IN THE CASE OF:  	  

		BOARD DATE:  16 October 2014	  

		DOCKET NUMBER:  AR20140003992 


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 (Report of Separation from Active Duty) to show:

* Bronze Star Medal (BSM) for meritorious service
* BSM (2nd Award) with "V" Device
* Air Medal (AM)

2.  The applicant states these awards were for action at the end of his tour in Vietnam and action in Laos that was classified.  He states he received these citations and medals.  However, they were lost and never listed on his DD Form 214. 

3.  The applicant provides no additional documentary 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.  On 16 November 1967, the applicant enlisted in the Regular Army.  He was awarded military occupational specialties 11B (Light Weapons Infantryman) and 05B (Radio Operator).  He attained the rank of sergeant (SGT)/pay grade E-5.

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

* item 38 (Record of Assignments) – he was assigned to 5th Special Forces Group (Airborne), 1st Special Forces, in Vietnam, performing duties as a radio operator during the period 13 September 1969 to 8 September 1970
* item 38 – all "excellent" conduct and efficiency ratings
* item 41 (Awards and Decorations) – special orders awarded him the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16)

4.  Headquarters, 5th Special Forces Group (Airborne), 1st Special Forces, General Orders Number 1663, dated 19 August 1970, awarded him the BSM for meritorious service from 11 September 1969 to 10 September 1970.

5.  Headquarters, 5th Special Forces Group (Airborne), 1st Special Forces, General Orders Number 1740, dated 31 August 1970, awarded him the AM for meritorious achievement while participating in aerial flight in Vietnam from 10 October 1969 to 24 June 1970.

6.  His record contains two Office of the Adjutant General, U.S. Army Administration Center, letters, subject: Transmittal of Award Elements.

	a.  The first letter, dated 26 April 1971, states an attached envelope containing award elements for the applicant was forwarded for inclusion of the BSM.  It further indicates the BSM was awarded by General Orders Number 1663, issued by Headquarters, 5th Special Forces Group (Airborne), 1st Special Forces, on 19 August 1970.

   b.  The second letter, dated 30 April 1971, states an attached envelope containing award elements for the applicant were forwarded for inclusion of the BSM with bronze oak leaf cluster and "V" Device.  It further indicates the award was issued on 15 October 1970 by Headquarters, 5th Special Forces Group (Airborne), 1st Special Forces, General Orders Number 2166.

7.  On 10 September 1970, he was honorably released from active duty.  He completed 2 years, 9 months, and 25 days of active service.
8.  His DD Form 214 shows he was awarded or authorized the:

* National Defense Service Medal
* Vietnam Service Medal (VSM)
* Republic of Vietnam (RVN) Campaign Medal with Device (1960)
* Army Commendation Medal
* Combat Infantryman Badge 
* Parachutist Badge
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)
* two Overseas Service Bars

9.  A review of his record indicates entitlement to additional awards not listed on his DD Form 214.

10.  His records are void of any orders or other documents that indicate he was awarded the Army Good Conduct Medal (AGCM) by proper authority.  There are no adverse actions recorded in the applicant's available records or any record of a disqualification by his chain of command that would have precluded him from being recommended for or awarded the AGCM.

11.  Army Regulation 672-5-1 (Military Awards), in effect at the time, required that the enlisted person must have had all "excellent" conduct and efficiency ratings and no convictions by a court-martial throughout a qualifying period of service for award of the AGCM.  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 of less than 3 years but more than 1 year.

12.  Army Regulation 600-8-22 (Military Awards) states a bronze service star is worn on the appropriate service ribbon, to include the VSM, for each credited campaign.  The Vietnam campaigns are listed in appendix B.  His service in Vietnam coincided with the following four campaigns:

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

13.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows the 5th Special Forces Group (Airborne), 1st Special Forces, was awarded the RVN Civil Actions Honor Medal First Class Unit Citation for the period January 1968-24 September 1970.


14.  Department of the Army General Orders Number 8, dated 1974, announced award of the RVN Gallantry Cross with Palm Unit Citation to Headquarters, U.S. Army Vietnam, and its subordinate units, during the period 20 July 1965 to 28 March 1973.
	
DISCUSSION AND CONCLUSIONS:

1.  General Orders Number 1663 awarded him the BSM (1st Award).  Though the orders are not available for review, an Office of the Adjutant General, U.S. Army Administration Center letter indicates General Orders Number 2166 awarded him the BSM with oak leaf cluster and "V" Device.  Therefore, there is a sufficient evidentiary basis for correcting his DD Form 214 to show the BSM (2nd Award) with "V" Device.

2.  General Orders Number 1740 awarded him the AM.  Therefore, he is entitled to correction of his DD Form 214 to show the AM. 

3.  His conduct and efficiency ratings were "excellent," he was promoted to SGT/E-5, he was awarded two BSMs, and there is no record of disciplinary action taken against him.  In light of his overall record of service, it would be appropriate to award him the AGCM (1st Award) based on completion of a qualifying period of active Federal service from 16 November 1967 through 10 September 1970 and to add this award to his DD Form 214.

4.  Evidence shows he participated in four campaigns while serving in Vietnam.  Therefore, it would be appropriate to show his already-awarded VSM with four bronze service stars on his DD Form 214.

5.  His unit was awarded the RVN Civil Actions Honor Medal First Class Unit Citation for a period that coincided with his service with that unit in Vietnam.  Therefore, his DD Form 214 should be corrected to show this unit award.

6.  His DA Form 20 shows he served in Vietnam from September 1969 to September 1970.  Headquarters, U.S. Army Vietnam and its subordinate units were authorized the RVN Gallantry Cross with Palm Unit Citation for a period that included his period of service.  Therefore, his DD Form 214 should be corrected to show this unit award.

7.  Special orders awarded him the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16).  Therefore, it would be appropriate to add this qualification badge to his DD Form 214.

8.  In view of the foregoing, he is entitled to have his records corrected as shown below.

BOARD VOTE:

____X___  ____X___  ____X___  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was 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 AGCM (1st Award) for the period 16 November 1967 through 10 September 1970;

	b.  deleting the VSM from his DD Form 214; and

	c.  adding the following awards to his DD Form 214:

* BSM (2nd Award) with "V" Device
* AM
* AGCM (1st Award)
* VSM with four bronze service stars
* RVN Gallantry Cross with Palm Unit Citation
* RVN Civil Actions Honor Medal First Class Unit Citation
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16)




      _______ _  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)                                         AR20140003992



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ABCMR Record of Proceedings (cont)                                         AR20140003992



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