IN THE CASE OF:	  

		BOARD DATE:	  7 May 2015

		DOCKET NUMBER:  AR20140015758 


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 reflect award of the Bronze Star Medal (BSM) with "V" Device and any other awards to which he might be entitled.

2.  The applicant states:

* an administrative error was made upon his discharge in which the BSM was annotated on his DD Form 214 without reference to the "V" Device
* he was awarded the BSM with "V" Device and has the general orders reflecting this
* he was unaware of the error at the time, but it was recently pointed out to him that it ought to be corrected and he may also be eligible for other awards due to his Vietnam service

3.  The applicant provides:

* Headquarters, 1st Infantry Division, General Orders Number 1822, dated 10 February 1970
* BSM Certificate, dated 10 February 1970
* DD Form 214
* partial DA Form 20 (Enlisted Qualification Record)
* Department of Veterans Affairs Form 21-4138 (Statement in Support of Claim)
* Army Review Boards Agency letter, dated 12 August 2014

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 April 1969.

3.  His DA Form 20 shows he served in Vietnam from 28 August 1969 through 24 August 1970 where he was assigned to Company A, 1st Battalion, 18th Infantry Regiment, 1st Infantry Division; Troop B, 1st Squadron, 4th Cavalry Regiment, 1st Infantry Division; and Company C, 326th Engineer Battalion, 101st Airborne Division (Airmobile).  He participated in four campaigns.

4.  His records contain:

* Headquarters, 1st Infantry Division, General Orders Number 1822, dated 10 February 1970, awarding him the BSM with "V" Device for heroism not involving participation in aerial flight in connection with military operations against a hostile force in the Republic of Vietnam on 11 January 1970
* BSM Certificate, dated 10 February 1970, awarding him the BSM for heroism in ground combat in the Republic of Vietnam on 11 January 1970

5.  He was honorably released from active duty on 31 March 1971.  He completed 2 years of total active service.  His DD Form 214 shows he was awarded or authorized the:

* National Defense Service Medal
* Vietnam Service Medal with three bronze service stars
* Combat Infantryman Badge
* Army Commendation Medal
* BSM
* Expert Marksmanship Qualification Badge with Rifle Bar


* Air Medal with 1st Oak Leaf Cluster
* Republic of Vietnam Campaign Medal

6.  There is no evidence of a commander's disqualification that would have precluded the applicant from being recommended for or awarded the first award of the Army Good Conduct Medal.  His DA Form 20 shows he had all "excellent" conduct and efficiency ratings.

7.  Army Regulation 672-5-1 (Decorations and Awards), in effect at the time, prescribed Army policy, criteria, and administrative instructions concerning individual and unit military awards.  It 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 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.

8.  Army Regulation 600-8-22 (Military Awards) provides that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each credited campaign.

9.  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 326th Engineer Battalion, 101st Airborne Division, was awarded the:

* Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 20 July 1965 through 28 March 1973 by Department of Army General Orders Number 8, dated 1974
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 18 March 1968 through 2 May 1970 by Department of Army General Orders Number 48, dated 1971

DISCUSSION AND CONCLUSIONS:

1.  The applicant's records contain orders awarding him the BSM with "V" Device for heroism in connection with military operations against a hostile force in the Republic of Vietnam on 11 January 1970, the same date shown on his BSM Certificate.  It is reasonable to conclude that an error occurred in the transcription of this award onto his DD Form 214 in which the "V" Device was omitted.  Therefore, he is entitled to correction of his DD Form 214 to show award of the BSM with "V" Device.

2.  He served honorably during the period 1 April 1969 through 31 March 1971.  There is no evidence in his records of disciplinary actions or a commander's disqualification for award of the Army Good Conduct Medal.  Therefore, it would be appropriate to award him the Army Good Conduct Medal (1st Award) at this time and correct his DD Form 214 to show this award.

3.  He was awarded the Vietnam Service Medal with three bronze service stars but records reflect he participated in four campaigns.  Therefore, his DD Form 214 should be corrected to show four bronze service stars with his Vietnam Service Medal.

4.  General orders awarded one of the units to which the applicant was assigned in Vietnam the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.  Therefore, his DD Form 214 should be corrected to show these unit awards.

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 is 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:

* awarding him the Army Good Conduct Medal (1st Award) for the period 1 April 1969 through 31 March 1971
* deleting the following awards from his DD Form 214 –

* BSM
* Vietnam Service Medal with three bronze service stars

* adding the following awards to his DD Form 214 –

* BSM with "V" Device
* 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)                                         AR20140015758



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ABCMR Record of Proceedings (cont)                                         AR20140015758



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