He received all "excellent" conduct and efficiency ratings throughout his service and he had no record of any disciplinary action or a commander's disqualification.  It appears he met the eligibility criteria for the first award of the Army Good Conduct Medal for the period 28 October 1968 through 1 June 1970 based on completion of a period of qualifying service ending with the termination of a period of Federal military service.  Therefore, he should be awarded the first award of the Army Good Conduct Medal and his DD Form 214 should be corrected to show this award.

4.  His unit in Vietnam was cited for the Republic of Vietnam Gallantry Cross with Palm Unit Citation while he was assigned to the unit.  Therefore, his DD Form 214 should be corrected to show this unit award.

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
28 October 1968 through 1 June 1970; and 

	b.  adding the VSM with four bronze service stars, Army Good Conduct Medal (1st Award), and Republic of Vietnam Gallantry Cross with Palm Unit Citation to his DD Form 214.








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 the BSM to his 
DD Form 214.  



      _______ _   _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)                                         AR20140002796



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20140002796



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1