IN THE CASE OF:	  

		BOARD DATE:	  2 April 2015

		DOCKET NUMBER:  AR20140013504 


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 his highest grade held as specialist five (SP5/E-5) and award of the:

* Silver Star (SS)
* Bronze Star Medal (BSM) with Oak Leaf Cluster (OLC) - 2nd Award
* Brave Eagle Coin

2.  The applicant states, in effect, that these awards are missing from his DD Form 214 and he received a battle field promotion to SP5 during his tour of duty in the Republic of Vietnam (RVN).

3.  The applicant provides:

* General orders, dated 18 December 1969
* BSM Certificate, dated 18 August 1969
* BSM (OLC) Certificate, dated 20 October 1969
* Transmittal of Awards memorandum, dated 23 February 1970
* 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 5 June 1968 and he held military occupational specialty 11H (Infantry Direct Fire Crewman).  He served in the RVN from 6 November 1968 through 5 November 1969 while assigned to Company E, 1st Battalion, 501st Infantry.

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

	a.  Item 31 (Appointments and Reductions) the following promotions:

* private/E-1 with a date of rank (DOR) of 5 June 1968
* private (PV2)/E-2 with a DOR of 7 August 1968
* private first class (PFC)/E-3 with a DOR of 6 November 1968
* specialist four (SP4)/E-4 temporary with a DOR of 4 March 1969

	b.  item 38 he received "excellent" conduct and efficiency ratings for all periods;

	c.  item 41 (Awards and Decorations) no entry for award of the Army Good Conduct Medal.  There is no evidence in the available records showing he was awarded the Army Good Conduct Medal.  There is no recommendation for or official orders awarding him a second BSM.

4.  He was released from active duty on 4 June 1970.  His DD Form 214, issued at the time of his separation, verifies in Items 5a and b (Grade, Rate or Rank, and Pay Grade) he was a SP4/E-4.  Item 24 of his DD Form 214 shows he was awarded or authorized:

* National Defense Service Medal (NDSM)
* Vietnam Service Medal (VSM) with three bronze service stars
* RVN Campaign Medal with Device "1960"
* Air Medal (AM)
* Combat Infantryman Badge (CIB)
* Army Commendation Medal (ARCOM)
* BSM
5.  Headquarters, 101st Airborne Division (Airmobile), issued:

	a.  General Orders Number 10689, dated 18 August 1969, awarding him the BSM from meritorious service for the period 1 December 1968 to 31 July 1969; and

	b.  General Orders Number 14941, dated 18 December 1969, awarding him the SS for gallantry in action on 9 June 1969.

6.  There are no official orders in his service records that show he received a second award of the BSM.

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 orders awarding the applicant a second BSM.

8.  He provides a memorandum issued by Headquarters, 1st Battalion, (Airmobile), 501st Infantry, which indicates that he received a Brave Eagle Coin and Citation.  In addition, he provided the following award certificates for the:

* BSM for meritorious achievement in ground operations against hostile forces in the RVN during the period 1 December 1968 to 31 July 1969
* BSM (OLC) for heroism in ground combat on 18 May 1969

9.  A review of his records indicates his entitlement to additional awards which are not shown on his DD Form 214.

10.  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 service entirely during the period 7 December 1941 through 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-marital.

11.  Army Regulation 600-8-22 (Military Awards) provides the regulatory guidance for award of the VSM.  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:

* Vietnam Counteroffensive Phase VI (2 November 1968-22 February 1969)
* Tet 69 Counteroffensive 1969 (23 February-8 June 1969)
* Vietnam Summer-Fall 1969 (9 June-31 October 1969)
* Vietnam Winter-Spring (1 November 1969-30 April 1970)

12.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam.  The pamphlet shows the 1st Battalion, 501st Infantry, was awarded the:

* RVN Gallantry Cross with Palm Unit Citation for the period 15 August 1968-14 May 1969 by Department of the Army General Orders (DAGO) 43, dated 1970
* RVN Civil Actions Honor Medal First Class Unit Citation for the period
18 March 1968-2 May 1970 by DAGO 48, dated 1971

13.  Army Regulation 600-8-22 states:

	a.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

	b.  there is no provision to record commemorative coins on discharge documents.

14.  Army Regulation 600-200 (Enlisted Personnel Management System), then in effect, prescribed the policies and procedures for the promotion and reduction of enlisted Soldiers.  Promotions of enlisted personnel to grades E-4 through E-9, were required to be announced in orders.

DISCUSSION AND CONCLUSIONS:

1.  The applicant requests correction of his DD Form 214 to show his highest grade held as SP5/E-5 and to add the SS, BSM (OLC), and Brave Eagle Coin.

2.  General orders awarded him the SS; therefore, this award should be added to his DD Form 214.

3.  His unit in Vietnam was cited for award of the Valorous Unit Award, RVN Gallantry Cross with Palm Unit Citation, and RVN Civil Actions Honor Medal First Class Unit Citation during his period of assignment.  Therefore, his DD Form 214 should be corrected to show these unit awards.

4.  He participated in four campaigns and is authorized four bronze service star for each campaign; however, his VSM currently shows three bronze service stars.  His DD Form 214 should be corrected to show an additional bronze service star for wear on his previously-awarded VSM.

5.  His records are void of any derogatory information which would have disqualified him from receiving the first award of the Army Good Conduct Medal.  Therefore, he should be awarded the Army Good Conduct Medal (1st Award) and his records should be corrected to show this award.

6.  His records are void of any promotion orders or a recommendation for promotion, and he failed to provide any evidence which shows he was approved for promotion or was promoted to the rank/grade of SP5/E-5.  Therefore, absent evidence to the contrary, his DD Form 214 correctly shows his rank as SP4.

7.  It appears the Brave Eagle Coin is a commemorative coin which is not governed by provisions of Army Regulation 600-8-22 and, as a result, is not shown on a discharge document or in the Army inventory for issuance.

8.  His record is void of orders awarding him a second BSM and the award certificate he provided is insufficient evidence to add the BSM (OLC).  Further, there is no evidence of record that shows a higher authority recommended him for or awarded him a second BSM.  Therefore, this award should not be added to his DD Form 214 at this time.

9.  This action in no way diminishes the sacrifices made by him in service to our Nation.  The applicant and all Americans should be justifiably proud of his service in arms.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____X____  ___X_____  ____X____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION



BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was 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 
5 June 1968 through 4 June 1970;

b.  deleting the VSM with three bronze service stars; and

c.  adding the following to his DD Form 214 in:

* item 24–

* Army Good Conduct Medal (1st Award)
* Silver Star 
* VSM with four bronze service stars
* RVN Gallantry Cross with Palm Unit Citation
* RVN Civil Actions Honor Medal First Class Unit Citation

2.  The Board further determined that 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:

* SP5/E-5
* Bronze Star Medal (OLC)
* Brave Eagle Coin



      _____________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)                                         AR20140013504





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ABCMR Record of Proceedings (cont)                                         AR20140013504



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