IN THE CASE OF: 

		BOARD DATE: 2 June 2015

		DOCKET NUMBER:  AR20140018190


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 award of the Bronze Star Medal (BSM).

2.  The applicant states the BSM was not shown on his DD Form 214.

3.  The applicant provides copies of:

* BSM Certificate, dated 7 November 1970
* A letter from the National Personnel Records Center, dated 17 March 2011

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 available evidence shows:

	a.  On 18 June 1969, the applicant was inducted into the Army of the United States.  He completed his initial training as an air frame repairman.

	b.  On or about 17 December 1969, the applicant departed the United States for duty in the Republic of Vietnam (RVN).  On 30 January 1969, he was assigned to the 332nd Transportation Corps Detachment, 101st Airborne Division.

	c.  General Orders Number 13457, 101st Airborne Division, dated 
7 November 1970, announced the applicant's award of the BSM for meritorious service in connection with ground operations against a hostile force during the period 1 February to 31 October 1970.

	d.  On 18 December 1970, the applicant departed the RVN and returned to the United States.

3.  On 23 December 1970, the applicant was released from active duty.  His 
DD Form 214 shows he completed 1 year, 6 months, and 6 days of creditable active duty service.  He attained the rank of private first class, pay grade E-3.  His awards are listed as:
	
* National Defense Service Medal
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-14)
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16)
* Vietnam Service Medal
* Vietnam Campaign Medal

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

5.  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 332nd Transportation Corps Detachment, during the time of the applicant's assignment, was cited in Department of the Army General Orders (DAGO) Number 48, dated in 1971 for award of the Valorous Unit Award and the RVN Civil Actions Honor Medal First Class Unit Citation; and in DAGO Number 24, dated in 1972 for award of the RVN Gallantry Cross with Palm Unit Citation.
6.  Army Regulation 600-8-22 (Military Awards) states in Appendix B, that based on the applicant's dates of service in the RVN, he participated in the following three campaign periods:  the Vietnam Winter-Spring, the DA Sanctuary Counteroffensive, and the Vietnam Counteroffensive, phase VII.  This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.

7.  Army Regulation 672-5-1 (Awards), as in effect at the time, provided that the AGCM was awarded to enlisted Soldiers who had completed a qualifying 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 with no less than 1 year of active duty service.  The enlisted person must have had all "excellent" conduct and efficiency ratings and no convictions by a court-martial.

DISCUSSION AND CONCLUSIONS:

1.  General orders show the applicant was awarded the BSM for meritorious service.  Therefore, this medal should be shown on his DD Form 214.

2.  General orders show the applicant's unit was awarded the Valorous Unit Award.  Therefore, this unit award should be shown on his DD Form 214.

3.  General orders show the applicant's unit was awarded the RVN Gallantry Cross with Palm Unit Citation and the RVN Civil Actions Honor Medal First Class Unit Citation during his period of assignment.  Therefore, these foreign unit awards should be shown on his DD Form 214.

4.  The applicant’s records clearly show that he distinguished himself in the performance of his military service as evidenced by receiving a personal decoration for meritorious service and achieving all "excellent" conduct and efficiency ratings.  Furthermore, he served on active duty for more than a year.  Therefore, it is presumed that the AGCM is not listed on his DD Form 214 due to an administrative oversight.  Accordingly, he should be awarded the AGCM (First Award for the period 18 June 1969 to 23 December 1970 and his DD Form 214 should be corrected to show this award.

5.  Records show the applicant participated in three campaign periods during his service in the RVN.  Therefore, he is authorized to wear three bronze service stars on his already-awarded Vietnam Service 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:

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

	b.  awarding him the Army Good Conduct Medal for the period 18 June 1969 to 23 December 1970; and

	c.  adding to his DD Form 214 the:

* Bronze Star Medal
* Valorous Unit Award
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation
* Army Good Conduct Medal
* Vietnam Service Medal with three bronze service stars



      _______ _   _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)                                         AR20140000079



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20140018190



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1