IN THE CASE OF:  	  

		BOARD DATE:  6 November 2014	  

		DOCKET NUMBER:  AR20140005223 


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 social security number (SSN) on Headquarters, Americal Division, General Orders Number 1338 and the addition of the Bronze Star Medal (BSM) to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).

2.  The applicant states his SSN as reflected on the orders contains a typographical error.

3.  The applicant provides General Orders Number 1338 with a citation and certificate.

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's military records show he was inducted into the Army of the United States on 12 March 1968.  He was awarded military occupational specialty 13E (Field Artillery Operations and Intelligence Assistant).  He attained the rank of specialist five (SP5)/pay grade E-5.

3.  He performed duties as a battery clerk in the Republic of Vietnam (RVN) while assigned to Battery D, 6th Battalion, 11th Artillery Regiment, during the period 10 July 1969 to 2 March 1970.  He participated in two campaigns.

4.  On 9 February 1970, Headquarters, Americal Division issued General Orders Number 1338, which awarded him the BSM for meritorious service in Vietnam.  He is clearly identified in the orders; however, his SSN differs by one digit from the SSN recorded throughout his record.  

5.  On 4 March 1970, he was honorably released from active duty after completing 1 year, 11 months, and 23 days of active service.

6.  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)
* Expert Marksmanship Qualification Badge with Rifle Bar (M-16)
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)
* one overseas service bar

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

8.  His records are void of any orders or other documents that indicate he was awarded the Army Good Conduct Medal (AGCM) by proper authority.  His record shows he received all "excellent" conduct and efficiency ratings.  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.

9.  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.
10.  Army Regulation 600-8-22 (Military Awards) states a bronze service star will be awarded for wear on the VSM for participation in each credited campaign.  

11.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows Battery D, 6th Battalion, 11th Artillery, was awarded the RVN Gallantry Cross with Palm Unit Citation for the period 24 August through 31 December 1969.

DISCUSSION AND CONCLUSIONS:

1.  General Orders Number 1338 awarded him the BSM.  Though the SSN listed on the standard name line has one digit that differs from his SSN, evidence indicates this was due to a typographical error.  As such, these orders are accepted as awarding him the BSM.  Therefore, there is a sufficient evidentiary basis for amending his SSN on these orders and for adding the BSM to his DD Form 214.

2.  His conduct and efficiency ratings were "excellent," he was promoted to SP5, he was awarded the BSM, 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 12 March 1968 through 4 March 1970 and to add this award to his DD Form 214.

3.  He was awarded the VSM and he participated in two campaigns.  Therefore, he is entitled to correction of his DD Form 214 to show two bronze service stars with his previously-awarded VSM.

4.  His unit was awarded the RVN Gallantry Cross with Palm 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.

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.  amending General Orders Number 1338 to show his SSN as that listed on his DD Form 214;

	b.  awarding him the AGCM (1st Award) for the period 12 March 1968 through 4 March 1970;

	c.  amending his DD Form 214 by deleting the VSM and adding the following awards:

* BSM
* AGCM (1st Award)
* VSM with two bronze service stars
* RVN Gallantry Cross with Palm 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)                                         AR20140005223



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ABCMR Record of Proceedings (cont)                                         AR20140005223



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