IN THE CASE OF:	  

		BOARD DATE:	  5 February 2015

		DOCKET NUMBER:  AR20140009634 


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:

* his rank as staff sergeant (SSG)
* his pay grade as E-6
* his date of rank (DOR) as 4 May 1970
* award of the Bronze Star Medal (BSM)

2.  The applicant states, in effect:

* he was promoted to SSG/E-6 with a DOR of 4 May 1970
* he was awarded the BSM 
* his records were never updated upon his return from Vietnam

3.  The applicant provides:

* promotion orders
* letter of congratulations
* citation and award certificate for the BSM
* DD Form 214 

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 28 November 1967 for 3 years.  He arrived in Vietnam on 6 June 1969.  He served as an area intelligence specialist assigned to Company B, 5th Special Forces Group (Airborne), 1st Special Forces, in Vietnam from 8 June 1969 to 2 July 1970.  Records show he participated in five campaigns during his assignment in Vietnam.

3.  Headquarters, 5th Special Forces Group (Airborne), 1st Special Forces, Special Orders Number 124, dated 4 May 1970, show he was promoted to SSG effective 4 May 1970.

4.  On 2 July 1970, he was honorably released from active duty in the rank of SSG after completing 2 years, 7 months, and 5 days of creditable active service with no time lost.

5.  Headquarters, 5th Special Forces Group (Airborne), 1st Special Forces, General Orders Number 1463, dated 20 July 1970, show he was awarded the BSM.

6.  His DD Form 214 shows in:

* item 5a (Grade, Rate or Rank) – SGT
* item 5b (Pay Grade) – E-5
* item 6 (DOR) – 5 November 1969

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

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

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

9.  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 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.

10.  Army Regulation 600-8-22 (Military Awards) states a bronze service star is worn on the appropriate service ribbon for each credited campaign, including the Vietnam Service Medal.  A silver service star is authorized in lieu of five bronze service stars.

11.  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 5th Special Forces Group, 1st Special Forces, was awarded the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period January 1968 to 24 September 1970 in Department of the Army General Orders Number (DAGO) 48, dated 1971.

12.  DAGO Number 8, dated 1974, awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation to Headquarters, U.S. Military Assistance Command, and its subordinate units during the period 8 February 1962 to 28 March 1973 and to Headquarters, U.S. Army Vietnam, and its subordinate units during the period 20 July 1965 to 28 March 1973.

DISCUSSION AND CONCLUSIONS:

1.  The promotion orders provided by the applicant which show he was promoted to SSG/E-6 effective 4 May 1970 are accepted as sufficient evidence on which to amend items 5a, 5b, and 6 of his DD Form 214. 

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

3.  He was honorably released from active duty in the rank of SSG with 31 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.  It appears he met the eligibility criteria for the first award of the Army Good Conduct Medal for the period 28 November 1967 through 2 July 1970 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 Army Good Conduct Medal (1st Award) and his DD Form 214 should be corrected to show this award.

4.  He participated in five campaigns during his assignment in Vietnam which entitles him to the Vietnam Service Medal with one silver service star.  His DD Form 214 should be corrected to show this silver service star.

5.  His unit in Vietnam was cited for award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation while he was assigned to it.  Therefore, his DD Form 214 should be corrected to show this unit award.

6.  The Republic of Vietnam Gallantry Cross with Palm Unit Citation was awarded to all units that served in Vietnam.  The applicant served in Vietnam during a qualifying period; therefore, he is entitled to correction of his DD Form 214 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.  deleting the current entry in item 5a of his DD Form 214 and replacing it with the entry "SSG";

	b.  deleting the current entry in item 5b of his DD Form 214 and replacing it with the entry "E-6";

	c.  deleting the current entry in item 6 of his DD Form 214 and replacing it with the entry "4 May 70";

	d.  awarding him the Army Good Conduct Medal (1st Award) for the period 28 November 1967 through 2 July 1970; and

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

* Bronze Star Medal
* Army Good Conduct Medal (1st Award)
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation
* one silver service star with his already-awarded Vietnam Service Medal



      ___________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)                                         AR20140009634



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ABCMR Record of Proceedings (cont)                                         AR20140009634



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