IN THE CASE OF:  	  

		BOARD DATE:  30 December 2014	  

		DOCKET NUMBER:  AR20140006989 


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 (2nd Award)
* Army Commendation Medal with "V" Device
* Republic of Vietnam Campaign Medal with Device (1960) instead of "Vietnam Campaign Medal"
* overseas service bars
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation
* Expert Marksmanship Qualification Badge with Rifle Bars (M-14 and 
M-16)

2.  The applicant states, in effect, he received a copy of his records and noted the errors.

3.  The applicant provides:

* Headquarters, II Field Force Vietnam Artillery, General Orders Number 416, dated 28 March 1976
* Headquarters, II Field Force Vietnam Artillery, General Orders Number 176, dated 24 January 1970
* Army Commendation Medal Certificate
* Headquarters, U.S. Army Vietnam, General Orders Number 1362, dated 18 April 1969
* two Bronze Star Medal Certificates
* two Bronze Star Medal Citations
* DA Form 20 (Enlisted Qualification Record), page 4

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 16 September 1968.

3.  Headquarters, U.S. Army Training Center Infantry, Fort Bragg, NC, Special Orders Number 305, dated 31 October 1968, awarded the applicant the Expert Marksmanship Qualification Badge with Rifle Bar (M-16).

4.  On 11 December 1968, the applicant accepted nonjudicial punishment under the provisions of Article 15, Uniform Code of Military Justice, for stealing another Soldier's wallet.

5.  Headquarters, U.S. Army Training Center Field Artillery, Fort Sill, OK, Special Orders Number 15, dated 18 January 1969, awarded him the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16).

6.  Records show the applicant's date of return from overseas was changed from February 1970 to April 1970.

7.  He served in Vietnam during the period 6 February 1969 through on or about 18 April 1970 and participated in three campaigns.  While in Vietnam, he was assigned to Battery C, 2nd Battalion, 32nd Artillery, 23rd Artillery Group.

8.  Headquarters, U.S. Army Vietnam, General Orders Number 1362, dated 18 April 1969, awarded the applicant the Army Commendation Medal with "V" Device.

9.  His DA Form 20 shows in:

* item 29 (Qualification in Arms) –

*	Expert Marksmanship Qualification Badge with Rifle Bar (M-14)
*	Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16)

* item 38 (Record of Assignments) – "excellent" conduct and efficiency ratings where rated
* item 41 (Awards and Decorations) –

*	National Defense Service Medal
*	Vietnam Service Medal
*	Army Commendation Medal with "V" Device
*	Republic of Vietnam Campaign Medal with Device (1960)
*	one overseas service bar
*	Bronze Star Medal
*	Expert Marksmanship Qualification Badge

10.  On 22 April 1970, the applicant was honorably released from active duty.  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

11.  The applicant provided general orders awarding him the Bronze Star Medal for meritorious achievement for the period 13 February 1969 to 10 December 1969.  He also provided Headquarters, II Field Force Vietnam Artillery, General Orders Number 416, dated 28 March 1970, awarding him the Bronze Star Medal for meritorious achievement for the period February 1969 to April 1970.

12.  The applicant also provided two citations and two Bronze Star Certificates for the period 13 February 1969 to 10 December 1969 and for the period February 1969 to April 1970.

13.  His records are void of a commander's disqualification that would have prevented him from being recommended for or awarded the Army Good Conduct Medal (1st Award) for his period of honorable service from 16 September 1968 through 22 April 1970.
14.  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 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.

15.  Army Regulation 672-5-1 also stated only one decoration would be awarded to an individual or unit for the same act, achievement, or period of meritorious service.  Continuation of the same or similar type service already recognized by an award for meritorious service would not be the basis for a second award.

16.  Army Regulation 600-8-22 (Military Awards) provides policy, criteria, and administrative instructions concerning military awards and decorations.  One bronze service star is authorized with the Vietnam Service Medal for each Vietnam campaign a member is credited with participating in.

