IN THE CASE OF:	

		BOARD DATE:	  18 June 2015

		DOCKET NUMBER:  AR20140019427


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, in effect, correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) by showing:

* The correct spelling of his first name
* The rank of staff sergeant (SSG), pay grade E-6 with date of rank of 9 July 1969
* The Bronze Star Medal
* The Air Medal
* The Republic of Vietnam (RVN) Campaign Medal
* The Combat Infantryman Badge
* The Pathfinder Badge

2.  The applicant states he earned these medals and badges.  He does not want to have any questions about his right to wear these decorations and badges.

3.  The applicant provides copies of:

* DD Form 47 (Record of Induction), dated 19 December 1966
* Acknowledgement of Service Obligation, dated 15 December 1967
* Special Orders Number 126, 101st Airborne Division, dated 6 May 1969
* General Orders Number 9452, 101st Airborne Division, dated 23 July 1969
* Special Orders Number 213, 101st Airborne Division, dated 1 August 1969
* Special Orders Number 225, U.S. Army Vietnam, dated 13 August 1969
* General Orders Number 13395, 101st Airborne Division, dated 30 October 1969
* DA Form 137 (Installation Clearance Record) dated 4 December 1969
* Special Orders Number 342, U.S. Army Personnel Center, dated               8 December 1969
* DD Form 214
* Letter Orders Number 11-1308796,U.S. Army Reserve Components Personnel and Administration Center, dated 21 November 1973
* DA Form 20 (Enlisted Qualification Record)
* Certificate of Birth, Bedford, Indiana, issued 27 March 2009
* Department of Veterans Affairs (VA) Form 21-4138 (Statement in Support of Claim)

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.  On 15 December 1967, the applicant was inducted into the Army of the United States.  His Acknowledgement of Service Obligation shows his first name spelled as Laurence.  He completed his training as a light weapons infantryman with parachutist qualification.

3.  On 6 December 1968, the applicant departed Fort Polk, Louisiana, for duty in the RVN.  On 22 January 1969, he was assigned to Headquarters and Headquarters Company (HHC), 160th Aviation Group, 101st Airborne Division.

	a.  Special Orders Number 126, dated 6 May 1969, announced the applicant's award of the Combat Infantryman Badge.  His first name was spelled Laurence.

	b.  General Orders Number 9452, dated 23 July 1969 announced the applicant's award of the Bronze Star Medal for meritorious service during the period 1 November 1968 to 30 June 1969.  His first name was spelled Lawrence.
	c.  Special Orders Number 213, dated 1 August 1969, announced the applicant's promotion to SSG, pay grade E-6, effective 9 July 1969.  His first name was spelled Lawrence.

	d.  Special Orders Number 225, dated 13 August 1969, announced the applicant's permanent award of the Pathfinder Badge, effective 18 June 1969.  His first name was spelled Lawrence.

	e.  General Orders Number 13395, dated 30 October 1969, announced the applicant's award of the Air Medal for meritorious achievement on 10 August 1969.  His first name was spelled Laurence.

4.  On or about 7 December 1969, the applicant departed the RVN and returned to Fort Lewis, Washington.

5.  On 8 December 1969, the applicant was released from active duty.  His DD Form 214 shows:

	a.  in block 1 (Name):  his first name spelled Laurence;

	b.  in block 5a (Grade, Rate, or Rank): sergeant;

	c.  in block 5b (Pay Grade): E-5;

	d.  in block 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized):

* National Defense Service Medal
* Vietnam Service Medal
* Parachutist Badge
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar

6.  The certificate of birth, as provided by the applicant, shows his first name spelled Lawrence.

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



8.  Army Regulation 600-8-22 (Military Awards):

	a.  The RVN Campaign Medal with Device (1960) was awarded by the Government of Vietnam to all members of the Armed Forces of the United States for qualifying service in the RVN during the period 1 March 1961 through 28 March 1973.  Qualifying service included assignment in the RVN for 6 months or more.

	b.  Appendix B of Army Regulation 600-8-22 shows that based on the applicant's dates of service in the RVN, he participated in the following four campaign periods: the Vietnam Counteroffensive, Phase IV; the Vietnam Counteroffensive, Phase V; the Vietnam Counteroffensive,  Phase VI; the Tet 69 Counteroffensive; the Vietnam Summer-Fall 1969; and the Vietnam Winter-Spring 1970.  This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.

