IN THE CASE OF:  	  

		BOARD DATE:  11 June 2015	  

		DOCKET NUMBER:  AR20140017946 


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 he was awarded the Bronze Star Medal with "V" Device.

2.  The applicant states the Bronze Star Medal with "V" Device was omitted from his DD Form 214.

3.  The applicant provides General Orders (GO) Number 780, issued by Headquarters, 1st Cavalry Division (Airmobile) on 14 January 1971.

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 24 April 1969.  He held military occupational specialty 11B (Light Weapons Infantryman) and attained the rank/grade of sergeant (SGT)/E-5.

3.  Special Orders (SO) Number 158, issued by Headquarters, U.S. Army Training Center, Infantry and Fort Lewis, Fort Lewis, WA on 7 June 1969, awarded him the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14).

4.  SO Number 205, issued by Headquarters, U.S. Army Training Center, Infantry and Fort Lewis, Fort Lewis, WA on 24 July 1969, awarded him the Marksman Marksmanship Qualification Badge with Rifle Bar (M-16).

5.  SO Number 217, issued by Headquarters, U.S. Army Training Center, Infantry and Fort Lewis, Fort Lewis, WA on 5 August 1969, awarded him the First Class Gunner Marksmanship Qualification Badge with Machine Gun Bar (M-60).

6.  SO Number 53, issued by Headquarters, 3rd Advanced Individual Training Brigade, U.S. Army Training Center, Infantry and Fort Lewis, Fort Lewis, WA on 9 March 1970, awarded him the Expert Marksmanship Qualification Badge with Pistol Bar (.45 Caliber).  

7.  His DA Form 20 (Enlisted Qualification Record) shows he served in Vietnam from 6 April 1970 to 4 March 1971.  During this period he was assigned to:

* Company C, 5th Battalion, 7th Cavalry Regiment, 1st Cavalry Division from 16 April 1970 to 23 May 1970
* Company A, 5th Battalion, 7th Cavalry Regiment, 1st Cavalry Division from 24 May 1970 to 1 March 1971

8.  GO Number 780, issued by Headquarters, 1st Cavalry Division (Airmobile), Vietnam on 14 January 1971, awarded him the Bronze Star Medal with "V" Device for the period 25 October 1970.

9.  GO Number 850, issued by Headquarters, 1st Cavalry Division (Airmobile), Vietnam on 14 January 1971, awarded him the Bronze Star Medal for meritorious service during the period April 1970 to January 1971.

10.  GO Number 2858, issued by Headquarters, 1st Cavalry Division (Airmobile), Vietnam on 12 February 1971, awarded him the Bronze Star Medal for achievement during the period 25 November 1970 to 25 January 1971.

11.  He was honorably released from active duty on 3 March 1971.  Item           24 (Decorations, Medals, Badges, Commendations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows he was awarded or authorized the:

* National Defense Service Medal
* Bronze Star Medal (2nd Oak Leaf Cluster) [3rd Award]
* Air Medal
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* Combat Infantryman Badge

12.  A review of his service records shows he had "excellent" conduct and efficiency ratings, no derogatory information in the form of time lost, nonjudicial punishment, suspension of favorable personnel actions, or a commander's disqualification that would have precluded him from being recommended for and awarded the first award of the Army Good Conduct Medal for the period 
24 April 1969 to 3 March 1971.

13.  Army Regulation 672-5-1 (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.

14.  Army Regulation 600-8-22 (Military Awards), paragraph 2-13 contains the regulatory guidance on the Vietnam Service Medal and 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 three campaigns:

* Vietnam Winter-Spring 1970 (1 November 1969 - 30 April 1970)
* DA Sanctuary Counteroffensive (1 May 1970 - 30 June 1970)
* Vietnam Counteroffensive, Phase VII (1 July 1970 - 30 June 1971)

15.  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 5th Battalion, 7th Cavalry Regiment was cited for award of the Valorous Unit Award for the period 1 May 1970 to 29 June 1970, by Department of the Army General Order (DAGO) Number 43, dated 1972, and for the Republic of Vietnam Gallantry Cross with Palm Unit Citation, for the period 21 February 1970 to 28 February 1971, by DAGO Number 42, dated 1972.
DISCUSSION AND CONCLUSIONS:

1.  GO awarded him the Bronze Star Medal with "V" Device.  His DD Form 214 shows he was awarded the Bronze Star Medal on three occasions, which is supported by the evidence of record.  However, his DD Form 214 does not reflect the addition of the "V" device for heroism.  Therefore, it would be appropriate to correct his DD Form 214 to show he was awarded the Bronze Star Medal (3rd Award with "V" Device). 

2.  He served honorably during the period 24 April 1969 to 3 March 1971.  There is no derogatory information in the form of nonjudicial punishment or suspension of favorable personnel actions that would disqualify him for the first award of the Army Good Conduct Medal.  Additionally, there are no entries in his record to indicate that his commander denied him this award and he received "excellent" conduct and efficiency ratings.  It appears he met the criteria for this award; therefore, he is entitled to award of the Army Good Conduct Medal (1st Award) and correction of his DD Form 214 to show this award.

3.  SO awarded him the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14), Marksman Marksmanship Qualification Badge with Rifle Bar (M-16), First Class Gunner Marksmanship Qualification Badge with Machine Gun Bar (M-60), and the Expert Marksmanship Qualification Badge with Pistol Bar (.45 Caliber).  Therefore, he is entitled to correction of his DD Form 214 to add these marksmanship badges.  

4.  The evidence of record shows he participated in three campaigns while serving in Vietnam; therefore, he is entitled to correction of his DD Form 214 to show three bronze service stars to be affixed to his previously-awarded Vietnam Service Medal.

5.  GO awarded his unit in Vietnam the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Valorous Unit Award; therefore, he is entitled to correction of his DD Form 214 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 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.  awarding him the Army Good Conduct Medal (1st Award) for the period  24 April 1969 to 3 March 1971; and

	b.  amending item 24 of his DD Form 214 by deleting the Bronze Star Medal (2nd Oak Leaf Cluster) and the Vietnam Service Medal, and adding the:

* Bronze Star Medal (3rd Award with "V" Device)
* Army Good Conduct Medal (1st Award)
* Vietnam Service Medal with three bronze service stars 
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-16)
* First Class Gunner Marksmanship Qualification Badge with Machine Gun Bar (M-60)
* Expert Marksmanship Qualification Badge with Pistol Bar (.45 Caliber)
* Republic of Vietnam Gallantry Cross with Palm Unit Citation 
* Valorous Unit Award




      ___________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)                                         AR20140017946



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ABCMR Record of Proceedings (cont)                                         AR20140017946



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