IN THE CASE OF:	  

		BOARD DATE:	  12 March 2015

		DOCKET NUMBER:  AR20140012170 


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 the Bronze Star Medal be added to his DD Form 214 (Report of Transfer or Discharge).

2.  The applicant states the award orders had an error in his social security number.  They were supposed to be corrected but he never received the corrected copy and he doesn't know if they ever were really corrected.

3.  The applicant provides copies of his DD Form 214, a Bronze Star Medal Certificate and citation, and two photographs of a Bronze Star Medal presentation.

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 on 20 May 1969, completed training as a company clerk, was stationed briefly at Fort Knox, Kentucky and then was transferred to Vietnam.  

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

	a.  item 33 (Appointments and Reductions) – advancement to pay grade E-4 on 23 February 1970;

	b.  item 31 (Foreign Service) – Vietnam from 26 January 1970 to 
18 December 1970;

	c.  item 38 (Record of Assignments) – General Staff Company U.S. Army, Vietnam (USARV) from 30 January to 11 December 1970;

	d.  item 38 – exclusively excellent conduct and efficiency ratings; and 

	e.  item 41 (Awards and Decorations) – 

* National Defense Service Medal
* Vietnam Service Medal
* Republic of Vietnam (RVN) Campaign Medal with Device (1960)
* Marksman Marksmanship Qualification Badge with Rifle Bar

4.  On 10 December 1970, Headquarters, USARV, issued General Orders Number 5252 announcing award of the Bronze Star Medal to him for his meritorious service in Vietnam. 

5.  The applicant was honorably released from active duty on 18 December 1970 and transferred to the U.S. Army Reserve as a specialist four (pay grade E-4).  His DD Form 214 lists his authorized awards as the National Defense Service Medal, Vietnam Service Medal, and RVN Campaign Medal with Device (1960).

6.  The applicant appears to be eligible for other awards as follows.

	a.  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.  However, there was no right or entitlement to the medal until the immediate commander made a positive recommendation for its award and until the awarding authority announced the award in general orders.

	b.  Army Regulation 600-8-22 (Military Awards) states the Vietnam Service Medal is awarded to all members of the Armed Forces of the United States for qualifying service in Vietnam after 3 July 1965 through 28 March 1973.  Qualifying service included attachment to or assignment for 1 or more days with an organization participating in or directly supporting military operations.  A bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.  A bronze service star is awarded for service during each campaign period.  Qualifying campaign periods that coincide with the applicant's tour of duty are the – 

* 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

	c.  Department of the Army General Orders Number 8, dated 1974, announced   award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to Headquarters, U.S. Military Assistance Command and its subordinate units during the period 8 February 1962 to 28 March 1973 and to Headquarters, U.S. Army Vietnam and its subordinate units during the period 20 July 1965 to 28 March 1973.

DISCUSSION AND CONCLUSIONS:

1.  Orders show he was awarded the Bronze Star Medal.

2.  He distinguished himself by his excellent conduct and efficiency ratings, his advancement to pay grade E-4 in less than 1 year and the award of the Bronze Star Medal.  Experience has shown that during the Vietnam Era very few Soldiers who served less than three full years were considered for award of the Good Conduct Medal.  Notwithstanding the absence of a recommendation in the record, he should now be awarded the Army Good Conduct Medal.

3.  The applicant served in Vietnam during three designated campaign periods and is authorized three bronze service stars for wear with the Vietnam Service Medal.

4.  He is authorized the RVN Gallantry Cross with Palm Unit Citation.

5.  The applicant was authorized the Marksman Marksmanship Qualification Medal with Rifle Bar.
6.  The applicant's awards should all be displayed properly on his DD Form 214. 

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.  awarding him the Army Good Conduct Medal (1st Award) for the period 20 May 1969 to 18 December 1970; and

	b.  correcting his DD Form 214 by deleting the Vietnam Service Medal and adding the – 

* Bronze Star Medal
* Army Good Conduct Medal
* Vietnam Service Medal with three bronze service stars
* Republic of Vietnam Gallantry Cross with Palm Unit Citation 
* Marksman Marksmanship Qualification Badge with Rifle Bar




      __________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)                                         AR20140012170





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ABCMR Record of Proceedings (cont)                                         AR20140012170



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