BOARD DATE:  19 February 2015

		DOCKET NUMBER:  AR20140011988


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 he was awarded the Vietnamese Gallantry Cross with Bronze Star and change his award of the Bronze Star Medal (1st Oak Leaf Cluster) to the Bronze Star with "V" Device.

2.  The applicant states he did not receive the orders for the Vietnamese Gallantry Cross with Bronze Star until after he was discharged.
 
3.  The applicant provides copies of his:

* Bronze Star Medal with "V" Device orders and certificate
* Bronze Star Medal (First Oak Leaf Cluster) certificate and citation
* letter authorizing acceptance of the Gallantry Cross Medal with Bronze Star awarded by the Republic of Vietnam with orders and translation
* DD Form 214

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 
14 December 1967.  He held military occupational specialty 11B (Light Weapons Infantryman).

3.  His DA Form 20 (Enlisted Qualification Record) shows in:

	a.  Item 29 (Qualification in Arms) he qualified for the Expert Marksmanship Qualification Badge with Machinegun Bar.

	b.  Item 31 (Foreign Service) he served in Vietnam from 5 November 1968 through 4 November 1969. 

	c.  Item 33 (Appointments and Reductions) the highest rank he achieved was sergeant (SGT)/E-5.

	d.  Item 38 (Record of Assignments) that during his service in Vietnam he was assigned to Company A, 1st Battalion, 502nd Infantry from 20 Novemeb 1968 through 29 October 1969.  Additionally, this item shows his conduct and efficiency ratings were “excellent.”

	e.  Item 41 (Awards and Decorations): 

* National Defense Service Medal
* Bronze Star Medal with "V" Device
* Meritorious Unit Commendation
* Army Commendation Medal
* Bronze Star Medal (1st Oak Leaf Cluster) (General Orders 162-48)
* Air Medal
* Purple Heart
* Republic of Vietnam Campaign Medal with Device (1960)
* Combat Infantryman Badge
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar

4.  He was honorably released from active duty on 5 November 1969 as a sergeant (SGT)/E-5.  He had completed 1 year, 10 months, and 22 days of creditable active duty service.  His DD Form 214 lists his authorized awards as the:

* National Defense Service Medal
* Purple Heart
* Army Commendation Medal 
* Bronze Star Medal (1st Oak Leaf Cluster)
* Air Medal
* Combat Infantryman Badge
* Vietnam Service Medal 
* Republic of Vietnam Campaign Medal with Device (1960)

5.  He provided copies of:

	a.  The general orders and certificate showing he was awarded the Bronze Star Medal with "V" Device" on 23 May 1969 for action on 1 April 1969.

	b.  A certificate and citation showing he was awarded the Bronze Star Medal (1st Oak Leaf Cluster) on 6 August 1969 for meritorious achievement during the period 1 December 1968 to 31 July 1969.

	c.  A Headquarters, U.S. Army Vietnam letter, dated 21 October 1969, showing he was authorized to accept and wear the Gallantry Cross with Bronze Star which had been presented to him by the Government of the Republic of Vietnam. The orders and an English translation were included.

7.  A review of the Awards and Decorations Computer-Assisted Retrieval System, an index of general orders issued during the Vietnam era between 
1965 and 1973 maintained by the U.S. Army Human Resources Command Military Awards Branch, failed to reveal any additional orders pertaining to the applicant. 

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 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.  There must have been no convictions by a court-martial.  

9.  Army Regulation 600-8-22 (Military Awards) states a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.  During his service in Vietnam, the applicant participated in the following three campaigns: 

* Counteroffensive Phase VI         2 November 1968 – 22 February 1969
* Tet 69/Counteroffensive           23 February – 8 June 1969
* Vietnam Summer - Fall 1969      9 June - 31 October 1969

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 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 August 1968-14 May 1969 by Department of the Army General Order (DAGO) Number 43, dated 1970, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 18 March 1968-2 May 1970 by DAGO Number 48, dated 1971.

DISCUSSION AND CONCLUSIONS:

1.  The applicant provided general orders showing he was awarded the Bronze Star Medal with "V" Device and a letter and orders showing he was authorized to accept and wear the Gallantry Cross with Bronze Star which had been presented to him by the Government of the Republic of Vietnam.  Additionally, he was awarded the Bronze Star Medal (1st Oak Leaf Cluster).

2.  The available evidence clearly shows he distinguished himself in the performance of his military service as evidenced by his receipt of personal awards, promotion to SGT, and "excellent" conduct and efficiency ratings.  There is no evidence of a commander's disqualification for the first award of the Army Good Conduct Medal.  It is presumed that his not receiving the first award of the Army Good Conduct Medal for his service was an oversight.  Therefore, he should be awarded the first award of the Army Good Conduct Medal.

3.  Records show he participated in three campaign periods during his service in Vietnam.  Therefore, he is authorized three bronze service stars for wear on his already-awarded Vietnam Service Medal.

4.  During his service in Vietnam, his unit was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.

5.  His records show he was awarded the Meritorious Unit Commendation, the Expert Marksmanship Qualification Badge with Machinegun Bar, and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar.

6.  His DD Form 214 should be corrected to show these awards.

7.  His records show he was awarded a Bronze Star Medal with "V" Device and the Bronze Star Medal (1st Oak Leaf Cluster).  Both these awards should be listed on his DD Form 214.

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 
14 December 1967 to 5 November 1969; and

	b.  amending his DD Form 214 to delete the Vietnam Service Medal and add the following awards:

* Bronze Star Medal with "V" Device (1st Oak Leaf Cluster)
* Army Good Conduct Medal (1st Award)
* Vietnam Service Medal with three bronze service stars 
* Meritorious Unit Commendation
* Expert Marksmanship Qualification Badge with Machinegun Bar
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar
* Republic of Vietnam Gallantry Cross with Palm Unit Citation 
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation
* Gallantry Cross with Bronze Star



2.  The Board further determined 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 correcting his DD Form 214 to show he was awarded the Bronze Star Medal with "V" Device and deleting the Bronze Star Medal (1st Oak Leaf Cluster).


      ___________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)                                         AR20100025029



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ABCMR Record of Proceedings (cont)                                         AR20140011988



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