IN THE CASE OF:	  

		BOARD DATE:	  3 December 2014

		DOCKET NUMBER:  AR20140006003 


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 add the Bronze Star with "V" Device and the Air Medal (2nd Award).

2.  The applicant states these awards were presented after his discharge.

3.  The applicant provides:

* certificate for awards of the Bronze Star Medal with "V" Device
* General Order (GO) Number 13764, dated 13 October 1970
* DD Form 214

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 8 January 1969.  He held military occupational specialty 11F (Infantry Operations and Intelligence Specialist) and attained the rank/grade of sergeant (SGT)/E-5.

3.  Special Orders (SO) Number 67, issued by Headquarters, U.S. Army Training Center, Infantry, Fort Dix, NJ, dated 8 March 1969, awarded him the Expert Marksmanship Qualification Badge with Rifle Bar (M-14) and (M-16) and Grenade Bar.

4.  SO Numbers 89, issued by Headquarters, 1st Advanced Individual Training Brigade, Fort Dix, NJ, on 23 April 1969, awarded him the 1st Class Marksmanship Qualification Badge with Machine Gun Bar (M-60) and the Marksman Marksmanship Qualification Badge with Rifle Bar (M-16).

5.  His DA Form 20 (Enlisted Qualification Record) shows he was assigned to Vietnam from 18 December 1969 to 15 November 1970 and he served with:

* 23rd Administration Replacement Detachment from 22 December 1969 to 2 January 1970
* Company E, 1st Battalion, 52nd Infantry Regiment, 198th Infantry Brigade from 3 January 1970 to 22 February 1970
* D Troop, 1st Squadron, 1st Calvary Regiment from 23 February 1970 to 
9 October 1970

6.  GO Number 10817, issued by Headquarters, Americal Division, Vietnam, on 15 August 1970, awarded him the Air Medal.

7.  GO Number 13764, issued by Headquarters, Americal Division, Vietnam, on 13 October 1970, awarded him the Bronze Star Medal with "V" Device.

8.  He was honorably released from active duty on 16 November 1970.  His 
DD Form 214 shows he was awarded or authorized the:

* National Defense Service Medal 
* Army Commendation Medal
* Combat Infantryman Badge
* Vietnam Campaign Medal
* Vietnam Service Medal

9.  Army Regulation 600-8-22 (Military Awards), paragraph 2-13 contains the regulatory guidance on the Vietnam Service Medal and states a bronze service star is authorized with this award for each Vietnam campaign a member is credited with participating in.  Appendix B shows that during his service in Vietnam, participation credit was awarded for the following three campaigns:

* Vietnam Winter-Spring 1970 (1 November 1969 – 30 April 1970)
* DA Sanctuary Counteroffensive (1 May 1970 – 30 June 1970)
* Vietnam Counteroffensive, Phase VII (1 July 1970 – 30 June 1971)

10.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in 
Vietnam.  This pamphlet shows Troop D, 1st Squadron, 1st Cavalry Regiment was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 31 March 1970 to 30 June 1970, by DAGO Number 42, dated 1972.

11.  A review of his service records shows he had "excellent" conduct and efficiency ratings, no derogatory information in the form of time lost, nonjudicial punishment, or suspension of favorable personnel actions, or a commander's disqualification that would have precluded him from being recommended for and awarded the first award of the Army Good Conduct Medal for the period 
8 January 1969 through 16 November 1970.

12.  Army Regulation 672-5-1 (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.

DISCUSSION AND CONCLUSIONS:

1.  GO Awarded him the Air Medal and the Bronze Star Medal with "V" Device; therefore, he is entitled to correction of his DD Form 214 to add these awards.  

2.  GO awarded his unit in Vietnam the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  Therefore, he is entitled to correction of his DD Form 214 to add this unit award.

3.  The evidence of record shows he participated in three campaigns while serving in Vietnam; therefore, he is entitled to correction of his DD Form 214 to show three bronze service stars affixed to his previously-awarded Vietnam Service Medal.

4.  The evidence of record shows he was awarded the Expert Marksmanship Qualification Badge with Rifle Bar (M-14), Expert Marksmanship Qualification Badge with Grenade Bar, 1st Class Marksmanship Qualification Badge with Machine Gun Bar (M-60), and the Marksman Marksmanship Qualification Badge with Rifle Bar (M-16).  Therefore, he is entitled to correction of his DD Form 214 to add these badges.

5.  He served honorably during the period 8 January 1969 through 16 November 1970.  There is no derogatory information in the form of nonjudicial punishment or suspension of favorable personnel actions that would disqualify him for the first award of the Army Good Conduct Medal.  Additionally, there are no entries in his record to indicate that his commander denied him this award and he received "excellent" conduct and efficiency ratings.  It appears he met the criteria for this award.  Therefore, he is entitled to award of the Army Good Conduct Medal (1st Award) and correction of his DD Form 214 to add this 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.  awarding him the Army Good Conduct Medal (1st Award) for the period 
8 January 1969 through 16 November 1970;

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

	c.  adding to his DD Form 214 and issuing him the:

* Bronze Star Medal with "V" Device
* Air Medal
* Army Good Conduct Medal (1st Award)
* Vietnam Service Medal with three bronze service stars
* Republic of Vietnam Gallantry Cross with Palm Unit Citation 
* Expert Marksmanship Qualification Badge with Rifle Bar (M-14)
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-16)
* 1st Class Marksmanship Qualification Badge with Machine Gun Bar (M-60)
* Expert Marksmanship Qualification Badge with Grenade 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)                                         AR20140006003





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ABCMR Record of Proceedings (cont)                                         AR20140006003



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