BOARD DATE:	  3 September 2015

		DOCKET NUMBER:  AR20140021554 


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 (Report of Separation from Active Duty) for the period ending 15 April 1974 to show:

* Bronze Star Medal
* Army Commendation Medal with "V" Device (2nd Award)
* any additional awards and decorations to which he is entitled

2.  He states that his DD Form 214 does not reflect all of the medals he earned while in the military.

3.  He provides:

* DD Form 214
* two certificates
* two orders

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's record shows he enlisted in the Regular Army on 23 June 1970 and completed training for military occupational specialty 31B (Field Radio Repairman).  On 15 April 1971, he was honorably discharged for the purpose of immediate reenlistment.  He reenlisted on 16 April 1971 and the highest rank/pay grade he attained while serving on active duty was specialist four/E-4.

3.  His DA Form 20 (Enlisted Qualification Record) contains the following pertinent information:

	a.  item 31 (Foreign Service) shows he served a tour of duty in the Republic of Vietnam (RVN) from 18 June 1971 through 26 April 1972.

	b.  item 38 (Record of Assignments) shows that during his tour of duty in the RBN he served as a Field Radio Repairman in:

		(1)  Company L, 75th Infantry Battalion (Ranger), 101st Airborne Division during the period 23 July to 28 November 1971;

		(2)  Troop D, 3rd Squadron, 5th Cavalry Regiment (Airmobile) during the period 29 November 1971 to 7 February 1972; and

		(3)  Company H, 75th Infantry Battalion (Ranger), 3rd Brigade, 1st Cavalry Division (Airmobile) during the period 10 February to 25 April 1972.

	c.  item 38 also shows he received all conduct and efficiency ratings of "excellent" for each of his duty assignments.  His record does not contain any derogatory information.

	d.  item 41 (Awards and Decorations) shows, in part, that Special Orders awarded him the Sharpshooter Marksmanship Qualification Badge with Grenade Bar.

4.  Headquarters, 101st Airborne Division (Airmobile), General Orders Number 1077, dated 4 February 1972, awarded him the Bronze Star Medal for meritorious service in connection with ground operations against a hostile force in the Republic of Vietnam from June 1971 to February 1972.  He provides the certificate he was presented with this award.

5.  Headquarters, 3d Brigade (Separate), 1st Cavalry Division (Airmobile), General Orders Number 879, dated 21 March 1972, awarded him the Army Commendation Medal with "V" Device for heroism in connection with ground operations against a hostile force in the RVN on 5 March 1972.  He provides the certificate he was presented with this award.

6.  Headquarters, 3d Brigade (Separate), 1st Cavalry Division (Airmobile), General Orders Number 1210, dated 12 April 1972, awarded him the Army Commendation Medal with "V" Device for heroism in connection with ground operations against a hostile force in the RVN on 1 April 1972.

7.  On 15 April 1974, the applicant was released from active duty and transferred to the U.S. Army Reserve Control Group (Reinforcement).  Item 26 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the:

* National Defense Service Medal
* RVN Campaign Medal with Device (1960)
* Parachute Badge
* Vietnam Service Medal
* Army Commendation Medal
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16)

8.  References:

	a.  Army Regulation 600-8-22 (Military Awards) provides that the Vietnam Service Medal is awarded to all members of the Armed Forces of the United States for qualifying service in Vietnam after 3 July 1965 through 28 March 1973. This same regulation states a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each credited campaign.  Appendix B shows that the following four campaigns took place during his period of service in the Republic of Vietnam:

* Vietnam Counteroffensive Phase VII (1 July 1970 - 30 June 1971)
* Consolidation I (1 July - 30 November 1971)
* Consolidation II (1 December 1971 - 29 March 1972)
* Vietnam Ceasefire Campaign (30 March 1972 - 28 January 1973)

	b.  Army Regulation 672-5-1 (Awards), in effect at the time, provides that the Army Good Conduct Medal is awarded to individuals who have completed a qualifying period of active duty enlisted service.  This period is 3 continuous years except in those cases when the period for the first award ends with the termination of a period of Federal military service of less than 3 years but more than 1 year.  The enlisted person must have had all “excellent” conduct and efficiency ratings and no convictions by a court-martial.

	c.  Department of the Army General Orders (DAGO) Number 54, dated 1974, announced award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to Company H, 75th Infantry Battalion (Ranger), for actions during his period of assignment.

	d.  DAGO Number 54, dated 1974, announced award of two Republic of Vietnam Gallantry Crosses with Palm Unit Citation to Company L, 75th Infantry Battalion (Ranger), for actions during his period of assignment.

	e.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) states not more than one Republic of Vietnam Gallantry Cross Unit Citation will be worn by any individual.  Although multiple awards of this unit citation are not authorized for wear, official military and historical records will indicate all awards received.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contentions were carefully considered and determined to have merit.

2.  General orders awarded him the Bronze Star Medal for meritorious achievement.  Therefore, he is entitled to have his records corrected to show receipt of the Bronze Star Medal.

3.  General orders awarded him two Army Commendation Medals with "V" Device for heroism.  Therefore, he is entitled to have his records corrected to show receipt of the Army Commendation Medal (2nd Award) with "V" Device.

4.  Special orders awarded him the Sharpshooter Marksmanship Qualification Badge with Grenade Bar.  Therefore, he is entitled to have his records corrected to show this badge.

5.  Evidence of record shows he completed a period of honorable service during which he received all "excellent" conduct and efficiency ratings and had no convictions by a court-martial.  Therefore, it would be appropriate to award him the Army Good Conduct Medal (1st Award) for the period 23 June 1970 to 22 June 1973 and correct his records to show this award.

6.  Records show he was awarded the Vietnam Service Medal.  Evidence shows he participated in four campaigns during his service in the RVN.  Therefore, he is eligible for wear of four bronze service stars with his Vietnam Service Medal.

7.  DAGOs awarded his units three awards of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for accomplishments during his tenure in the units.
Although multiple awards of this unit citation are not authorized for wear, official military and historical records will indicate all awards received.  Therefore, he is entitled to have his records 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.  awarding the applicant the Army Good Conduct Medal (1st award) for the period 23 June 1970 to 22 June 1973;

	b.  deleting the Vietnam Service Medal from item 26 of his DD Form 214 for the period ending 15 April 1974; and

	c.  adding the following awards to item 26 of his DD Form 214 for the period ending 15 April 1974:

		(1)  Bronze Star Medal;

		(2)  Army Commendation Medal (2nd Award) with "V" Device;

		(3)  Army Good Conduct Medal (1st Award);

		(4)  Vietnam Service Medal with four bronze service stars;

		(5)  Republic of Vietnam Gallantry Cross with Palm Unit Citation (3rd Award); and

		(6)  Sharpshooter Marksmanship Qualification Badge with Grenade Bar.



      __________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)                                         AR20140021554





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ABCMR Record of Proceedings (cont)                                         AR20140021554



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