9.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in the RVN.  This publication shows that HHC, 160th Aviation Group, during the time of the applicant's assignment, was cited in Department of the Army General Orders (DAGO) Number 43,dated in 1970 for award of the RVN Gallantry Cross with Palm Unit Citation; and in DAGO Number 48, dated in 1971, for award of the RVN Civil Actions Honor Medal First Class Unit Citation.

10.  Army Regulation 672-5-1 (Awards), in effect at the time, provided that the Army Good Conduct Medal was awarded to enlisted Soldiers who had completed a qualified 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.  The enlisted person must have had all "excellent" conduct and efficiency ratings and no convictions by a court-martial.  Ratings of "unknown" for portions of the period under consideration are not disqualifying.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 should be corrected by showing:

* The correct spelling of his first name
* The rank of SSG, pay grade E-6 with date of rank of 9 July 1969
* The Bronze Star Medal
* The Air Medal
* The RVN Campaign Medal
* The Combat Infantryman Badge
* The Pathfinder Badge

2.  The available evidence shows that the applicant's first name was spelled in two different ways throughout his period of service.  However, it appears that the spelling shown on his birth certificate was the form used most and is what the applicant contends is correct.  Therefore, it would be appropriate to correct his DD Form 214 to show his first name as indicated on his birth certificate.

3.  Special orders, dated 1 August 1969, announced the applicant's promotion to SSG, pay grade E-6, effective 9 July 1969.  There is no evidence indicating that he was ever reduced or otherwise not entitled to this promotion.  Therefore, his DD Form 214 should be corrected to show this rank and pay grade.

4.  General orders announced the applicant's award of the Bronze Star Medal and the Air Medal.  Therefore, these medals should be shown on his DD Form 214.

5.  Special orders announced the applicant's award of the Combat Infantryman Badge and the Pathfinder Badge.  Therefore, these two badges should be shown on his DD Form 214.

6.  The applicant’s records clearly show that he distinguished himself in the performance of his military service as evidenced by his attaining the rank of SSG, receiving multiple awards for meritorious achievement and service, and achieving "excellent" conduct and efficiency ratings.  Therefore, it is presumed that his not receiving an Army Good Conduct Medal (1st Award) for his service was an oversight.  Accordingly, he should be awarded this medal.

7.  Records show that the applicant participated in four campaign periods during his service in the RVN.  Therefore, he is eligible for award of four bronze service stars to be affixed to his already-awarded Vietnam Service Medal.

8.  Records show that the applicant served during a qualifying period for award of the RVN Campaign Medal with Device (1960).  Therefore, his records should be corrected to show this foreign award.

9.  Records show that the applicant's unit was cited in general orders for award of the RVN Gallantry Cross with Palm Unit Citation and the RVN Civil Actions Honor Medal First Class Unit Citation.  Therefore, his records should be corrected to show these foreign 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.  showing on his DD Form 214 his first name spelled as indicated on his birth certificate;

	b.  showing on his DD Form 214 his rank as SSG, his pay grade as E-6, and his date of rank as 9 July 1969;

	c.  awarding him the Army Good Conduct Medal (1st Award) for the period 15 December 1967 to 8 December 1969;

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

	e.  showing, in addition to the awards already shown on his DD Form 214, that his awards include:

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


* Republic of Vietnam Campaign Medal with 1960 Device
* Combat Infantryman Badge
* Pathfinder Badge




      ___________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)                                         AR20140019427



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20140019427



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1