17.  Army Regulation 600-8-22 provides that the marksmanship qualification badge is awarded to indicate the degree – Expert, Sharpshooter, and Marksman – in which an individual has qualified in a prescribed record course.  An appropriate bar is furnished to denote each weapon with which the individual has qualified.  Award of marksmanship badges is not permanent.  An award for previous marksmanship weapons qualification is revoked automatically whenever an individual, upon completion of firing a record course for which the previous award was made, has not attained the same qualification.  If a badge is authorized for firing a limited or sub-caliber course, it is automatically revoked if a record service course is subsequently fired.

18.  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 2nd Battalion, 32nd Artillery Regiment, was cited for award of the:

* Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 1 September 1968 through 30 September 1970 by Department of the Army General Orders Number 5, dated 1973
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 4 November 1965 through 15 January 1971 by Department of the Army General Orders Number 51, dated 1971

19.  Army Regulation 670-1 (Uniforms and Insignia) governs the requirements for the overseas service bar.  It states a bar is authorized for wear for each period of active Federal service as a member of the U.S. Army outside the continental limits of the United States for the specific time frames and areas of operation cited in Army Regulation 670-1 or appropriate Department of the Army message.  There are special provisions regarding authorization for the overseas service bar for service in a hostile fire zone and for combining service to calculate award of the bars.  For Vietnam service, one overseas service bar was authorized for each period of 6 months of active Federal service as a member of a U.S. Service in Vietnam from 1 July 1958 to 28 March 1973.  Both the month of arrival and the month of departure from Vietnam were counted as whole months for credit toward the overseas service bar.  The overseas service bar is an item of uniform wear, not an award or decoration and is not entered on the DD Form 214.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant extended his tour of duty while in Vietnam.  Although the applicant has two orders, certificates, and citations for award of the Bronze Star Medal, it appears he was erroneously awarded a duplicate medal based upon his projected overseas return dates.  Therefore, he is not entitled to correction of his DD Form 214 to show award of the Bronze Star Medal (2nd Award).

2.  General orders awarded the applicant the Army Commendation Medal with "V" Device; therefore, he is entitled to correction of his DD Form 214 to show award of the "V" Device.

3.  He participated in three campaigns during his service in Vietnam that entitles him to three bronze service stars for wear on his already-awarded Vietnam Service Medal.  Therefore, his DD Form 214 should be corrected to show these service stars.

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

5.  Notwithstanding the Article 15 he received, he served honorably during the period 16 September 1968 through 22 April 1970.  He received all "excellent" conduct and efficiency ratings throughout his period of service with no evidence of a commander's disqualification.  Therefore, he should be awarded the Army Good Conduct Medal (1st Award) and his DD Form 214 should be corrected to show this award.

6.  Although the applicant originally qualified as Expert with the M-16, he later qualified as Sharpshooter on the M-16.  Therefore, he is entitled to correction of his DD Form 214 to show award of the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16).

7.  The applicant is entitled to two overseas service bars; however, overseas service bars are a uniform item and not entered on the DD Form 214.  Therefore, he is not entitled to the requested relief.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____X___  ____X___  ____X___  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined the evidence presented is 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:

	a.  awarding him the Army Good Conduct Medal (1st Award) for the period 16 September 1968 through 22 April 1970,

	b.  deleting the following awards from his DD Form 214 –

* Vietnam Service Medal
* Army Commendation Medal
* "Vietnam Campaign Medal"

	c.  adding the following awards to his DD Form 214:

* Army Good Conduct Medal (1st Award)
* Army Commendation Medal with "V" Device
* Vietnam Service Medal with three bronze service stars
* Republic of Vietnam Campaign Medal with Device (1960)
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation

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 award of the Bronze Star Medal (2nd Award), Expert Marksmanship Qualification Badge with Rifle Bar, and overseas service bars 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)                                         AR20140006989



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20140006989



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1