IN THE CASE OF:  	  

		BOARD DATE:  28 October 2014	  

		DOCKET NUMBER:  AR20140005287 


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 his two Bronze Star Medals be added to his 
DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) with an effective date of 10 February 1970.

2.  The applicant states his Bronze Star Medals are not shown on his 
DD Form 214.

3.  The applicant provides:

* DD Form 214 with an effective date of 10 February 1970
* citation and certificate awarding him the Bronze Star Medal with First Oak Leaf Cluster
* a letter, dated 18 July 1969, from his State assemblyman 

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 26 March 1968, he was inducted into the Army of the United States.  

3.  Headquarters (HQ), U.S. Army Training Center (USATC), Infantry and Fort Polk, Fort Polk, LA Special Orders Number 174, dated 10 July 1968, awarded him the Expert Marksmanship Qualification Badge with Machinegun Bar.

4.  He was assigned to Company B, 3rd Battalion, 47th Infantry in the Republic of Vietnam from 9 September 1968 to 14 July 1969.  He was promoted to sergeant on 1 April 1969.  He participated in four campaigns.

5.  HQ, 9th Infantry Division issued the following general orders (GO):

* GO Number 1688, dated 13 February 1969, awarded him the Army Commendation Medal for outstanding achievement in the Republic of Vietnam from 15 August 1968 to 5 February 1969
* GO Number 3057, dated 14 March 1969, awarded him the Army Commendation Medal with "V" Device for heroism on 20 February 1969
* GO Number 4472, dated 14 April 1969, awarded him the Army Commendation Medal with "V" Device for heroism on 31 March 1969
* GO Number 7255, dated 23 June 1969, awarded him the Air Medal with 1st Oak Leaf Cluster for meritorious achievement while participating in sustained aerial flight from 25 September 1968 to 16 May 1969
* GO Number 7443, dated 25 June 1969, awarded him the Bronze Star Medal with First Oak Leaf Cluster for meritorious service from August 1968 to June 1969

6.  On 10 February 1970, he was released from active duty.  He completed 
1 year, 10 months, and 15 days of active service that was characterized as honorable.  His DD Form 214 shows he was awarded the:

* National Defense Service Medal
* Vietnam Service Medal with two bronze service stars
* Republic of Vietnam Campaign Medal with Device (1960)
* Army Commendation Medal with "V" Device (1st Oak Leaf Cluster)
* Combat Infantryman Badge
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-14 
and M-16)


7.  There is no evidence the applicant received the first award of the Army Good Conduct Medal.  There also is no evidence the applicant 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.

8.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists campaign participation credit, assault landing credit, and unit citation emblems awarded during the Vietnam Conflict.  During the period he was assigned to the 3rd Battalion, 47th Infantry the unit was awarded the:

* Meritorious Unit Commendation (Army) from 1 January - 31 December 1968
* Republic of Vietnam Gallantry Cross with Palm Unit Citation from January- June 1969
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation from 19 December 1966 - 28 June 1969

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

	a.  Arabic Numerals are now used instead of oak leaf clusters for the second and succeeding awards of the Air Medal.  The Numeral 2 denotes the second award of the Air Medal.

	b.  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.

10.  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. 

* 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.  HQ, 9th Infantry Division GO show he was awarded two Bronze Star Medals and two Air Medals.  Second and subsequent awards of the Air Medal are shown using Arabic Numerals.  Therefore, the Bronze Star Medal (2 Awards) and the Air Medal with Numeral 2 should be added to his DD Form 214.

2.  HQ, 9th Infantry Division general orders show he was awarded three Army Commendation Medals, two with the "V" Device.  Therefore, the current entry shown on his DD Form 214 for the Army Commendation Medal with "V" Device 
(1st Oak Leaf Cluster) should be deleted and the Army Commendation Medal 
(3 Awards and with "V" Device) should be added to his DD Form 214.

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 the evidence shows the applicant is entitled to the first award of the Army Good Conduct Medal based on completion of qualifying service from 26 March 1968 to 10 February 1970 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 3rd Battalion, 47th Infantry he is authorized the:

* Meritorious Unit Commendation (Army) 
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation

6.  HQ, USATC, Fort Polk orders awarded him the Expert Marksmanship Qualification Badge with Machinegun Bar.  Therefore, this award should be added to his DD Form 214.









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 Army Good Conduct Medal (1st Award) for service from 26 March 1968 to 10 February 1970; and 

	b.  amending his DD Form 214 with an effective date of 10 February 1970 by deleting the Army Commendation Medal with "V" Device (1st Oak Leaf Cluster) and the Vietnam Service Medal with 2 bronze service stars and adding the:

* Bronze Star Medal (2 Awards)
* Air Medal with Numeral 2
* Army Commendation Medal (3 Awards and with "V" Device)
* Army Good Conduct Medal (1st Award)
* Meritorious Unit Commendation (Army) 
* Vietnam Service Medal with 4 bronze service stars
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation
* Expert Marksmanship Qualification Badge with Machinegun Bar



      ___________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)                                         AR20140005287



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ABCMR Record of Proceedings (cont)                                         AR20140005287



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