IN THE CASE OF:	  

		BOARD DATE:	  18 November 2014

		DOCKET NUMBER:  AR20140005545 


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 award of the Bronze Star Medal be included on his DD Form 214.

2.  The applicant states he received the Bronze Star Medal for his service in Vietnam.  The award certificate was signed by Major General T------ on 22 April 1972.

3.  The applicant provides a copy of a Bronze Star Medal 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 was inducted in the Army on 21 May 1969 and was awarded military occupational specialty 11B (Light Weapons Infantryman).
3.  His DA Form 20 (Enlisted Qualification Record) shows his –

* promotion to sergeant (E-5)
* service in Vietnam with Headquarters and Headquarters Company and Company C of the 2nd Battalion, 506th Infantry Regiment from 30 June 1970 to on or about 10 March 1971
* all conduct and efficiency ratings of “excellent” 
* award of the National Defense Service Medal, Vietnam Service Medal, Combat Infantryman Badge, Expert Marksmanship Qualification Badge with Machine Gun Bar, Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14), and the Marksman Marksmanship Qualification Badge with Rifle Bar (M-16)

4.  The applicant was honorably released from active duty on 10 March 1971 with 1 year, 9 months, and 20 days of total active service and no time lost.  His DD Form 214 shows his awards as the National Defense Service Medal, Vietnam Service Medal, Republic of Vietnam Campaign Medal with Device (1960), Army Commendation Medal, Combat Infantryman Badge, and the Air Medal.

5.  The Bronze Star Medal certificate provided by the applicant shows it was issued on 22 April 1971, over a month after he was released from active duty.

6.  The applicant's record does not contain orders for award of any of the applicant's personal decorations.

7.  The FSM's record contains no derogatory entries, disciplinary actions, nonjudicial punishment, or courts-martial that would suggest he was considered not eligible for award of the Army Good Conduct Medal.

8.  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 Military Awards Branch of the United States Army Human Resources Command, failed to reveal any orders for any awards or decorations pertaining to the applicant

9.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in Vietnam.  This document shows that while the FSM was assigned to the 2nd Battalion, 506th Infantry Regiment, it was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 1 March through 
9 October 1971 by Department of the Army General Orders (DAGO) Number 6, dated 1974.

10.  Army Regulation 672-5-1 (Awards), in effect at the time, stated the Army Good Conduct Medal was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940; 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 court-martial convictions.

11.  Army Regulation 600-8-22 (Military Awards) states that a bronze service star is authorized, based on qualifying service, for each designated campaign listed in Appendix B of the regulation and states that authorized service stars will be worn on the appropriate campaign or service medal.  Based on the FSM's dates of service in Vietnam he participated during the following two campaign periods:  

* Sanctuary Counteroffensive (1 May - 30 June 1970)
* Vietnam Counteroffensive Phase VII (1 July 1970 - 30 June 1971)

DISCUSSION AND CONCLUSIONS:

1.  The applicant's award of the Expert Marksmanship Qualification Badge with Machine Gun Bar, Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14), and the Marksman Marksmanship Qualification Badge with Rifle Bar    (M-16) were omitted from his DD Form 214.  Therefore, it would be appropriate to correct this oversight.

2.  The FSM served in Vietnam during two campaign periods and is entitled to wear two bronze service stars on his already-awarded Vietnam Service Medal.  Therefore, it would be appropriate to correct his DD Form 214 to show the Vietnam Service Medal with two bronze service stars.

3.  The FSM is also authorized award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  Therefore, it would be appropriate to include this award on his DD Form 214.

4.  It is reasonable to accept the award certificate as valid based on the fact that the certificate was not issued until after he was released from active duty.  Therefore, it is appropriate to accept the award certificate as sufficient evidence to correct the record to show he was awarded the Bronze Star Medal.

5.  The applicant distinguished himself by his conduct, efficiency and fidelity as evidenced by his combat service, his conduct and efficiency ratings, his personal decorations, and his advancement to pay grade E-5.  The record contains no indication of any disqualifying incidents or recommendations.  Therefore, it would be appropriate to award the applicant the Good Conduct Medal (1st Award) for his period of service from 21 May 1969 through 10 March 1971.

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.  deleting from his DD Form 214 the Vietnam Service Medal;

	b.  awarding the applicant the Good Conduct Medal  (1st Award) for the period 21 May 1969 through 10 March 1971; and

	c.  adding to his DD Form 214 the Bronze Star Medal, Army Good Conduct Medal (1st Award), Vietnam Service Medal with two bronze service stars, Republic of Vietnam Gallantry Cross with Palm Unit Citation, Expert Marksmanship Qualification Badge with MachineGun Bar, Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14), and the Marksman 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)                                         AR20140005545



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ABCMR Record of Proceedings (cont)                                         AR20140005545



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