IN THE CASE OF:  	  

		BOARD DATE:  3 March 2015	  

		DOCKET NUMBER:  AR20140010556 


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 (Report of Separation from Active Duty) for the period ending 3 December 1976 to show award of the Bronze Star Medal.

2.  He states his DD Form 214 does not fully reflect all of the awards he received.

3.  He provides his DD Form 214 for the period ending 3 December 1976 and general orders awarding him the Bronze Star Medal.

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 28 February 1969.

3.  His DA Form 2-1 (Personnel Qualification Record - Part II) shows in:

	a.  item 5 (Oversea Service), he served in the Republic of Vietnam from 3 October 1969 to 29 September 1970.and from 9 August 1971 to 7 August 1972

	b.  item 9 (Awards, Decorations and Campaigns), no entry for award of the Bronze Star Medal.

4.  His service record includes page 3 of his DA Form 20 (Enlisted Qualification Record) which shows he was assigned to the 48th Aviation Company from 10 October 1969 to 9 November 1970.

5.  His service record also includes Headquarters, 1st Aviation Brigade, General Orders Number 0235, dated 24 August 1970, awarded him the Army Commendation Medal for meritorious service from October 1969 to October 1970.

6.  He was honorably discharged on 22 December 1970 for immediate reenlistment.  The DD Form 214 he was issued at the time shows award of the National Defense Service Medal, Vietnam Service Medal, Republic of Vietnam Campaign Medal, and Air Medal.

7.  He reenlisted on 23 December 1970 and he completed an overseas assignment in Germany from 3 November 1970 to 2 July 1971.

8.  He provided a copy of Headquarters, 1st Aviation Brigade, General Orders Number 929, dated 23 March 1972, which show he was awarded the Bronze Star Medal for meritorious service during the period 6 August 1971 to 14 February 1972.  The orders indicate the spelling of his last name as Mcg___fin instead of Mcg___flin.

9.  He also completed overseas assignments in the Republic of Vietnam from 9 August 1971 to 7 August 1972 and in Okinawa from 4 August 1974 to 21 February 1976.  Page 3 of his DA Form 20 shows he was assigned to Headquarters and Headquarters Company, 11th Aviation Battalion (Combat), the 135th Assault Helicopter Company, and the 120th Aviation Company during his assignment in the Republic of Vietnam. 

10.  He was honorably discharged on 3 December 1976.  The DD Form 214 issued to him at that time shows he was awarded or authorized:

* National Defense Service Medal
* Army Good Conduct Medal (2nd Award)
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal
* four Overseas Service Bars 
* Air Medal
* Aircraft Crewman Badge

11.  He subsequently served in the Arkansas Army National Guard from 1 February to 1 October 1980 and in the U.S. Army Reserve from 2 October 1980 to 9 December 1983.

12.  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 unit to which the applicant was assigned was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 15 October 1965 to 11 January 1971 by Department of the Army General Order Number 6, dated 1974.

13.  Army Regulation 600-8-22 (Military Awards) provides guidance for award of the Vietnam Service Medal.  A bronze service star is authorized with this award for each Vietnam campaign a member is credited with participating in.  A silver service star will be worn in lieu of five bronze service stars.  Appendix B shows that during his service in Vietnam, participation credit was awarded for the following seven campaigns:

* Vietnam Summer - Fall 1969 (9 June - 31 October 1969)
* Vietnam Winter - Spring 1970 (1 November 1969 - 30 April 1970)
* Sanctuary Counteroffensive (1 May - 30 June 1970)
* Vietnam Counteroffensive Phase VII (1 July 1970 - 30 June 1971)
* Consolidation I (1 July - 30 November 1971)
* Consolidation II (1 December 1971 - 29 March 1972)
* Vietnam Ceasefire Campaign (30 March 1972 - 28 January 1973)

DISCUSSION AND CONCLUSIONS:

1.  General orders show the applicant was awarded the Bronze Star Medal for meritorious service during the period 6 August 1971 to 14 February 1972.  However, this decoration is not listed on his DD Form 214 for the period 3 December 1976.  Therefore, it would be appropriate to amend this DD Form 214 to reflect award of the Bronze Star Medal.

2.  General orders also show he was awarded the Army Commendation Medal for meritorious service from October 1969 to October 1970.  His last DD Form 214 does not reflect this award; therefore, it would be appropriate to amend his DD Form 214 for the period ending 3 December 1976 to show this award.

3.  His unit in Vietnam was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation during his period of assignment.  Therefore, his DD Form 214 for the period ending 3 December 1976 should be corrected to show this unit award.

4.  He participated in seven campaigns during his service in Vietnam.  Therefore, he is authorized one silver service star and two bronze service stars for wear on his already-awarded Vietnam Service Medal and correction of his DD Form 214 for the period ending 3 December 1976 to show the appropriate service stars.

BOARD VOTE:

____X___  ____X___  ____X___ GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant a recommendation for relief.  As a result, the Board recommends that the DD Form 214 for the period ending 3 December 1976 of the individual concerned be corrected by:

	a.  deleting award of the Vietnam Service Medal; and 

	b.  adding award of the Bronze Star Medal, the Army Commendation Medal, the Vietnam Service Medal with one silver service star and two bronze service stars, and the Republic of Vietnam Gallantry Cross with Palm 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)                                         AR20140010556





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ABCMR Record of Proceedings (cont)                                         AR20140010556



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