BOARD DATE:	  26 May 2015

		DOCKET NUMBER:  AR20140015720 


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 award of the Bronze Star Medal (BSM) for service in the Republic of Vietnam (RVN).  He further requests correction of his name on the award certificate.

2.  The applicant states he received orders and BSM Certificate, but the BSM was not entered on his DD form 214 and his name is wrong on the certificate.

3.  The applicant provides:

* DD Form 214 
* General Orders Number 14539, 101st Airborne Division (Airmobile), dated 6 December 1969
* BSM Certificate, dated 6 December 1969 (first name entered incorrectly)
* BSM Citation (first name entered incorrectly)

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.  On 8 May 1968, the applicant was inducted into the Army of the United States.  He completed his initial training as an airframe repairman.

3.  On 24 October 1968, the applicant departed Fort Eustis, VA, for duty in the RVN.

	a.  He was assigned for duty as an airframe repairman on 24 November 1968 with the 101st Airborne Division Artillery. 

	b.  He was assigned for duty as an airframe repairman on 20 December 1968 with the 650th Transportation Detachment, 101st Airborne Division.

	c.  General Orders Number 14539, 101st Airborne Division (Airmobile), dated 6 December 1969, announced the applicant's award of the BSM for meritorious service.

	d.  On 6 December 1969, he departed the RVN.

4.  On 9 December 1969, the applicant was released from active duty.  He had attained the rank of specialist four/pay grade E-4 and had completed 1 year, 
7 months and 2 days of creditable active duty service.  His DD Form 214 lists his awards as:

* National Defense Service Medal
* Army Commendation Medal
* Expert Marksmanship Qualification Badge with Rifle Bar (M-14)
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16)
* Vietnam Service Medal
* RVN Campaign Medal with Device (1960)

5.  Item 38 (Record of Assignments) of the applicant's DA Form 20 (Enlisted Qualification Record) shows that his conduct and efficiency ratings were "excellent."  The applicant’s records do not contain any evidence of disciplinary action taken against him.  There is no evidence to show that the commander took any action to deny him the Army Good Conduct Medal.

6.  Appendix B of Army Regulation 600-8-22 shows that, based on the applicant's dates of service in the Republic of Vietnam, he participated in four campaigns. This same regulation states a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each credited campaign.

7.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in the Republic of Vietnam.  This publication shows that the 101st Airborne Division Artillery and the 650th Transportation Detachment, during the time of the applicant's assignment, were cited in Department of the Army General Orders (DAGO) Number 43, dated 1970, for award of the RVN Gallantry Cross with Palm Unit Citation and in DAGO Number 48, dated 1971, for award of the RVN Civil Actions Honor Medal First Class Unit Citation.

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

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 should be corrected to show his award of the BSM for service in the RVN.  He further requests correction of his name on the award certificate.

2.  General orders announced the applicant's award of the BSM.  Therefore, this medal should be shown on his DD Form 214.

3.  A review of the certificate for the BSM revealed that his first name was incorrectly entered.  Therefore, it would be appropriate to issue him a new certificate for award of the BSM using his name as shown on the general orders announcing the award.

4.  A review of the BSM award citation revealed the applicant's name was also entered incorrectly on this document.  Even though he did not request correction of this document, he should know that, because the form used at the time is no longer available, any such request for correction cannot be accomplished.

5.  The applicant’s records clearly show that he distinguished himself in the performance of his military service as evidenced by attaining the rank of specialist four, receiving multiple personal decorations, and achieving "excellent" conduct and efficiency ratings.  Therefore, it is presumed that his not receiving an Army Good Conduct Medal for his service was an oversight.  Accordingly, he should be awarded this medal.

6.  Records show that the applicant participated in four campaigns during his service in the RVN.  Therefore, he is eligible for award of four bronze service stars to be affixed to his already-awarded Vietnam Service Medal.

7.  Records show that the applicant's units were cited in general orders for award of the RVN Gallantry Cross with Palm Unit Citation and the RVN Civil Actions Honor Medal First Class Unit Citation.  Therefore, his records should be corrected to show these foreign unit awards.

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.  issuing a new BSM Certificate showing his name as indicated on the corresponding general order;

	b.  awarding him the Army Good Conduct Medal (1st Award) for the period 8 May 1968 to 9 December 1969; 

	c.  deleting from his DD Form 214 the Vietnam Service Medal; and








	d.  adding to his DD Form 214 the:

* Bronze Star Medal
* Army Good Conduct Medal (1st Award)
* Vietnam Service Medal with four bronze service stars
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal First Class 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)                                         AR20140015720





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ABCMR Record of Proceedings (cont)                                         AR20140015720



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