IN THE CASE OF:  

		BOARD DATE:  30 April 2015	  

		DOCKET NUMBER:  AR20140012681 


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 Bronze Star Medal and the Army Commendation Medal (2nd Award).

2.  The applicant states he earned the above medals but they were not added to his DD Form 214.  He believes this resulted due to a clerical error that was made in the administration section.  

3.  The applicant provides his 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 1 November 1966.  He held military occupational specialty 05C (Radio Teletype Operator) and attained the rank/grade of specialist four/E-4.

3.  His DA Form 20 (Enlisted Qualification Record) shows he was assigned to Vietnam from 13 July 1967 to 12 July 1968 and served with Headquarters and Headquarters Troop, 1st Squadron, 4th Cavalry Regiment, 1st Infantry Division from 22 July 1967 to 9 July 1968.

4.  General Orders (GO) Number 325, issued by Headquarters, 1st Infantry Division, Vietnam on 15 January 1968, awarded him the Army Commendation Medal (1st Award).

5.  GO Number 4688, issued by Headquarters, 1st Infantry Division, Vietnam on 19 May 1968, awarded him the Army Commendation Medal (2nd Award).

6.  GO Number 5965, issued by Headquarters, 1st Infantry Division, Vietnam on 
26 June 1968, awarded him the Bronze Star Medal.

7.  He was honorably released from active duty on 31 October 1968.  His 
DD Form 214 shows he completed 2 years of net active service, of which 1 year was credited as foreign service.  Additionally, he was awarded or authorized the:

* National Defense Service Medal
* Army Commendation Medal 
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* Marksman Marksmanship Qualification Badge with Rifle Bar
* Two Overseas Service Bars

8.  A review of his service record shows he had "excellent" conduct and efficiency ratings, no derogatory information in the form of court-martial convictions, or a commander's disqualification that would have precluded him from being recommended for and awarded the initial award of the Army Good Conduct Medal for the period 1 November 1966 through 31 October 1968.

9.  Army Regulation 672-5-1 (Awards), in effect at the time, provided that the Army Good Conduct Medal was awarded to individuals who completed a qualified period of active duty enlisted service.  This period was 3 years except in those cases when the period for the first award ended with the termination of a period of Federal military service.  The enlisted person must have had all "excellent" conduct and efficiency ratings and no convictions by a court-martial.

10.  Army Regulation 600-8-22 (Military Awards), paragraph 2-13 contains the regulatory guidance on the Vietnam Service Medal and 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:

* Vietnam Counteroffensive, Phase III (1 June 1967 - 29 January 1968)
* TET Counteroffensive (30 January 1968 - 1 April 1968)
* Vietnam Counteroffensive, Phase IV (2 April 1968 - 30 June 1968)
* Vietnam Counteroffensive, Phase V (1 July 1968 - 1 November 1968)

11.  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, during his service in Vietnam with the 1st Battalion, 1st Squadron, 4th Cavalry Regiment, this unit was cited for award of the:

* Valorous Unit Award, for the period 31 January to 31 May 1968, by Department of the Army General Orders (DAGO) Number 31, dated 1969
* Republic of Vietnam Gallantry Cross with Palm Unit Citation, for the period 12 July 1965 to 16 October 1968, by DAGO Number 21, dated 1969

DISCUSSION AND CONCLUSIONS:

1.  GO awarded him the Army Commendation Medal (2nd Award) and the Bronze Star Medal.  These individual awards are not shown on his DD Form 214; therefore, he is entitled to correction of his DD Form 214 to show them.

2.  He served honorably during the period 1 November 1966 through 31 October 1968.  He received "excellent" conduct and efficiency ratings during this entire period; there is no derogatory information in the form of court-martial convictions that would have disqualified him from being awarded the initial award of the Army Good Conduct Medal.  Additionally, there are no entries in his record that indicate his commander sought to deny him this award.  It appears he met the criteria for this award; therefore, it would be appropriate to award him the Army Good Conduct Medal (1st Award) and to correct his DD Form 214 to show it.

3.  He participated in four campaigns while serving in Vietnam; therefore, he is entitled to correction of his DD Form 214 to show 4 bronze service stars affixed to his previously-awarded Vietnam Service Medal.

4.  GO awarded his units in Vietnam the Valorous Unit Award and the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  These unit awards are not shown on his DD Form 214; therefore, he is entitled to correction of his DD Form 214 to show them.  

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 
1 November 1966 through 31 October 1968; and

	b.  amending his DD Form 214 by deleting the Vietnam Service Medal and the Army Commendation Medal and adding the following awards:

* Bronze Star Medal
* Army Commendation Medal (2nd Award)
* Army Good Conduct Medal (1st Award)
* Vietnam Service Medal with four bronze service stars
* Valorous Unit Award 
* 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)                                         AR20140012681



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ABCMR Record of Proceedings (cont)                                         AR20140012681



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