BOARD DATE:	  18 September 2014

		DOCKET NUMBER:  AR20140002847 


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) with an effective date of 17 March 1971 to show he was awarded three Bronze Star Medals with "V" device and two Bronze Star Medals for (meritorious) service.

2.  The applicant states he was awarded a total of five Bronze Star Medals.  The paperwork didn't seem to catch up to him prior to his separation. 

3.  The applicant provides:

* his DD Form 214
* four certificates for the award of the Bronze Star Medal 

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 18 March 1969, he was inducted into the Army of the United States.  

3.  He was assigned to the 4th Battalion, 3rd Infantry Regiment, from                   8 September 1969 to 17 August 1970, while in the Republic of Vietnam.  He was promoted to sergeant on 12 April 1970.

4.  Headquarters, Americal Division issued the following general orders (GO):

* Number 1137, dated 2 February 1970, which awarded him the Bronze Star Medal with "V" device for heroism on 13 December 1969 in the Republic of Vietnam
* Number 5486, dated 3 June 1970, which awarded him the Bronze Star Medal with "V" device (First Oak Leaf Cluster) for heroism on 2 March 1970 in the Republic of Vietnam
* Number 9415, dated 24 July 1970, which awarded him the Bronze Star Medal with "V" device (Third Oak Leaf Cluster) for heroism on 11 March 1970 in the Republic of Vietnam

5.  Item 41 (Awards and Decorations) of his DA Form 20 (Enlisted Qualification Record) indicates he was awarded two Bronze Star Medals with "V" device and cites Americal Division GO 1137, dated 2 February 1970, and Americal Division GO Number 5486, dated 3 June 1970.  No other awards of the Bronze Star Medal are indicated.

6.  There are no recommendations for the Bronze Star Medal for meritorious service in his Military Personnel Records Jacket (MPRJ).  There are no orders in his MPRJ awarding him the Bronze Star Medal for meritorious service.

7.  On 17 March 1971, he was released from active duty.  He completed 2 years of active duty that was characterized as honorable.  His DD Form 214 shows he was awarded the:

* National Defense Service Medal
* Combat Infantryman Badge
* Republic of Vietnam Campaign Medal with Device (1960)
* Bronze Star Medal with "V" device
* Vietnam Service Medal with 2 bronze service stars

 8.  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 Awards and Decorations Branch of the United States Army Human Resources Command, failed to reveal any orders awarding him the Bronze Star Medal for meritorious service.
 
9.  The applicant provided three certificates awarding him the Bronze Star Medal with "V" device.  He also provided a certificate awarding the Bronze Star Medal (Second Oak Leaf Cluster) for meritorious achievement from 1 January 1970 to 30 April 1970.

10.  There is no evidence the applicant received the first award of the Army Good Conduct Medal.  There also is no evidence he was disqualified by his chain of command from receiving the Army Good Conduct Medal.  Records do not show indiscipline or lost time.  His records do not contain any adverse information and he received conduct and efficiency ratings of “excellent” throughout his service.

11.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists campaign participation credit, assault landing credit, unit citation emblems awarded during the Vietnam Conflict.  

	a.  During the time of his assignment to the 4th Battalion, 3rd Infantry Regiment the unit was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the periods:

* 24 August - 31 December 1969
* 31 March - 30 June 1970

	b.  Not more than one Republic of Vietnam Gallantry Cross with Palm Unit Citation will be worn by any individual.  However, although wear of multiple awards of this unit citation is not authorized, official military personnel and historical records will indicate all awards received.

12.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards.

	a.  The Bronze Star Medal is awarded in time of war for heroism and for meritorious achievement or service.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.  A "V" device is worn to denote participation in acts of heroism involving conflict with an armed enemy.

	b.  The award of a bronze service star is authorized based on qualifying service for each campaign listed in Table B-1 (Campaigns, Service Requirements, and Inscriptions Prescribed for Streamers).  Authorized service stars will be worn on the appropriate campaign medal, including the Vietnam Service Medal.

	c.  Table B-1 includes the following Vietnam campaigns:

* Vietnam Summer-Fall 1969 (9 June 1969 - 31 October 1969)
* Vietnam Winter - Spring 1970 (1 November 1969 - 30 April 1970)
* DA Sanctuary Counteroffensive (1 May 1970 - 30 June 1970)
* Vietnam Counteroffensive Phase VII (1 July 1970 - 30 June 1971)

13.  Army Regulation 672-5-1 (Awards), in effect at the time, stated the Army Good Conduct Medal was awarded 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. 

	a.  The enlisted person must have had all "excellent" conduct and efficiency ratings.  Ratings of "Unknown" for portions of the period under consideration were not disqualifying.  

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

DISCUSSION AND CONCLUSIONS:

1.  His MPRJ contains orders that show he was awarded the Bronze Star Medal with "V" device on three separate occasions.  Americal GO Number 9415, dated 24 July 1970, shows he was awarded the Bronze Star Medal with "V" device (Third Oak Leaf Cluster).  Therefore, his DD Form 214 should show:  Bronze Star Medal (4 awards, 3 with "V" device).

2.  The Bronze Star Medal for meritorious achievement for the period 1 January 1970 to 30 April 1970 appears to be included in the above correction.  However, there is no evidence of any additional awards of the Bronze Star Medal for meritorious service on his DA Form 20, in ADCARS, or in his MPRJ.

3.  The applicant's records do not show indiscipline or lost time, he received conduct and efficiency ratings of "excellent" throughout his military service, and he was promoted to sergeant in less than 2 years.  Therefore, the preponderance of evidence shows the applicant is entitled to the first award of the Army Good Conduct Medal based on completion of qualifying service from 18 March 1969 to 17 March 1971 ending with termination of a period of Federal military service.

4.  He participated in four campaigns during his service in Vietnam.  Therefore, he is authorized four bronze service stars to be worn on his Vietnam Service Medal.  
5.  Based on his service with the 4th Battalion, 3rd Infantry Regiment, he is authorized two awards of the Republic of Vietnam Gallantry Cross with Palm 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 of service from 18 March 1969 to 17 March 1971;

	b.  amending his DD Form 214 by:

		(1)  deleting the:

* Bronze Star Medal with "V" device
* Vietnam Service Medal with 2 bronze service stars

		(2)  adding the:

* Bronze Star Medal (4 Awards, 3 with "V" device)
* Army Good Conduct Medal (1st Award)
* Vietnam Service Medal with 4 bronze service stars
* Republic of Vietnam Gallantry Cross with Palm Unit Citation 
	(2 Awards)





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 awards of the Bronze Star Medal in excess of the above.  




      _______ _   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)                                         AR20140002847



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ABCMR Record of Proceedings (cont)                                         AR20140002847



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