BOARD DATE:	  3 December 2014

		DOCKET NUMBER:  AR20140006751 


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 reflect his award of the Bronze Star Medal with "V" Device and any additional authorized awards.

2.  The applicant states the Bronze Star Medal with "V" Device was awarded after his release from active duty.

3.  The applicant provides:

* Headquarters, 4th Infantry Division, General Orders Number 4328, dated 30 July 1969
* 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 22 January 1968.

3.  His DA Form 20 (Enlisted Qualification Record) shows he served in Vietnam from on or about 15 June 1968 through 7 June 1969, where he was assigned to Company C, 3d Battalion, 8th Infantry Regiment, 4th Infantry Division, as a rifleman.  During his service in Vietnam he participated in four campaigns.

4.  His records contain Headquarters, 4th Infantry Division, General Orders Number 1406, dated 28 April 1969, which awarded him the Army Commendation Medal.

5.  He provided Headquarters, 4th Infantry Division, General Orders Number 4328, dated 30 July 1969, which awarded him the Bronze Star Medal with "V" Device.

6.  He was released from active duty on 21 January 1970.  He completed 2 years of active service.  His DD Form 214 shows he was awarded or authorized the:

* National Defense Service Medal
* Combat Infantryman Badge
* Vietnam Service Medal
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-16)
* Expert Marksmanship Qualification Badge with Rifle Bar (M-14)
* Expert Marksmanship Qualification Badge with Machine Gun Bar (M-60)

7.  There is no evidence of a commander's disqualification that would have precluded him from being recommended for or awarded the first award of the Army Good Conduct Medal.  His DA Form 20 shows he had all "excellent" conduct and efficiency ratings.

8.  Army Regulation 672-5-1 (Decorations and Awards), in effect at the time, prescribed Army policy, criteria, and administrative instructions concerning individual and unit military awards.  It 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 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-martial.

9.  Army Regulation 600-8-22 (Military Awards) provides that a bronze service star is authorized for wear on the Vietnam Service Medal for participation in each credited campaign.

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 the 3rd Battalion, 8th Infantry Regiment, was awarded the:

* Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period October 1966 through 28 July 1969 by Department of the Army General Orders Number 3, dated 1970
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 1 October 1966 through 31 October 1969 by Department of the Army General Orders Number 53, dated 1970

DISCUSSION AND CONCLUSIONS:

1.  The applicant's records contain orders awarding him the Bronze Star Medal with "V" Device and Army Commendation Medal.  Therefore, he is entitled to correction of his DD Form 214 to show these awards.

2.  He served honorably during the period 22 January 1968 through 21 January 1970.  There is no evidence in his records of disciplinary actions or a commander's disqualification for award of the Army Good Conduct Medal.  Therefore, it would be appropriate to award him the Army Good Conduct Medal (1st Award) at this time and correct his DD Form 214 to show this award.

3.  He was awarded the Vietnam Service Medal and participated in four campaigns.  Therefore, he is entitled to correction of his DD Form 214 to show four bronze service stars with his Vietnam Service Medal.

4.  General orders awarded the unit to which the applicant was assigned in Vietnam the Republic of Vietnam Gallantry Cross with Palm Unit Citation and Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.  Therefore, he is entitled to correction of his DD Form 214 to show these unit awards.



BOARD VOTE:

__x______  __x______  _x___  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined the evidence presented is 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 the period 22 January 1968 through 21 January 1970
* adding the following awards to his DD Form 214 –

* Bronze Star Medal with "V" Device
* Army Commendation Medal
* Army Good Conduct Medal (1st Award)
* four bronze service stars with his Vietnam Service Medal
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal First Class 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)                                         AR20140006751



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ABCMR Record of Proceedings (cont)                                         AR20140006751



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