IN THE CASE OF:  	  

		BOARD DATE:  18 August 2015	  

		DOCKET NUMBER:  AR20150000807 


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) by adding the "V" Device to his already awarded Bronze Star Medal and the Combat Medical Badge.

2.  The applicant states these awards were mistakenly left off.

3.  The applicant provides his DD Form 214 and a list of awards authorized for shipment to him. 

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 12 June 1968.  After completing initial training he was awarded military occupational specialty (MOS) 91A (Medical Corpsman) (later awarded 91B (Medical Specialist)).  The highest rank/grade held was specialist five (SP5)/E-5.

3.  He served in Vietnam during the period 4 December 1968 to 29 November 1969.  While in Vietnam he was assigned to Headquarters and Headquarters Company, 3rd Battalion, 22nd Infantry Regiment, 25th Infantry Division.  He has qualifying service for four campaigns:

* Vietnam Counteroffensive Phase VI (2 November 1968 to 22 February 1969)
* Tet 69 Counteroffensive, 1969 (23 February 1969 to 8 June 1969)
* Vietnam Summer - Fall 1969 (9 June 1969 to 31 October 1969)
* Vietnam Winter - Spring 1970 (1 November 1969 to 30 April 1970)

4.  His records contain a DA Form 20 (Enlisted Qualification Record) which shows the following entries:

	a.  item 38 (Record of Assignments), under the headings of Conduct and Efficiency, shows the applicant received ratings of excellent throughout his term of service;

	b.  item 33 (Appointments and Reductions) shows he was promoted to SP5 on 7 November 1969, while still in Vietnam;

	c.  item 41 (Awards and Decorations) shows the following awards:

* Vietnam Service Medal
* National Defense Service Medal
* Combat Medical Badge
* Republic of Vietnam Campaign Medal with Device (1960)
* Bronze Star Medal with "V" Device
* Army Commendation Medal (1st Award)
* Army Commendation Medal (2nd Award)
* two overseas service bars

5.  Special Orders (SO) Number 87, dated 28 March 1969, issued by Headquarters, 25th Infantry Division shows the applicant was awarded the Combat Medical Badge.

6.  General Orders (GO) Number 8263, dated 26 June 1969, issued by Headquarters, 25th Infantry Division shows the applicant was awarded the Bronze Star Medal with "V" Device.  

7.  In his record is a DA Form 2627-1 (Record of Proceedings under Article 15, Uniform Code of Military Justice (UCMJ)) shows the applicant without leave (AWOL) for the period 16 April 1970 to 19 April 1970.  His punishment was 14 days of extra duty.  His record is void of any other derogatory information.

8.  On 15 June 1970, the applicant was released from active duty.  His DD Form 214 shows he completed 2 years of net active creditable service.  He was awarded or authorized:

* National Defense Service Medal
* Vietnam Service Medal with one bronze service star
* Army Commendation Medal (2nd Award)
* Republic of Vietnam Campaign Medal with Device (1960)
* Bronze Star Medal

9.  Army Regulation 600-8-22 (Military Awards) prescribes policies and procedures for military awards.  It states a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign. 

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 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 (emphasis added).  

11.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam.  

	a.  It shows the 3rd Battalion, 22nd Infantry Regiment was awarded, in Department of the Army General Order (DAGO) 51, dated 1971, the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 1 August 1967 to  21 January 1970.

	b.  This pamphlet also states all units in Vietnam were awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation based on DAGO Number 8, dated 1974.



DISCUSSION AND CONCLUSIONS:

1.  Orders from his available personnel records confirm he was awarded the Bronze Star Medal with "V" Device and the Combat Medical Badge.  While his DD Form 214 shows the award of a Bronze Star Medal, his records show only the award of the Bronze Star Medal with "V" Device and not a second Bronze Star Medal.  Inadvertently the ?V? Device was omitted in the preparation of his DD Form 214.  Based upon the orders available in his records, his DD Form 214 should be corrected to reflect the Bronze Star Medal with ?V? Device and the Combat Medical Badge.

2.  Requirements for eligibility for the Army Good Conduct Medal include having had all "excellent" conduct and efficiency ratings and no convictions by a court-martial.  While the applicant did receive an Article 15 for a 3-day period of AWOL, there is no record of court-martial or other derogatory information.  Additionally:

* his DA Form 20 shows no entries other than excellent for his conduct and efficiency for his entire period of service
* he received a Bronze Star Medal with "V" Device for heroism during combat
* he was promoted to SP5 after only about 16 months of active service

Based upon the foregoing, he should be awarded the Army Good Conduct Medal (1st Award) and have it added to his DD Form 214.

3.  His records show he has qualifying service for four bronze service stars to be added to his already-awarded Vietnam Service Medal.  Additionally, his unit of assignment in Vietnam was awarded two unit citations, the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation and the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  These, along with the bronze service stars, should be added to his DD Form 214.

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 him the Army Good Conduct Medal (1st Award) for the period 12 June 1968 through 15 June 1970;

	b.  deleting the Vietnam Service Medal with one bronze service star and the Bronze Star Medal from his DD Form 214; and

	c.  adding to his DD Form 214 the :

* Bronze Star Medal with "V" Device
* Army Good Conduct Medal (1st Award)
* Vietnam Service Medal with four bronze service stars
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation
* Combat Medical Badge



      _______ _   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)                                         AR20150000807





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ABCMR Record of Proceedings (cont)                                         AR20150000807



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