BOARD DATE:	 14 May 2015 

		DOCKET NUMBER:  AR20140017373 


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 two awards of the Bronze Star Medal. 

2.  The applicant states he was awarded two awards of the Bronze Star Medal, one with a "V" Device, but his DD Form 214 only listed one award. 

3.  The applicant provides:

* DD Form 214
* citation and certificate for award of the Bronze Star Medal (1st Oak Leaf Cluster) 
* General Orders (GO) Number 9086, dated 19 July 1969
* certificate for award of the Bronze Star Medal
* letters of commendation
* Honorable Discharge Certificate

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's records show he enlisted in the Regular Army on 29 November 1968 and he held military occupational specialty 11B (Light Weapons Infantryman). 

3.  Special Orders (SO) Number 37, issued by Headquarters, U.S. Army Training Center, Fort Dix, NJ, on 6 February 1969, awarded him the:

* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)
* Expert Marksmanship Qualification Badge with Grenade Bar
* Expert Marksmanship Qualification Badge with Rifle Bar (M-16)

4.  He served in Vietnam from 27 May 1969 to 18 April 1970.  He was assigned to Company B, 2nd Battalion, 502nd Infantry Regiment, 101st Airborne Division (Airmobile). 

5.  Headquarters, 101st Airborne Division (Airmobile), published the following GO: 

* GO Number 9086, on 19 July 1969, awarding him the Bronze Star Medal with "V" Device for heroism on 15 June 1969
* GO Number 4250, on 15 April 1970, awarding him the Bronze Star Medal (1st Oak Leaf Cluster) [2nd award] for meritorious service from June 1969 to March 1970

6.  He was honorably released from active duty in the rank/grade of sergeant (SGT)/E-5 on 31 August 1970.  His DD Form 214 shows he completed 1 year, 9 months, and 3 days of active service with no lost time.  His DD Form 214 also shows he was awarded or authorized the:

* National Defense Service Medal
* Combat Infantryman Badge
* Army Commendation Medal
* Air Medal
* Bronze Star Medal with "V" Device
* Vietnam Service Medal with two bronze service stars
* Vietnam Campaign Medal with 1960 Device

7.  A review of his service record shows no derogatory information that would disqualify him for the first award of the Army Good Conduct Medal.  Furthermore, item 38 (Record of Assignments) of his DA Form 20 shows he received "excellent" conduct and efficiency ratings throughout his military service.

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

9.  Appendix B of Army Regulation 600-8-22 (Military Awards) shows during his service in Vietnam, campaign participation credit was awarded for the below campaigns.  This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.  During his service in Vietnam, campaign participation credit was awarded for the:

* Tet 69/Counteroffensive, 23 February - 8 June 1969
* Vietnam Summer - Fall 1969, 9 June - 31 October 1969
* Vietnam Winter - Spring 1970, 1 November 1969 - 30 April 1970

10.  Department of the Army (DA) Pamphlet 672-3 (Unit Citations and Campaign Participation Credit) shows during his service in Vietnam with the 2nd Battalion, 502nd Infantry from 27 May 1969x to 18 April 1970, and this unit was cited for awards of the: 

* Republic of Vietnam Gallantry Cross with Palm Unit Citation for service from 19 July 1968 to 14 May 1969 by DAGO Number 48, dated 1971
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for service from 18 March 1968 to 2 May 1970 by DAGO Number 48, dated 1971

DISCUSSION AND CONCLUSIONS:

1.  GO awarded the applicant two awards of the Bronze Star Medal one of which with a "V" Device.  His DD Form 214 inadvertently omitted one of the two awards.  Therefore, he is entitled to correction of his DD Form 214 to show these awards. 

2.  SO awarded him the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14), Expert Marksmanship Qualification Badge with Grenade Bar, and Expert Marksmanship Qualification Badge with Rifle Bar (M-16).  Therefore, he is entitled to correction of his DD Form 214 to show these badges. 

3.  He was awarded the Vietnam Service Medal.  He also participated in three campaigns during his service in Vietnam.  Therefore, he is entitled to three bronze service stars for wear on his already-awarded Vietnam Service Medal and correction of his DD Form 214 to show these service stars.

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

5.  He served honorably from 29 November 1968 through 31 August 1970.  He served in Vietnam, attained the rank/grade of SGT/E-5, and received "excellent" efficiency and conduct ratings throughout his military service.  His records contain no derogatory information that would have disqualified him from receiving the first award of the Army Good Conduct Medal.  Therefore, it would be appropriate to award the applicant the Army Good Conduct Medal and correct his DD Form 214 to show this medal.

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:

* awarding him the Army Good Conduct Medal (1st Award) for exemplary behavior, efficiency, and fidelity during the period 29 November 1968 through 31 August 1970
* deleting from his DD Form 214 the Vietnam Service Medal with two bronze service stars and Bronze Star Medal with "V" Device
* 
adding to his DD Form 214 the:

* Army Good Conduct Medal (1st Award)
* Bronze Star Medal (2nd Award) with "V" Device
* Vietnam Service Medal with three bronze service stars 
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)
* Expert Marksmanship Qualification Badge with Grenade Bar
* Expert Marksmanship Qualification Badge with Rifle Bar (M-16)
* 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)                                         AR20140017373



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ABCMR Record of Proceedings (cont)                                         AR20140017373



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