IN THE CASE OF:	

		BOARD DATE:	  27 August 2015

		DOCKET NUMBER:  AR20150000118 


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 two awards of the Bronze Star Medal.

2.  The applicant states he earned the awards and he would like his record corrected prior to his death.

3.  The applicant provides copies of his DD Form 214 and two Bronze Star Medal certificates.

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.  His record shows he was inducted into the Army of the United States on 2 August 1967.  Upon completion of initial entry training he was awarded military occupational specialty 11B (Light Weapons Infantryman).  He served in the Republic of Vietnam from 16 August 1968 through 25 July 1969, with           Company B, 2nd Battalion, 12th Cavalry Regiment.  

3.  His record contains:

   a.  Special Orders Number 266, issued by Headquarters, U.S. Army School/Training Center, Fort McClellan, AL, dated 7 November 1967, which award him the Expert Marksmanship Qualification Badge with Pistol Bar         (.45 Caliber).

   b.  Special Orders Number 272, issued by Headquarters, U.S. Army School/Training Center, Fort McClellan, AL, dated 15 November 1967, which award him the Expert Marksmanship Qualification Badge with Mortar Bar         (81 MM).

4.  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.  His record does not contain any derogatory information or a commander's disqualification that would have precluded him from being recommended for or awarded the first award of the Army Good Conduct Medal.

5.  On 27 July 1969, he was released from active duty (REFRAD) as an oversea returnee and he was transferred to the U.S. Army Reserve Control Group (Annual Training) for completion of his remaining service obligation.  At the time of his REFRAD he had served 1 year, 11 months, and 26 days of net active service and attained the rank/pay grade of staff sergeant/E-6.  His DD Form 214 shows he was awarded or authorized the:

* National Defense Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* Vietnam Service Medal
* 2 Overseas Service Bars
* Parachutist Badge
* Combat Infantryman Badge
* Air Medal
* Silver Star
* Purple Heart
* Expert Marksmanship Qualification Badge with Rifle Bar (M-14)
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-16)

6.  Item 41 (Awards and Decorations) of his DA Form 20 does not show award of the Bronze Star Medal.

7.  A review of his personnel service records failed to show he was awarded or recommended for award of the Bronze Star Medal.

8.  A review of the Awards and Decorations Computer-Assisted Retrieval System (ADCARS), an index of general orders issued during the Vietnam era between 1965 and 1973 maintained by the Military Awards Branch of the U.S. Army Human Resources Command, revealed General Orders Number 9045, issued by Headquarters, 1st Cavalry Division (Airmobile), dated 24 July 1969, which awarded him the Bronze Star Medal with "V" Device for heroism, not involving participation in aerial flight, in connection with military operations against a hostile force in the Republic of Vietnam on 13 June 1969.

9.  The applicant provides two certificates.  One indicates he was awarded and presented the Bronze Star Medal for heroism in ground combat on 13 June 1969 in the Republic of Vietnam and one indicates he was awarded and presented the Bronze Star Medal for meritorious achievement in ground operations against hostile forces in the Republic of Vietnam during the period of July 1968 to July 1969.

10.  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.

11.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in the Republic of Vietnam.  During the period in which the applicant was assigned to Company B, 2nd Battalion, 12th Cavalry Regiment his unit was cited for award of the:

   a.  Republic of Vietnam Gallantry Cross with Palm Unit Citation, for the period 9 August 1965 through 9 May 1969 by Department of the Army General Order (DAGO) Number 59, dated 1969, and for the period May 1969 through February 1970 by DAGO Number 11, dated 1972, amended by DAGO Number 42, dated 1972.

   b.  Although not more than one Republic of Vietnam Gallantry Cross with Palm Unit Citation will be worn by any individual, official military personnel and historical records will indicate all awards received.

   c.  Republic of Vietnam Civil Actions Honor Medal, First Class Unit Citation, for the period 1 January 1969 through 1 February 1970 by DAGO Number 42, dated 1972.
   
   d.  Valorous Unit Award, for the period 7 through 11 March 1969 by DAGO Number 5, dated 1973. 

12.  Army Regulation 600-8-22 (Military Awards) states a bronze service star is authorized with the Vietnam Service Medal award for each Vietnam campaign a member is credited with participating in.  Appendix B shows that during his service in Vietnam, participation credit was awarded for the following four campaigns:

* Vietnam Counteroffensive Phase V 
* Vietnam Counteroffensive Phase VI 
* Tet 69 Counteroffensive
* Vietnam Summer - Fall 1969 

13.  Army Regulation 600-8-22 (Military Awards) states the Bronze Star Medal is awarded in time of war for heroism and for meritorious achievement or service, not involving participation in aerial flight, in connection with military operations against an armed enemy, or while engaged in military operations involving conflict with an opposing armed force in which the United States is not a belligerent party.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

DISCUSSION AND CONCLUSIONS:

1.  A review of the applicant's personnel service records failed to reveal evidence showing that he was ever awarded or recommended for award of the Bronze Star Medal.  However, a review of ADCARS revealed orders which award him the Bronze Star Medal with "V" Device.  Therefore, he is entitled to correction of his DD Form 214 to show award of the Bronze Star Medal with "V" Device.

2.  Although the applicant provided certificates which indicate he was awarded two Bronze Star Medals, these documents alone are not considered sufficient evidence upon which to base correction of his record to show two awards.  In the absence of orders for a second Bronze Star Medal or evidence showing such orders were issued, there is an insufficient basis for correcting his records to show two awards of the Bronze Starr Medal.

3.  Special orders award him the Expert Marksmanship Qualification Badge with Pistol Bar (.45 Caliber) and the Expert Marksmanship Qualification Badge with Mortar Bar (81 MM).  Therefore, his record should be corrected to show he was awarded these badges.

4.  The evidence of record confirms he served honorably during the period 2 August 1967 through 27 July 1969.  Evidence shows he received all "excellent" conduct and efficiency ratings throughout his service.  His record does not contain a commander's disqualification that would have precluded him from being recommended for or awarded the Army Good Conduct Medal (1st Award).  Therefore, it would be appropriate at this time to award him this medal for the period 2 August 1967 through 27 July 1969 and to correct his DD Form 214 to show this medal.

5.  Department of the Army Pamphlet 672-3 shows his unit was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation (2nd Award), the Republic of Vietnam Civil Actions Honor Medal, First Class Unit Citation, and the Valorous Unit Award during his period of assignment.  Therefore, his DD Form 214 should be corrected to show these awards.

6.  The record shows the applicant participated in four campaigns during his service in the Republic of Vietnam.  Therefore, he is entitled to four bronze service stars for wear on his previously-awarded Vietnam Service Medal and correction of his DD Form 214 to show these service stars.  

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____X____  ____X____  ___X_____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant a recommendation for partial 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 Army Good Conduct Medal (1st Award) for the period
2 August 1967 through 27 July 1968;

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

   c.  adding to his DD Form 214 – 
   
* Bronze Star Medal with "V" Device
* Army Good Conduct Medal
* Expert Marksmanship Qualification Badge with Pistol Bar (.45 Caliber)
* Expert Marksmanship Qualification Badge with Mortar Bar (81 MM)
* Republic of Vietnam Gallantry Cross with Palm Unit Citation (2nd Award)
* Republic of Vietnam Civil Actions Honor Medal, First Class Unit Citation
* Valorous Unit Award
* Vietnam Service Medal with four bronze service stars 

2.  The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to correcting his DD Form 214 to show award of two Bronze Star Medals.  




      _______ _   _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)                                         AR20150000118





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ABCMR Record of Proceedings (cont)                                         AR20150000118



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