IN THE CASE OF:	  

		BOARD DATE:	  28 October 2014

		DOCKET NUMBER:  AR20140003821 


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 an additional award of the Bronze Star Medal and an additional award of the Army Commendation Medal. 

2.  The applicant states the Bronze Star Medal was mailed to his house after his separation.  It was not listed on his DD Form 214 and he was unaware that he had been awarded it.  The Army Commendation Medal was also awarded but somehow omitted.  He was awarded the Bronze Star Medal and the Army Commendation Medal, each with a "V" Device, and those are listed on his       DD Form 214. 

3.  The applicant provides his DD Form 214, a certificate and citation for award of the Bronze Star Medal, and a certificate for award of the Army Commendation 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.  The applicant was inducted into the Army of the United States on 15 October 1968.  His record shows he held military occupational specialty 11B (Light Weapons Infantryman). 

3.  He served in Vietnam from on or about 7 April 1969 to on or about 29 March 1970, where he was assigned to the 3rd Battalion, 22nd Infantry Regiment, 25th Infantry Division (Light). 

4.  Headquarters, 25th Infantry Division (Light) published the following General Orders: 

* General Orders Number 8351, on 27 June 1969, which awarded him the Bronze Star Medal with "V" Device for heroism on 6 June 1969
* General Orders Number 13337, on 25 October 1969, which awarded him the Army Commendation Medal for achievement from 1 August to           30 September 1969
* General Orders Number 1938, on 21 February 1970, which awarded him the Army Commendation Medal with "V" Device for heroism on 9 January 1970
* General Orders Number 2313, on 25 February 1970, which awarding him the Bronze Star Medal for service from April 1969 to April 1970

5.  He was honorably released from active duty in the rank/grade of specialist four (SP4)/E-4 on 14 September 1970.  He completed 1 year and 11 months of active service with no lost time.  His DD Form 214 shows in:

	a.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized), he was awarded or authorized the:

* Bronze Star Medal with "V" Device
* Purple Heart (1st Oak Leaf Cluster)
* Air Medal (1st Oak Leaf Cluster) 
* Army Commendation Medal with "V" Device
* National Defense Service Medal
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* Combat Infantryman Badge
* First Class Gunner Marksmanship Qualification Badge with Machinegun Bar (M-60)
* Expert Marksmanship Qualification Badge with Rifle Bar (M-14)
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-16)
* Two overseas service bars

	b.  Item 30 (Remarks), administrative data and the entry "U.S. Army Vietnam (USARV) - 7 April 1968 through 29 March 1970." 

6.  A review of his service record shows no derogatory information that would disqualify him from receiving the Army Good Conduct Medal (1st Award).  Item 38 (Record of Assignments) of his DA Form 20 (Enlisted Qualification Record) shows he received "excellent" conduct and efficiency ratings during his military service.

7.  Army Regulation 672-5-1 (Military Awards), in effect at the time, provided that the Army Good Conduct Medal was awarded to individuals who completed a qualified period of active duty enlisted service.  This period was 3 years except in those cases when the period for the first award ended 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.

8.  Appendix B of Army Regulation 600-8-22 (Military Awards) shows that during his service in Vietnam participation credit was awarded for the following campaigns.  This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign. 

* Tet 69-Counteroffensive (23 February - 8 June 1969)
* Vietnam Summer - Fall 1969 (9 June - 31 October 1969)
* Vietnam Winter - Spring 1970 (1 November 1969 - 30 April 1970)

9.  Department of the Army (DA) Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows during his service with the 3rd Battalion, 22nd Infantry Regiment, in Vietnam from 7 April 1968 to 29 March 1970, this unit was cited for awards of the:

* Republic of Vietnam Gallantry Cross with Palm Unit Citation, for service from 1 September 1968 to 30 September 1970, by Department of the Army General Orders (DAGO)Number 5, dated 1973
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, for service from 1 August 1967 to 21 January 1970, by DAGO 51, dated 1971
DISCUSSION AND CONCLUSIONS:

1.  General orders awarded the applicant two awards of the Bronze Star Medal, one with a "V" Device for heroism.  His DD Form 214 listed the Bronze Star Medal with "V" Device but omitted the second award.  Therefore, he is entitled to correction of his DD Form 214 to show both awards. 

2.  General orders awarded him two awards of the Army Commendation Medal, one with a "V" Device for heroism.  His DD Form 214 listed the Army Commendation Medal with "V" Device but omitted the second award.  Therefore, he is entitled to correction of his DD Form 214 to show both awards. 

3.  He was awarded the Vietnam Service Medal.  Additionally, he participated in three campaigns during his service in Vietnam.  Therefore, he is entitled to one three bronze service stars for wear on his already-awarded Vietnam Service Medal, and to correction of his DD Form 214 to show these service stars.

4.  General orders awarded his unit in Vietnam the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation during his period of service in Vietnam.  Therefore, his DD Form 214 should be corrected to show these unit awards. 

5.  He served honorably during the period 15 October 1968 through 14 September 1970.  He attained the rank of SP4/E-4, served in Vietnam and received multiple valor awards, and received "excellent" conduct and efficiency ratings throughout his military service.  Absent any derogatory information on file that would have disqualified him, it would be appropriate to award him the Army Good Conduct Medal (1st Award) based on completion of qualifying service ending with the termination of a period of Federal military service.  His DD Form 214 should also be corrected to show this award.

6.  It is noted that the applicant's DD Form 214 lists his service in Vietnam from 7 April 1968 to 29 April 1970.  This is clearly an incorrect entry since he was not inducted until October 1968.  The correct date of arrival in Vietnam should be on or about 7 April 1969, not 1968.  If the applicant desires to have this date corrected, he may submit a separate application to this Board.  







BOARD VOTE:

___x____  ____x___  ____x___  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined the evidence presented is 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:

	a.  awarding him the Army Good Conduct Medal (1st Award) for exemplary behavior, efficiency, and fidelity during the period 15 October 1968 through 14 September 1970; 

	b.  amending his DD Form 214 to delete the Bronze Star Medal with "V" Device, Army Commendation Medal with "V" Device, and Vietnam Service Medal, and

	c.  amending his DD Form 214 to add the following awards:

* Bronze Star Medal (2nd Award) and "V" Device
* Army Commendation Medal (2nd Award) and "V" Device
* Army Good Conduct Medal (1st Award)
* Vietnam Service Medal with three bronze service stars 
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal First Class 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)                                         AR20140003821





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ABCMR Record of Proceedings (cont)                                         AR20140003821



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