IN THE CASE OF:	  

		BOARD DATE:	  19 March 2015

		DOCKET NUMBER:  AR20140011540 


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 award of the Bronze Star Medal.
 
2.  The applicant states his Bronze Star Medal is not included on his DD Form 214 (Report of Transfer or Discharge).  He needs the correction in order for his son to receive a college tuition waiver.

3.  The applicant provides his DD Form 214 and Bronze Star Medal orders.

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 13 May 1968, completed training, and was awarded the military occupational specialty 67N (Helicopter Repairman).  
3.  The applicant served in Vietnam from 16 March 1970 through 19 February 1971.

4.  The applicant was promoted to specialist five (E-5) effective 15 December 1970. 

5.  101st Airborne Division (Airmobile) General Orders Number 115, dated 3 January 1971, awarded the applicant the Bronze Star Medal for meritorious service for the period 1 April 1970 to 31 December 1970.

6.  His DA Form 20 (Enlisted Qualification Record) shows the following:

* service in Vietnam with the 168th Transportation Company (also referred to as “Detachment”), 158th Aviation Battalion, 101st Airborne Division 
* service in Vietnam with Company B, 158th Aviation Battalion
* conduct and efficiency ratings of exclusively "excellent"
* award of the National Defense Service Medal, Vietnam Service Medal, Republic of Vietnam Campaign Medal with Device (1960), and the Expert Marksmanship Qualification Badge with Rifle Bar

7.  The applicant was honorably released from active duty on 19 February 1971.  His DD Form 214 lists his awards as the National Defense Service Medal, Vietnam Service Medal, Republic of Vietnam Campaign Medal with Device (1960), and the Expert Marksmanship Qualification Badge with Rifle Bar.

8.  The applicant's record contains no derogatory entries, disciplinary actions, nonjudicial punishment, or court-martials that would suggest he was considered not eligible for award of the Army Good Conduct Medal.

9.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in Vietnam.  This document shows that while the applicant was assigned to the 168th Transportation Detachment, 158th Aviation Battalion, 101st Airborne Division, it was cited for these awards:

* Presidential Unit Citation
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation  

10.  Army Regulation 600-8-22 (Military Awards) states that a bronze service star is authorized, based on qualifying service, for each designated campaign listed in Appendix B of the regulation and states that authorized service stars will be worn on the appropriate campaign or service medal.  The regulation also lists the designated campaign periods for which a bronze service star is authorized for wear on the Vietnam Service Medal.  Based on the applicant's dates of service in Vietnam he participated during the following three campaign periods:  

* Vietnam Winter–Spring 1970 (1 November 1969 - 30 April 1970) 
* DA Sanctuary Counteroffensive (1 May 1970 - 30 June 1970)
* Counteroffensive Phase VII (1 July 1970 - 30 June 1971)

11.  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, 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.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's award of the Bronze Star Medal was omitted from his DD Form 214.  It would be appropriate to correct this omission.

2.  In addition to the awards listed on the DD Form 214, the applicant is also authorized award of Presidential Unit Citation, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.  

3.  The applicant served in Vietnam during three campaign periods and is authorized to wear three bronze service stars on his Vietnam Service Medal.  It would be appropriate to correct the DD Form 214 to show these appurtenances.

4.  The applicant distinguished himself by his conduct, efficiency and fidelity as evidenced by his service in Vietnam, his conduct and efficiency ratings, his personal decorations, and his advancement to pay grade E–5.  The record contains no indication of any disqualifying incidents or recommendations.  It is appropriate to award the applicant the Army Good Conduct Medal for his period of service from 13 May 1968 through 19 February 1971.










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 all Department of the Army records of the individual concerned be corrected by:

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

	b.  awarding the applicant Good Conduct Medal for his period of service from 13 May 1968 through 19 February 1971; and 

	c.  showing, in addition to the awards shown on his DD Form 214, the applicant is also authorized these awards:

* Bronze Star Medal
* Army Good Conduct Medal
* Vietnam Service Medal with three bronze service stars
* Presidential Unit Citation
* 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)                                         AR20140011540



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ABCMR Record of Proceedings (cont)                                         AR20140011540



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