BOARD DATE:	  3 December 2014

		DOCKET NUMBER:  AR20140006650 


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 award of the Bronze Star Medal (BSM).

2.  The applicant states he served with the 52nd Signal Battalion in the Republic of Vietnam (RVN) for more than 25 months.  On 30 March 1970, he was awarded the BSM for meritorious service.  On 21 April 1970, he was released from active duty (REFRAD).  At the time, he was unaware that he had been awarded the BSM.  He received his awards documents in the mail several weeks later.

3.  The applicant provides copies of his DD Form 214 and award documents.

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 enlisted in the Regular Army on 7 August 1967.  He was awarded military occupational specialty 72B (Communications Center Specialist).

3.  His DA Form 20 (Enlisted Qualification Record) shows in –

* item 31 (Foreign Service), he served in Vietnam from 19 March 1968 through 21 April 1970
* item 33 (Appointments and Reductions), he was promoted to sergeant (SGT)/pay grade E-5 on 13 May 1969
* item 38 (Record of Assignments) – 

* Company A, 52nd Signal Battalion, from 17 March 1968 through
24 November 1969
* Strategic Command Facility, 52nd Signal Battalion, from 
25 November 1969 through 15 April 1970

* item 41 (Awards and Decorations) does not list the BSM

4.  Headquarters, 1st Signal Brigade (U.S. Army Strategic Command), General Orders Number 811, dated 30 March 1970, awarded the applicant the BSM for meritorious service from 1 April 1969 to 27 March 1970.

5.  The applicant's DD Form 214 shows he entered active duty this period on
7 August 1967, was honorably REFRAD on 21 April 1970, and transferred to the U.S. Army Reserve Control Group (Reinforcement).

   a.  He had completed 2 years, 8 months, and 15 days of total active duty service this period that included 2 years, 1 month, and 13 days of foreign service.

   b.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) shows the –

* National Defense Service Medal
* Vietnam Service Medal
* RVN Campaign Medal with Device (1960)

6.  A review of the Awards and Decorations Computer-Assisted Retrieval System, an index of general orders issued during the Vietnam-era between
1965 and 1973 maintained by the U.S. Army Human Resources Command, Awards and Decorations Branch, failed to reveal any additional award orders pertaining to the applicant.

7.  A review of the applicant's military personnel records reveals he may be entitled to additional awards that are not shown on his DD Form 214.

8.  Headquarters, U.S. Army Training Center, Armor (2018), Fort Knox, KY, Special Orders Number 273, dated 30 September 1967, awarded the applicant the Sharpshooter Marksmanship Qualification Badge with (M-14) Rifle Bar.

9.  Headquarters, U.S. Army Southeastern Signal School, Fort Gordon, GA, Special Orders Number 32, dated 7 February 1968, awarded the applicant the Sharpshooter Marksmanship Qualification Badge with (M-16) Rifle Bar.

10.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam.  Paragraph 6d shows that Department of the Army General Orders Number 8, 1974, announced award of the RVN Gallantry Cross with Palm Unit Citation to Headquarters, U.S. Army Vietnam and its subordinate units during the period 20 July 1965 to 28 March 1973.

11.  Item 38 of the applicant's DA Form 20 shows he received all "excellent" conduct and efficiency ratings throughout his military service.  A review of the applicant's military personnel records failed to reveal any adverse or derogatory information.  This review also failed to reveal evidence of a commander's disqualification that would have precluded him from being recommended for or awarded the Army Good Conduct Medal (AGCM) (1st Award).

12.  Army Regulation 672-5-1 (Military Awards), in effect at the time, provided that the AGCM was awarded to individuals who completed a qualifying 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.  There must have been no convictions by a court-martial.

13.  Army Regulation 600-8-22 (Military Awards) provides policy, criteria, and administrative instructions concerning military awards and decorations.

   a.  The Vietnam Service Medal (VSM) is awarded to all members of the Armed Forces of the United States for qualifying service in Vietnam after 3 July 1965 through 28 March 1973.  A bronze service star will be awarded for wear on the VSM for participation in each credited campaign.  A silver service star is authorized in lieu of five bronze service stars.

	b.  Appendix B contains a list of Vietnam Conflict campaigns.  During the applicant's service in Vietnam, participation credit was awarded for the following seven campaigns –

* Tet Counteroffensive (30 January - 1 April 1968)
* Vietnam Counteroffensive Phase IV (2 April - 30 June 1968)
* Vietnam Counteroffensive Phase V (1 July - 1 November 1968)
* Vietnam Counteroffensive Phase VI (2 November 1968 - 22 February 1969)
* Tet Counteroffensive 1969 (23 February - 8 June 1969)
* Vietnam Summer - Fall 1969 (9 June - 31 October 1969)
* Vietnam Winter - Spring 1970 (1 November 1969 - 30 April 1970)

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends his DD Form 214 should be corrected to show he was awarded the BSM.

2.  The evidence of record shows:

   a.  general orders awarded him the BSM for meritorious service in the RVN from 1 April 1969 to 27 March 1970;

   b.  the applicant qualified for award of the VSM and he participated in seven campaigns during his service in Vietnam.  Thus, he is authorized one silver service star and two bronze service stars for wear on his already-awarded VSM;

	c.  general orders awarded the applicant's unit the RVN Gallantry Cross with Palm Unit Citation; and

   d.  special orders awarded him the Sharpshooter Marksmanship Qualification Badge with (M-14 and M-16) Rifle Bar.

3.  The applicant served a period of continuous, honorable active duty enlisted service from 7 August 1967 through 21 April 1970.

   a.  There is no evidence of any disciplinary actions, adverse information, or a commander's disqualification for the first award of the AGCM.

	b.  He was promoted to SGT (E-5) with less than 22 months of active duty and he received all "excellent" conduct and efficiency ratings during his service.

   c.  He was awarded the BSM for meritorious service in the RVN.
	d.  Based on the available evidence, it would be appropriate at this time to award the applicant the AGCM (1st Award) for the period 7 August 1967 through 21 April 1970.
	
4.  Therefore, in view of all of the foregoing, it would be appropriate to correct the applicant's DD Form 214 to show his awards and decorations, as recommended below.

BOARD VOTE:

____x____  ____x____  ___x__  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION


BOARD DETERMINATION/RECOMMENDATION:

1.  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 him the Army Good Conduct Medal (1st Award) for the period 
7 August 1967 through 21 April 1970 (Standard Name Line:  SGT  U.S. Army Strategic Command Support Detachment, 52nd Signal Battalion); and

   c.  adding to item 24 of his DD Form 214 the:

* Bronze Star Medal
* Army Good Conduct Medal (1st Award)
* Vietnam Service Medal with 1 silver service star and 2 bronze service stars





* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Sharpshooter Marksmanship Qualification Badge with (M-14 and
M-16) Rifle 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)                                         AR20140006650



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ABCMR Record of Proceedings (cont)                                         AR20140006650



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