BOARD DATE:	  19 March 2015

		DOCKET NUMBER:  AR20140013315 


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:

* Purple Heart
* Bronze Star Medal (BSM) – three awards
* Army Commendation Medal (ARCOM) with "V" Device
* Army Good Conduct Medal (AGCM)
* 1st Class Gunner Badge (now known as Sharpshooter Marksmanship Qualification Badge) with Machine Gun Bar

2.  The applicant states the awards were not added to his DD Form 214 upon his expiration of term of service.

3.  The applicant provides:

* orders for the 1st Class Gunner Badge with Machine Gun Bar, ARCOM with "V" Device, BSM with "V" Device, BSM with 1st Oak Leaf Cluster, and Purple Heart
* DA Form 1577 (Authorization for Issuance of Awards)
* certificate of training
* official statement of award of AGCM
* 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 and trained as a light weapons infantryman.

3.  Headquarters, U.S. Army Training Center, Armor (2018), Special Orders Number 47, dated 16 February 1968, awarded him the Expert Marksmanship Qualification Badge with Rifle Bar (M-14).

4.  Headquarters, U.S. Army Training Center, Infantry and Fort Polk, Special Orders Number 097, dated 17 April 1968, awarded him the Marksman Marksmanship Qualification Badge with Rifle Bar (M-16).

5.  Headquarters, U.S. Army Training Center, Infantry and Fort Polk, Special Orders Number 103, dated 24 April 1968, awarded him the 1st Class Gunner Badge with Machine Gun Bar.

6.  He arrived in Vietnam on 23 June 1968.  He was assigned to Company A, 2d Battalion (Mechanized), 22d Infantry Regiment, from 2 July 1968 to 16 July 1969.

7.  Headquarters, 25th Infantry Division, Special Orders Number 279, dated 5 October 1968, awarded him the Combat Infantryman Badge (CIB).

8.  Headquarters, 25th Infantry Division, General Orders Number 7789, dated 30 October 1968, awarded him the ARCOM with "V" Device for heroism in action in the Republic of Vietnam on 19 September 1968 in Vietnam.

9.  Headquarters, 25th Infantry Division, General Orders Number 3317, dated 15 March 1969, awarded him the BSM with "V" Device for heroism in action in the Republic of Vietnam on 14 January 1969.

10.  Headquarters, 25th Infantry Division, General Orders Number 3630, dated 21 March 1969, awarded him the Purple Heart for wounds received in action in the Republic of Vietnam on 19 March 1969.

11.  Headquarters, 25th Infantry Division, General Orders Number 6261, dated 30 April 1969, awarded him the BSM with 1st Oak Leaf Cluster for meritorious service in the Republic of Vietnam during the period June 1968 to June 1969.

12.  Records show he participated in five campaigns during his assignment in Vietnam.

13.  On 17 July 1969, he was honorably released from active duty in the temporary rank of sergeant after completing 1 year, 7 months, and 4 days of creditable active service with no lost time.

14.  His DD Form 214 shows he was awarded or authorized the:

* National Defense Service Medal
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)

15.  There are no orders for a third award of the BSM in the available records.

16.  There are no orders for the AGCM in the available records.  However, he provided an official statement of award of the AGCM furnished by the Department of the Army Office of the Adjutant General on 3 February 1975.

17.  There is no evidence of any disciplinary action or a commander's disqualification that would have precluded him from being awarded the AGCM.  Item 38 (Record of Assignments) of his DA Form 20 (Enlisted Qualification Record) shows he received all "excellent" conduct and efficiency ratings throughout his service.

18.  Army Regulation 600-8-22 (Military Awards) states the BSM is awarded in time of war for heroism and for meritorious achievement or service, not involving participation in aerial flight, in connection with military operations against an armed enemy, or while engaged in military operations involving conflict with an opposing armed force in which the United States is not a belligerent party.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

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

20.  Army Regulation 600-8-22 states a bronze service star is worn on the appropriate service ribbon for each credited campaign, including the Vietnam Service Medal.  A silver service star is authorized in lieu of five bronze service stars.

21.  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 2d Battalion, 22d Infantry, was awarded the:

* Republic of Vietnam Gallantry Cross with Palm Unit Citation during the period 1 August 1967 to August 1968 by Department of the Army General Orders (DAGO) Number 48, dated 1971
* Republic of Vietnam Gallantry Cross with Palm Unit Citation during the period 1 September 1968 to 30 September 1970 by DAGO Number 5, dated 1973
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 1 August 1967 to 21 January 1970 by DAGO Number 51, dated 1971

21.  Department of the Army Pamphlet 672-3, paragraph 6 (Miscellaneous Information), states not more than one award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation may be worn by any individual.  Although wear of multiple awards of this unit citation is not authorized, official military personnel and historical records will show all awards received.

DISCUSSION AND CONCLUSIONS:

1.  Orders show the applicant was awarded the Purple Heart, ARCOM with "V" Device, Expert Marksmanship Qualification Badge with Rifle Bar (M-14), Marksman Marksmanship Qualification Badge with Rifle Bar (M-16), Sharpshooter Marksmanship Qualification Badge with Machine Gun Bar, and CIB.  Therefore, his DD Form 214 should be corrected to show these awards.

2.  Although he contends he received three awards of the BSM, orders show he received two awards of the BSM – one was for valor.  Therefore, his DD Form 214 should be corrected to show the BSM (2nd Award) and with "V" Device.

3.  The official statement of award of the AGCM furnished on 3 February 1975 provided by the applicant was noted.  His records show he was released from active duty in the temporary rank of sergeant with 19 months of creditable active service with no lost time.  It appears he met the eligibility criteria for the first award of the AGCM for the period 14 December 1967 through 17 July 1969 based on completion of a period of qualifying service ending with the termination of a period of Federal military service.  Therefore, he should be awarded the Army Good Conduct Medal (1st Award) and his DD Form 214 should be corrected to show this award.

4.  He participated in five campaigns during his assignment in Vietnam which entitles him to the Vietnam Service Medal with one silver service star.  Therefore, his DD Form 214 should be corrected to show this silver service star.

5.  His Vietnam unit was awarded the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation during his period of assignment to that unit.  Therefore, his DD Form 214 should be corrected to show this unit award.

6.  General orders awarded his unit of assignment in Vietnam two awards of the Republic of Vietnam Gallantry Cross with Palm Unit Citation, during the period in which he was assigned.  Although he is entitled to wear only one of these unit awards, his DD Form 214 should be corrected to show both unit awards.

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 AGCM (1st Award) for the period 14 December 1967 through 17 July 1969 and

	b.  adding the following awards to his DD Form 214:

* Purple Heart
* BSM (2nd Award) and "V" Device
* ARCOM with "V" Device
* AGCM (1st Award)
* Republic of Vietnam Gallantry Cross with Palm Unit Citation (2nd Award)
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation
* CIB
* Expert Marksmanship Qualification Badge with Rifle Bar (M-14)
* Sharpshooter Marksmanship Qualification Badge with Machine Gun Bar
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-16)
* one silver service star with his already-awarded Vietnam Service Medal

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 adding a third award of the BSM.



      __________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)                                         AR20140013315



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ABCMR Record of Proceedings (cont)                                         AR20140013315



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