IN THE CASE OF:  	  

		BOARD DATE:  3 March 2015	  

		DOCKET NUMBER:  AR20140011852 


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) with "V" Device.  

2.  The applicant states the BSM with "V" Device is missing from his DD Form 214.

3.  The applicant provides the orders and a certificate for award of the BSM.

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 the Regular Army on 14 September 1967.  He served in Vietnam from 13 October 1968 to 12 October 1969.
3.  His DA Form 20 (Enlisted Qualification Record) shows in:

a.  item 38 (Record of Assignments) that while in Vietnam he served with:

		(1)  Company C, 15th Transportation Battalion, 1st Cavalry Division (Airmobile) from 17 October 1968 to 15 May 1969;

		(2)  Headquarters and Headquarters Company, 227th Aviation Battalion, 1st Air Cavalry Division from 16 May to 31 May 1969; and 

		(3)  Company A, 227th Aviation Battalion, 1st Air Cavalry Division from      1 June to 11 October 1969.

	b.  item 38 that he received all "excellent" conduct and efficiency ratings throughout his service; and

	c.  item 41 (Awards and Decorations) does not show award of the BSM.

4.  General Orders Number 10566, issued by Headquarters, 1st Cavalry Division (Airmobile), dated 29 August 1969, awarded him the BSM with "V" Device.

5.  On 11 September 1970, he was released from active duty after completing 2 years, 11 months, and 28 days of net active service during this period.  His DD Form 214 shows he was awarded or authorized the:

* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* Air Medal
* Army Commendation Medal
* National Defense Service Medal
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* two Overseas Service Bars

6.  Army Regulation 600-8-22 (Military Awards) contains the regulatory guidance for 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.
Appendix B shows that during his service in Vietnam, participation credit was awarded for the following four campaigns:

* Counteroffensive, Phase V (1 June - 1 November 1968)
* Counteroffensive, Phase VI (2 November 1968 - 22 February 1969)
* Tet 69/Counteroffensive (23 February - 8 June 1969)
* Summer-Fall 1969 (9 June - 31 October 1969)

7.  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 Company C, 15th Transportation Battalion, 1st Cavalry Division (Airmobile), was cited for award of the following for action during the periods shown:

   a.  1 June 1968 to 30 November 1969, Meritorious Unit Commendation by Department of the Army General Orders (DAGO) Number 2, dated 1971; and
   
   b.  1 January 1969 to 1 February 1970, Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation by DAGO Number 42, dated 1972. 

8.  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.  

DISCUSSION AND CONCLUSIONS:

1.  General orders show the applicant was awarded the BSM with "V" Device.  Therefore, he is entitled to correction of his DD Form 214 to show this award.

2.  The available evidence confirms the applicant served in the Army from 
14 September 1967 to 11 September 1970.  His records show he received "excellent" conduct and efficiency ratings throughout his service.  There is no evidence of any derogatory information that would have disqualified him from award of the Army Good Conduct Medal.  Therefore, it would be appropriate to award him the Army Good Conduct Medal (1st Award) for the period 
14 September 1967 to 11 September 1970 and correct his DD Form 214 to show this medal.

3.  General orders awarded his unit the Meritorious Unit Commendation and Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.  Therefore, he is entitled to correction of his DD Form 214 to show these unit awards.

4.  Records show the applicant participated in four campaigns while serving in Vietnam.  Therefore, he is authorized to wear four bronze service stars on his already-awarded Vietnam Service Medal and correction of his DD Form 214 to show these service stars.

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.  awarding him the Army Good Conduct Medal (1st Award) for the period of service from 14 September 1967 to 11 September 1970;

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

	c.  adding the Bronze Star Medal with "V" Device, Army Good Conduct Medal (1st Award), Meritorious Unit Commendation, Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, and Vietnam Service Medal with four bronze service stars.



      ____________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)                                         AR20140011852



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ABCMR Record of Proceedings (cont)                                         AR20140011852



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