IN THE CASE OF:	  

		BOARD DATE:	  30 June 2015

		DOCKET NUMBER:  AR20140019800


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.

2.  The applicant states he would appreciate the correction so he will have proper recognition of his service.  His DD Form 214 also incorrectly lists the Vietnam Service Medal with 2 bronze stars.

3.  The applicant provides page 1 of his Bronze Star Medal orders and citation.

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 26 May 1969.  He held military occupational specialty 11B (Light Weapons Infantryman).

3.  His DA Form 20 (Enlisted Qualification Record) shows in –

	a.  Item 38 (Record of Assignments) that during his service in Vietnam he was assigned to Company B, 2nd Battalion, 22nd Infantry, 25th Infantry Division, from 4 December 1969 through 4 November 1970.  Additionally, this item shows he received all "excellent" conduct and efficiency ratings throughout his service except for an "unknown" rating for the period 5-25 October 1969 while in a student training status.

	b.  Item 41 (Awards and Decorations) that he was awarded the –

* Vietnam Service Medal
* Purple Heart
* Combat Infantryman Badge
* Army Commendation Medal with "V" Device
* Army Commendation Medal (1st Oak Leaf Cluster (2nd Award))
* Republic of Vietnam Campaign Medal with Device (1960)

4.  He was honorably released from active duty on 25 May 1971 as a sergeant (SGT)/E-5.  He had completed 2 years of total active service.  His DD Form 214 lists his authorized awards as the –

* National Defense Service Medal
* Combat Infantryman Badge
* Purple Heart
* Republic of Vietnam Campaign Medal with Device (1960)
* Army Commendation Medal 1st Oak Leaf Cluster and with "V" Device
* Vietnam Service Medal with 2 bronze service stars
* Expert Marksmanship Qualification Badge with Rifle Bar
* Marksman Marksmanship Qualification Badge with Machinegun Bar

5.  A review of the Awards and Decorations Computer-Assisted Retrieval System, an index of general orders issued during the Vietnam era between 
1965 and 1973 maintained by the U.S. Army Human Resources Command Military Awards Branch, failed to reveal any other orders pertaining to the applicant other than the Bronze Star Medal orders. 

6.  Army Regulation 600-8-22 (Military Awards) states a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.  During his service in Vietnam, the applicant participated in the following three campaigns – 

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

7.  Army Regulation 672-5-1 (Awards), in effect at the time, stated the Army Good Conduct Medal was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940; for 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.  Ratings of “Unknown” for portions of the period under consideration were not disqualifying.  There must have been no convictions by a court-martial.

8.  Department of the Army Pamphlet 672-3 (unit Citations and Campaign Participation Credit Register) lists the awards received by units serving in the Republic of Vietnam.  This pamphlet shows the 2nd Battalion, 22nd Infantry was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 1 September 1968-30 September 1970 in Department of the Army General Orders (DAGO) Number 5, dated 1973, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 1 August 1967-31 January 1970 in DAGO Number 51, dated 1971.

DISCUSSION AND CONCLUSIONS:

1.  He provides orders showing he was awarded the Bronze Star Medal as verified by ADCARS

2.  The available evidence clearly shows he distinguished himself in the performance of his military service as evidenced by his promotion to SGT, receipt of personal decorations, and "excellent" conduct and efficiency ratings.  The "unknown" ratings were not disqualifying.  There is no evidence of a commander's disqualification for the first award of the Army Good Conduct Medal.  Therefore, he should be awarded the first award of the Army Good Conduct Medal for the period 26 May 1969 to 25 May 1971.

3.  He participated in three campaign periods during his service in Vietnam.  Therefore, he is authorized three bronze service stars for wear on his 
already-awarded Vietnam Service Medal. 
4.  During his service in Vietnam, his unit was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.

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.  deleting from his DD Form 214 the Vietnam Service Medal with 2 bronze service stars; and

	b.  awarding him the Army Good Conduct Medal (1st Award) for the period 
26 May 1969 through 25 May 1971

	c.  adding to his DD Form 214 the:

* Bronze Star Medal
* Army Good Conduct Medal (1st Award)
* Vietnam Service Medal with three bronze service stars
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal First Class 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)                                         AR20100025029



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20140019800



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1