IN THE CASE OF:	  

		BOARD DATE:	  25 November 2014

		DOCKET NUMBER:  AR20140007063 


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) and completion of the Leader Preparation Course.

2.  The applicant states he was awarded the BSM for meritorious achievement in ground operations against a hostile force in the Republic of Vietnam.  He also successfully completed the Leader Preparation Course at Fort Ord, CA, on 15 June 1968, but the award and the course were not listed on his DD Form 214 at the time of his honorable discharge.

3.  The applicant provides a DD Form 214; BSM Certificate, Citation, and orders; and a certificate of completion for the Leader Preparation Course.

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 26 March 1968.

3.  Headquarters, U.S. Army Training Center, Infantry and Fort Ord, CA, Special Orders Number 139, dated 18 May 1968, directed his attachment to the Fourth Combat Support Training Brigade for approximately 14 days with a reporting date of 1 June 1968 for "LPC" (interpreted to mean Leader Preparation Course) training.

4.  Headquarters, Second Advanced Individual Training (AIT) Brigade, U.S. Army Training Center, Infantry and Fort Ord, CA, Special Orders Number 163, dated 11 August 1968, awarded him the Expert Marksmanship Qualification Badge with Machine Gun Bar.

5.  His DA Form 20 (Enlisted Qualification Record) shows he served in Vietnam from 4 September 1968 to on or about 24 August 1969.  It also shows he was assigned to Company E, 1st Battalion, 2nd Infantry, during his service in Vietnam.

6.  Headquarters, 1st Infantry Division, General Orders Number 9329, dated 24 August 1969, awarded him the Bronze Star Medal for meritorious service during the period September 1968 to September 1969.

7.  He was honorably released from active duty on 25 March 1970.  His DD Form 214 shows he was awarded or authorized the:

* National Defense Service Medal
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-14)
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-16)
* Vietnam Service Medal
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Campaign Medal with Device (1960)
* Combat Infantryman Badge
* Army Good Conduct Medal
* two overseas service bars 

8.  He provides a certificate of training/diploma showing he completed the Leader Preparation Course on 15 June 1968.  The certificate indicates that the Leader Preparation Course was an intensive 2-week program designed to prepare the selected basic training graduate to accept leadership responsibilities in AIT.
9.  Army Regulation 600-8-22 (Military Awards) states a bronze service star is authorized with the Vietnam Service Medal for each Vietnam campaign a member is credited with participating in.  Appendix B shows that during his service in Vietnam, participation credit was awarded for four campaigns.

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 that during his assignment to the 1st Battalion, 2nd Infantry, this unit was cited in general orders for the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period October 1965 to 7 April 1970.

11.  Army Regulation 635-5 (Separation Documents), in effect during the applicant's active duty service, prescribed the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It established standardized policy for the preparation of the DD Form 214.  It stated the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active service.  It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge.  The regulation in effect at the time provided that for item 25 (Education and Training Completed), enter service schools, including major courses which were successfully completed, and military sponsored courses completed in civilian schools and colleges during the period covered by the DD Form 214.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that his DD Form 214 should be corrected to show the Bronze Star Medal has been carefully considered.

2.  His records contain general orders that show he was awarded the Bronze Star Medal for meritorious service during the period September 1968 to September 1969.  Therefore, his DD Form 214 should be corrected to show the Bronze Star Medal.

3.  He was awarded the Vietnam Service Medal; however, he participated in four campaigns during his service in Vietnam.  Therefore, he is authorized four bronze service stars for wear on his Vietnam Service Medal and correction of his DD Form 214 to show these bronze service stars.

4.  Special orders show he was awarded the Expert Marksmanship Qualification Badge with MachineGun Bar.  This badge should be added to his DD Form 214.

5.  His unit of assignment in Vietnam was cited for the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.  This unit award should be added to his DD Form 214.

6.  A certificate of training/diploma confirms he completed the 2-week Leader Preparation Course on 15 June 1968.  Therefore, his DD Form 214 should be corrected to show this course.

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:

	a.  deleting the Vietnam Service Medal from his DD Form 214;

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

* Bronze Star Medal
* Vietnam Service Medal with four bronze service stars
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation
* Expert Marksmanship Qualification Badge with MachineGun Bar

	c.  adding the entry "Leader Preparation Course, 2 Weeks, 1968" to item 25 of 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)                                         AR20140007063



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ABCMR Record of Proceedings (cont)                                         AR20140007063



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