IN THE CASE OF:  

		BOARD DATE:  11 June 2015	  

		DOCKET NUMBER:  AR20140018193 


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:

* he was a member in the 101st Airborne Division from Fort Campbell, KY, in 1972
* he thinks the reason the BSM was not included on his DD Form 214 was due to his discharge from the service on 1 February 1972 and the fact that the award was not presented until May 1972

3.  The applicant provides:

* DD Form 214
* letter from a Member of Congress, dated 10 October 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 enlisted in the Regular Army on 29 May 1969 for 3 years.  He arrived in Vietnam on 3 January 1970.  He served as an armor reconnaissance specialist assigned to Troop A, 1st Squadron, 1st Cavalry Regiment, from 15 January 1970 to 2 January 1971.

3.  Headquarters, Americal Division, General Orders Number 13163, dated 30 September 1970, awarded him the Army Commendation Medal (ARCOM).

4.  Headquarters, 23d Infantry Division, General Orders Number 16122, dated 13 December 1970, awarded him the ARCOM with 1st Oak Leaf Cluster.

5.  He participated in three campaigns during this tour of duty in Vietnam.

6.  He returned to Vietnam on 15 September 1971 and was assigned to the following units:

* Company D, 2d Battalion, 17th Cavalry Regiment, 101st Airborne Division, from 5 October 1971 to 20 November 1971
* Troop A, 2d Squadron, 17th Cavalry Regiment, 101st Airborne Division, from 1 November 1971 to 31 January 1972

7.  Headquarters, 101st Airborne Division (Airmobile), General Orders Number 1059, dated 4 February 1972, awarded him the BSM.

8.  He participated in two campaigns during this tour of duty in Vietnam.

9.  On 1 February 1972, he was honorably released from active duty in the rank of sergeant after completing 2 years, 8 months, and 3 days of creditable active service with no time lost.

10.  His DD Form 214 shows he was awarded or authorized the:

* National Defense Service Medal
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)
* Republic of Vietnam Campaign Medal with Device (1960)
* Vietnam Service Medal (VSM)


* Combat Infantryman Badge
* ARCOM

11.  Item 38 (Record of Assignments) of his DA Form 20 (Enlisted Qualification Record) shows he received all "excellent" conduct and efficiency ratings throughout his service.

12.  There is no evidence indicating he was awarded the Army Good Conduct Medal (AGCM).  There is no evidence of any disciplinary action or a commander's disqualification that would have precluded him from being awarded the AGCM.

13.  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.

14.  Army Regulation 600-8-22 (Military Awards) states a bronze service star is worn on the VSM for each credited campaign.  A silver service star is authorized in lieu of five bronze service stars.

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 the 1st Squadron, 1st Cavalry Regiment, was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 31 March to 30 June 1970 by Department of the Army General Orders Number 42, dated 1972.

DISCUSSION AND CONCLUSIONS:

1.  Orders show the applicant was awarded the BSM.  Therefore, his DD Form 214 should be corrected to show this medal.

2.  His DD Form 214 shows the ARCOM as an authorized award, but orders show he was awarded the ARCOM with 1st Oak Leaf Cluster.  Therefore, his DD Form 214 should be corrected to show a second award of the ARCOM.

3.  He was honorably released from active duty in the rank of sergeant with 32 months of total active service and no lost time.  He received all "excellent" conduct and efficiency ratings throughout his service and he had no record of any disciplinary action or a commander's disqualification which would have precluded him from being awarded the AGCM.  It appears he met the eligibility criteria for the first award of the AGCM for the period 29 May 1969 through 1 February 1972 based on completion of a period of qualifying service ending with the termination of a period of Federal military service.  Therefore, he should be awarded the AGCM (1st Award) and his DD Form 214 should be corrected to show this award.

4.  He participated in five campaigns during his assignments in Vietnam which authorizes him award of the VSM with one silver service star.  His DD Form 214 should be corrected to show this silver service star.

5.  His Vietnam unit (1st Squadron, 1st Cavalry Regiment) was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation during his period of assignment.  Therefore, his DD Form 214 should be corrected to show this unit award.

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:

	a.  awarding him the AGCM (1st Award) for the period 29 May 1969 through 1 February 1972;

	b.  deleting award of the VSM and ARCOM from his DD Form 214; and

	c.  adding the following awards to his DD Form 214:

* BSM
* ARCOM (2nd Award)
* AGCM (1st Award)
* VSM with one silver service star
* Republic of Vietnam Gallantry Cross with Palm 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)                                         AR20140018193



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ABCMR Record of Proceedings (cont)                                         AR20140018193



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