IN THE CASE OF:	   

		BOARD DATE:	  4 June 2015

		DOCKET NUMBER:  AR20140018008 


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 that his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to show his three awards of the Bronze Star Medal (BSM) with “V” Device and two oak leaf clusters (2OLC).

2.  The applicant states that he was awarded three awards of the BSM and desires them to be reflects on his DD Form 214.

3.  The applicant provides copies of his three awards of the BSM (BSM with ”V” Device and 2OLC).

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 on 23 May 1968.  He completed his basic training at Fort Dix, New Jersey and his advanced individual training as a light weapons infantryman at Fort Polk, Louisiana before being transferred to Vietnam on 
22 October 1968.

3.  He was assigned to Company A, 2nd Battalion, 501st Infantry Regiment and was advanced to the pay grade of E-4 on 12 April 1969.  He served in four campaigns and departed Vietnam on 16 October 1969 for assignment to Fort Polk.  He was promoted to the rank of sergeant on 16 February 1970.

4.  On 22 May 1970, he was honorably released from active duty (REFRAD) due to the expiration of his term of service (ETS).  He had served 2 years of active service and his DD Form 214 issued at the time of his REFRAD shows that he was awarded the National Defense Service Medal, Vietnam Service Medal, Combat Infantryman Badge, Army Commendation Medal, Air Medal, BSM, Meritorious Unit Commendation, Bronze Star Medal with “V” Device, Republic of Vietnam Campaign Medal with Device (1960), and his marksmanship badges. 

5.  The applicant has provided orders which show he was awarded the Bronze Star Medal with “V” Device and 2OLC. 

6.  A review of his records shows that the applicant had all "excellent" conduct and efficiency ratings throughout his service and is void of derogatory information that would serve to disqualify him for award of the Army Good Conduct Medal (AGCM).

7.  Army Regulation 600-8-22 (Military Awards), paragraph 2-13, contains the regulatory guidance on the Vietnam Service Medal.  It states a bronze service star is authorized with this award for each Vietnam campaign a member is credited with participating in.

8.  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 applicant’s unit was cited for awards of the Presidential Unit Citation (PUC), Republic of Vietnam Gallantry Cross with Palm Unit Citation, and Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation during the period he served with the unit.

9.  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 the 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.  The applicant was awarded the Bronze Star Medal with “V” Device and 2OLC, and he is entitled to have those awards reflected on his DD Form 214.

2.  The applicant served in four campaigns and is entitled to wear four bronze service stars on his already-awarded Vietnam Service Medal and have them added to his DD Form 214.

3.  Records show the applicant received all "excellent" conduct and efficiency ratings throughout his service.  His records do not contain any derogatory 
information or a commander's disqualification that would have precluded him from being recommended for or awarded the AGCM (1st Award).

4.  Additionally, the applicant’s unit was cited for awards of the PUC, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation during the period he served with the unit and he is entitled to have those awards added to his DD Form 214.

BOARD VOTE:

____x___  ____x___  ___x____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1. 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 AGCM (1st Award) for the period 23 May 1968 through 
   22 May 1970
* deleting the awards of the VSM, BSM, and BSM with “V” Device from his DD Form 214
* adding to his DD Form 214 the:

* AGCM (1st Award)
* Vietnam Service Medal with four bronze service stars
* Bronze Star Medal with “V” Device and 2OLC
* PUC
* Republic of Vietnam Gallantry Cross with Palm Unit Citation 
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation  

2.  The Board wants the applicant and all others to know the sacrifices he made in service to the United States during the Vietnam War are deeply appreciated.  
The applicant and all Americans should be justifiably proud of his service in arms.



      _______ _   _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)                                         AR20140018008





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ABCMR Record of Proceedings (cont)                                         AR20140018008



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