IN THE CASE OF:	   

		BOARD DATE:	  21 April 2015

		DOCKET NUMBER:  AR20140015413 


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 Combat Infantryman Badge (CIB), Bronze Star Medal (BSM), and Army Good Conduct Medal (AGCM).  

2.  The applicant states he earned the CIB, BSM, and AGCM according to his service record, but his DD Form 214 does not show them.  These awards were not entered on his DD Form 214 at out-processing. 

3.  The applicant provides:

* DD Form 214
* Special Orders Number 361 awarding him the CIB (First Award)
* General Orders Number 8575 awarding him the BSM
* DA Form 20 (Enlisted Qualification Record)

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 9 April 1969.  He completed basic combat and advanced individual training and was awarded military occupational specialty 11B (Light Weapons Infantryman).  

3.  His DA Form 20 shows in:

   a.  item 31 (Foreign Service) he served in the Republic of Vietnam (RVN) from 9 September 1969 to 1 November 1970.
   
   b.  item 38 (Record of Assignments) he received all "excellent" conduct and efficiency ratings during his service on active duty.
   
   c.  item 41 (Awards and Decorations) no entries indicating he was issued award of the CIB, BSM, or AGCM.

4.  He provided Headquarters, 101st Airborne Division (Airmobile), Special Orders Number 361, dated 27 December 1969, which show he was awarded the CIB (First Award).

5.  His DD Form 214 shows he was promoted to specialist four (SP4)/E-4 with a date of rank of 8 January 1970.  

6.  His service record contains Headquarters, 101st Airborne Division (Airmobile) General Orders Number 3363, dated 27 March 1970, which show he was awarded the Army Commendation Medal (ARCOM) for meritorious achievement from 1 October 1969 to 28 February 1970. 

7.  He provided Headquarters, 101st Airborne Division (Airmobile) General Orders Number 8575, dated 4 August 1970, which show he was awarded the BSM for meritorious service from 1 October 1969 to 31 July 1970.  These orders show he was assigned to Headquarters and Headquarters Company, 2nd Brigade, 101st Airborne Division (Airmobile) during his assignment in the RVN. 

8.  He was honorably released from active duty on 5 November 1970 in the rank of SP4.  He completed 1 year, 6 months, and 27 days of total active service with no lost time.  

9.  His DD Form 214 shows he was awarded or authorized the National Defense Service Medal, the Vietnam Service Medal (VSM), the RVN Campaign Medal with Device (1960), two Overseas Service Bars, and Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14).

10.  Department of the Army General Orders Number 8, dated 1974, announced   award of the RVN 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.

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 the unit to which the applicant was assigned was cited for award of the RVN Civil Actions Honor Medal First Class Unit Citation for the period 18 March 1968 to 2 May 1970 by Department of the Army General Order Number 48, dated 1971.

12.  Army Regulation 600-8-22 (Military Awards) states a bronze service star will be awarded for wear on the VSM for participation in each credited campaign.  Appendix B shows that during his service in Vietnam, he participated in the following four campaigns:

* Vietnam Summer - Fall 1969
* Vietnam Winter - Spring 1970
* Sanctuary Counteroffensive 
* Vietnam Counteroffensive Phase VII

13.  Army Regulation 672-5-1 (Awards), in effect at the time, stated the AGCM 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.

DISCUSSION AND CONCLUSIONS:

1.  Special orders show the applicant was awarded the CIB on 27 December 1969; therefore, this badge should be added to his DD Form 214.

2.  General orders show the applicant was awarded the BSM and the ARCOM. Therefore, his DD Form 214 should be amended to reflect these awards.
3.  He was promoted to SP4 and he received all "excellent" conduct and efficiency ratings throughout his service.  Therefore, he should be awarded the AGCM (1st Award) for the period 9 April 1969 through 5 November 1970 and his DD Form 214 should be corrected to show this award.

4.  His unit in Vietnam was cited for award of the RVN Civil Actions Honor Medal First Class Unit Citation during his period of assignment.  In addition, the RVN Gallantry Cross with Palm Unit Citation was awarded to all units that served in Vietnam.  Therefore, his DD Form 214 should be amended to show these unit awards.

5.  He participated in four campaigns during his service in Vietnam.  Therefore, he is authorized four bronze service stars for wear on his already-awarded VSM and correction of his DD Form 214 to show the appropriate service stars.

BOARD VOTE:

____X___  ___X____  ___X____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined 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 AGCM (1st Award) for the period 9 April 1969 through 5 November 1970;  

	b.  deleting the VSM from his DD Form 214; and 







	c.  adding to his DD Form 214 the CIB, BSM, ARCOM, AGCM (1st Award), RVN Civil Actions Honor Medal First Class Unit Citation, RVN Gallantry Cross with Palm Unit Citation, and VSM with four bronze service stars.



      _______ _   __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)                                         AR20140015413





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ABCMR Record of Proceedings (cont)                                         AR20140015413



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