IN THE CASE OF:	  

		BOARD DATE:	  2 December 2014

		DOCKET NUMBER:  AR20140006979 


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, in effect, that his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to show his awards of the Bronze Star Medal with “V” Device and 1 oak leaf cluster (OLC) and the Army Commendation Medal with “V” Device and 1 OLC.

2.  The applicant states, in effect, that his awards of the Bronze Star Medal with “V” Device and 1 oak leaf cluster (OLC) and the Army Commendation Medal with “V” Device and 1 OLC are not reflected on his DD Form 214.

3.  The applicant provides copies of his orders and citation for awards of the Bronze Star Medal with “V” Device and Army Commendation Medal with “V” Device and 1 OLC, and copies of his citation for the Bronze Star Medal with 1 OLC.

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 12 August 1968 for a period of 2 years.  He completed his one-station unit training as an infantry indirect fire crewman at Fort Polk, Louisiana and his airborne and pathfinder training at Fort Benning, Georgia before being transferred to Vietnam on 13 April 1969.

3.  He was initially assigned to Headquarters and Headquarters Detachment, 9th  Aviation Battalion for duty as a pathfinder.  On 12 June 1969, he was transferred to Company E, 75th Ranger Regiment. 

4.  He served in two campaigns and departed Vietnam on 1 April 1970 and was honorably released from active duty (REFRAD) as an overseas returnee on         1 April 1970. He had served 1 year, 7 months, and 20 days of active service.  His DD Form 214 shows he was awarded the National Defense Service Medal, Vietnam Service Medal, Vietnam Campaign Medal, Parachutist Badge, Army Commendation Medal, Combat Infantryman Badge, and Air Medal.

5.  Headquarters, 9th Infantry Division General Orders Number 10162 dated     13 July 1969 awarded him the Army Commendation Medal with “V” Device.

6.  Headquarters, II Field Force Vietnam General Orders Number 4828 dated   19 December 1969 awarded him the Army Commendation Medal with 1 OLC.

7.  Headquarters, II Field Force Vietnam General Orders Number 4874 dated   22 December 1969 awarded him the Bronze Star Medal with “V” Device.

8.  The applicant provided a citation and certificate showing he was awarded the Bronze Star Medal with 1 OLC for the period April 1969 to April 1970.

9.  A review of his records shows he was awarded the Pathfinder Badge in Special Orders 62, issued by Headquarters, Training School Brigade, Fort Benning, Georgia on 12 March 1969.  However, his records do not contain orders awarding him the Army Commendation Medal w/1OLC.

10.  A review of the applicant’s records also shows that the applicant had “excellent” conduct and efficiency ratings throughout his service and is void of derogatory information that would serve to disqualify him for award of the Army Good Conduct Medal (AGCM). 

11.  Army Regulation 600-8-22 (Military Awards), paragraph 2-13, contains the regulatory guidance on the Vietnam Service Medal.  It states a bronze service star is authorized with this award for each Vietnam campaign a member is credited with participating in.  

12.  Army Regulation 672-5-1 (Awards), in effect at the time, stated the AGCM 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 served entirely during the period 7 December 1941 to 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-martial.

13.  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 applicant’s units were cited for awards of the Republic of Vietnam Gallantry Cross with Palm Unit Citation and Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation during the period he served with the units

14.  Army Regulation 600-8-22 states the Bronze Star Medal is awarded in time of war for heroism and for meritorious achievement or service, not involving participation in aerial flight, in connection with military operations against an armed enemy, or while engaged in military operations involving conflict with an opposing armed force in which the United States is not a belligerent party.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

DISCUSSION AND CONCLUSIONS:

1.  The applicant has provided orders awarding him the Bronze Star Medal with “V” Device and the Army Commendation Medal with “V” Device and 1OLC and is entitled to have those awards added to his DD Form 214.

2.  He was also awarded the Pathfinder Badge which is reflected in his official records and is also entitled to have that badge added to his DD Form 214 as well.

3.  The applicant served in two campaigns and is entitled to wear two bronze service stars on his already-awarded Vietnam Service Medal and have them added to his DD Form 214.

4.  Records show the applicant received all "excellent" conduct and efficiency ratings throughout his service.  His records do not contain any derogatory 
information or a commander's disqualification that would have precluded him from being recommended for or awarded the AGCM (1st Award).  Therefore, he should be awarded the AGCM (1st Award) for the period 12 August 1968 through 1 April 1970 and his DD Form 214 should be corrected to show this award.

5.  Additionally, the applicant’s units were cited for awards of the Republic of Vietnam Gallantry Cross with Palm Unit Citation and Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation during the period he served with the units and he is entitled to have those awards added to his DD Form 214.

6.  While the sincerity of the applicant’s claim that he was awarded the Bronze Star Medal with 1 OLC is not in doubt, he has not provided and his records do not contain orders awarding him the Bronze Star Medal with 1 OLC.  Therefore, in the absence of those orders, that award should not be entered on his DD Form 214. 

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____X____  ___X____  ____X____  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 partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

* Deleting the awards of the Vietnam Service Medal and Army Commendation Medal from his DD Form 214
* Awarding him the AGCM (1st Award) for the period 12 August 1968 through 1 April 1970
* Adding the awards of the Vietnam Service Medal with two bronze service stars, Army Commendation Medal with “V” Device and 1 OLC, Bronze Star Medal with “V” Device, Pathfinder Badge, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation to his DD Form 214

2.  The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to adding the award of the Bronze Star Medal with 1 OLC to his DD Form 214.



      ______________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)                                         AR20140006979





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ABCMR Record of Proceedings (cont)                                         AR20140006979



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