IN THE CASE OF:	  

		BOARD DATE:	  6 August 2015

		DOCKET NUMBER:  AR20150000716 


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 three awards of the Bronze Star Medal (BSM).

2.  The applicant states, in effect, his DD Form 214 does not show he was awarded three BSM's as shown on the printout provided by the National Personnel Records Center.  (This document was not provided with the application.)

3.  The applicant provides:

* DD Form 214
* Power of Attorney
* Vietnam Veterans Bonus Application
* three BSM Certificates with corresponding 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 was inducted into the Army of the United States on 11 October 1967.  He arrived in Vietnam on 6 May 1968.  He served as a field radio mechanic assigned to Company B, 1st Battalion, 8th Infantry Regiment, in Vietnam from 17 May 1968 to 13 May 1969.  He participated in four campaigns during his assignment in Vietnam.

3.  On 17 May 1969, he was honorably released from active duty in the temporary rank of sergeant after completing 1 year, 7 months, and 7 days of creditable active service with no lost time.

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

* National Defense Service Medal
* Expert Marksmanship Qualification Badge with Rifle Bar (M-14)
* Republic of Vietnam Campaign Medal with Device (1960)
* Vietnam Service Medal (VSM)
* two overseas service bars
* Purple Heart
* Combat Infantryman Badge

5.  Headquarters, 4th Infantry Division, General Orders Number 3675, dated 4 July 1969, awarded him the BSM with "V" Device for heroism in the Republic of Vietnam on 18 January 1969.

6.  Headquarters, 4th Infantry Division, General Orders Number 5655, dated 30 August 1969, awarded him the BSM with "V" Device with 1st Oak Leaf Cluster for heroism in the Republic of Vietnam on 30 March 1969.

7.  Headquarters, 4th Infantry Division, General Orders Number 5900, dated 10 September 1969, awarded him the BSM with "V" Device with 2nd Oak Leaf Cluster for heroism in the Republic of Vietnam on 26 March 1969.

8.  There is no evidence he received the first award of the Army Good Conduct Medal (AGCM).  There is no evidence of a court-martial conviction and his DA Form 20 (Enlisted Qualification Record) shows he received all "excellent" conduct and efficiency ratings with the exception of a single "good" academic efficiency rating during advanced individual training (AIT).

9.  Army Regulation 600-8-22 (Military Awards) states a bronze service star is worn on the Vietnam Service Medal for each credited campaign.

10.  Army Regulation 672-5-1 (Awards), in effect at the time, stated the AGCM 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.  Service school efficiency ratings based upon academic proficiency of at least "good" rendered subsequent to 22 November 1955 were not disqualifying.  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 Vietnam.  This pamphlet shows Company B, 1st Battalion, 8th Infantry Regiment, was awarded the Presidential Unit Citation (PUC) for the period 25-26 May 1968 in Department of the Army General Orders (DAGO) 75, dated 1969.

12.  Department of the Army Pamphlet 672-3 also shows 1st Battalion, 8th Infantry Regiment, was awarded the:

* Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period October 1966 to 28 July 1969 in DAGO 3, dated 1970
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 1 October 1966 to 31 October 1969 in DAGO Number 53, dated 1970

DISCUSSION AND CONCLUSIONS:

1.  General orders show the applicant was awarded three BSMs with "V" Device.  His DD Form 214 should be corrected to show these awards.

2.  He was honorably released from active duty in the temporary rank of sergeant with 19 months of total active service and no lost time.  His records contain no evidence of a court-martial conviction and he received all "excellent" conduct and efficiency ratings with the exception of a single "good" efficiency rating during AIT.  It appears he met the eligibility criteria for the AGCM (1st Award) for the period 11 October 1967 through 17 May 1969 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 AGCM (1st Award) and his DD Form 214 should be corrected to show this award.

3.  He participated in four campaigns during his assignment in Vietnam which authorizes four bronze service stars with his already-awarded VSM.  His DD Form 214 should be corrected to show these bronze service stars.

4.  His unit in Vietnam was cited for award of the PUC, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation during his period of assignment.  His DD Form 214 should be corrected to show these unit awards.

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.  awarding him the AGCM (1st Award) for the period 11 October 1967 through 17 May 1969 and

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

* BSM with "V" Device (3rd Award)
* AGCM (1st Award)
* PUC
* Republic of Vietnam Gallantry Cross with Palm Unit Citation


* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation
* four bronze service stars with his already-awarded VSM



      _____________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)                                         AR20150000716



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ABCMR Record of Proceedings (cont)                                         AR20150000716



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