BOARD DATE:	  2 December 2014

		DOCKET NUMBER:  AR20140006197 


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 show the following:

* Vietnam Fourragere Color of Military Merit, properly known as the Vietnamese Military Merit Medal
* Staff Service Medal Second Class, properly known as the Vietnamese Staff Service Medal (2nd Class)
* Armed Forces Honor Medal Second Class, properly known as the Vietnamese Armed Forces Honor Medal (2nd Class)
* Bronze Star Medal with 1st Oak Leaf Cluster (OLC)
* Army Commendation with 1st OLC

2.  The applicant states that at the time of his discharge the clerk failed to list all of his decorations.  He recently moved to Florida and discovered the enclosed documents in his old storage boxes.  At the time of his discharge, he did not think it was important to check all the information on his DD Form 214, but his DD Form 214 does not show these awards.

3.  The applicant provides copies of the following:

* Letter of Recommendation
* Vietnamese certificate
* Authorization for Individual Foreign Award for the Staff Service Medal Second Class memorandum

* General Orders (GO) Number 2186
* Army Commendation Medal with 1st OLC certificate
* GO Number 3548
* Bronze Star Medal with 1st OLC certificate
* DD Form 214
* Authorization for Individual Foreign Award for the Armed Forces Honor Medal Second Class memorandum
* Vietnamese award certificate
* Honorable Discharge 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 provide in the statute of limitations, the ABCMR has elected to conduct a substantive review of the cases 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 sufficient bases to waive the statute of limitations.

2.  The applicant enlisted in the Regular Army on 4 December 1967.  He was awarded military occupational specialty 71L (administrative specialist).  He served in Vietnam from 12 May 1968 through 11 July 1970, during eight campaigns.  He was assigned to the Advisory Team 3, Corps Advisory Group, U.S. Military Assistance Command.

3.  Headquarters, U.S. Military Assistance Command, Vietnam, issued the following:

* Authorization for Individual Foreign Award for the Fourragere Color of Military Merit memorandum, on 24 March 1969, authorizing him this award presented by the Government of Vietnam
* Authorization for Individual Foreign Award for the Staff Service Medal Second Class memorandum, on 27 September 1969, authorizing him this award presented by the Government of Vietnam
* GO Number 130, on 6 January 1969, awarding him the Army Commendation Medal for meritorious service from June 1969 to December 1969
* GO Number 2186, on 22 April 1970, awarding him the Army Commendation Medal with 1st OLC for meritorious achievement from 1 to 16 February 1970; he provided a copy of the resulting certificate
* GO Number 2221, on 1 May 1970, awarding him the Bronze Star Medal for meritorious service in connection with military operations against a hostile force in Vietnam from May 1968 to May 1969
* GO Number 3548, on 29 June 1970, awarding him the Bronze Star Medal with 1st OLC for meritorious service in connection with military operations against a hostile force in Vietnam from December 1969 to June 1970; he provided a copy of the resulting certificate

4.  He was honorably released from active duty on 12 July 1970 as an overseas returnee.  He was transferred to the U.S. Army Reserve Control Group (Reinforcement).  He completed 2 years, 7 months, and 9 days of net active service.  His DD Form 214 shows he was awarded or authorized the:

* National Defense Service Medal
* Vietnam Service Medal
* Vietnam Campaign Medal
* Bronze Star Medal
* Army Commendation Medal

5.  On 14 September 1970, Headquarters, U.S. Military Assistance Command, issued an Authorization for Individual Foreign Award for the Armed Forces Honor Medal (2nd Class) memorandum authorizing him this award by the Government of Vietnam. He provided a copy of the resulting certificate.

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

* Item 38 (Record of Assignments) he received "excellent" conduct and efficiency ratings throughout his period of service; there is no evidence of a commander's disqualification for award of the Army Good Conduct Medal during his period of service
* Item 41 (Awards and Decorations) all the awards listed on his DD Form 214 and the following:

* Bronze Star Medal with 1st OLC
* Army Commendation Medal with 1st OLC
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar
* Vietnam Fourragere Color of Military Merit
* Staff Service Medal Second Class


7.  He provided copies the following:

* Letter of Recommendation he received for his services as the stenographer for the Advisory Team 3, Military Assistance Command, in Vietnam
* Honorable Discharge Certificate, dated 15 December 1973

8.  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, 1 year service entirely during the period 7 December 1941 through 2 March 1946; and, 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-marital.

9.  Army Regulation 600-8-22 (Military Awards) states:

* a bronze star is authorized for wear on the Vietnam Campaign Medal to denote campaign participation; a silver star denotes five bronze stars
* the Vietnamese Military Merit Medal, Vietnamese Armed Forces Honor Medal, and Vietnamese Staff Service Medal are foreign decorations approved for acceptance and wear

10.  Department of the Army (DA) Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows his unit, the U.S. Military Assistance Command, Headquarters and subordinate units, was cited for the Republic of Vietnam Gallantry Cross with Palm Unit Citation, for the period 8 February 1962 through 28 March 1973, by DAGO Number 8, dated 1974.

DISCUSSION AND CONCLUSIONS:

1.  GO awarded him the Bronze Star Medal (1st OLC) and Army Commendation Medal (1st OLC) during his period of service in Vietnam.  Therefore, he is entitled to correction to his DD Form 214 to show these awards.

2.  During his period of service in Vietnam he was authorized and awarded the Vietnamese Military Merit Medal, Vietnamese Armed Forces Honor Medal (2nd Class), and Vietnamese Staff Service Medal (2nd Class).  Therefore, his          DD Form 214 should be correction to show these foreign awards.


3.  The evidence of record shows he received "excellent" conduct and efficiency rating during his period of active duty, attained the rank of pay grade E-5, and was awarded the Bronze Star Medal with 1st OLC and Army Commendation Medal with 1st OLC.  Therefore, it appears he is entitled to award of the Army Good Conduct Medal (1st Award) for his period of service from 4 December 1967 through 12 July 1970 and its addition to his DD Form 214.

4.  He served in Vietnam during eight campaigns; therefore, he is entitled to award of one silver service star and three bronze service stars to be added to already-awarded Vietnam Service Medal and correction to his DD Form 214 to show these service stars.

5.  He was awarded the Sharpshooter Marksmanship Qualification Badge with Rifle Bar period of active duty.  Therefore, his DD Form 214 should be correction to show this badge.

6.  GO awarded his unit the Republic of Vietnam Gallantry Cross with Palm Unit Citation during his period of service in Vietnam.  Therefore, his DD Form 214 should be correction to show this foreign 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:

* awarding him the Army Good Conduct Medal (1st Award) for his period of service from 4 December 1967 through 12 July 1970
* deleting from his DD Form 214 the:

* Bronze Star Medal
* Army Commendation Medal
* Vietnam Service Medal
* adding to his DD Form 214 the:

* Army Good Conduct Medal (1st Award)
* Bronze Star Medal (2nd Award)
* Army Commendation Medal (2nd Award)
* Vietnamese Military Merit Medal
* Vietnamese Armed Forces Honor Medal (2nd Class)
* Vietnamese Staff Service Medal (2nd Class)
* Vietnam Service Medal with one silver service star and three bronze service stars
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar
* Republic of Vietnam 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)                                         AR20140006197





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ABCMR Record of Proceedings (cont)                                         AR20140006197



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