IN THE CASE OF:	  

		BOARD DATE:	  3 September 2015

		DOCKET NUMBER:  AR20150002057 


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 award of the Bronze Star Medal (BSM) with "V" Device.

2.  The applicant states this award should be added to his DD Form 214.

3.  He provides his DD Form 214 and BSM with "V" Device 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.  His records are not available to the Board for review.  However, there were sufficient documents available in 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, to conduct a fair and impartial review of this case.

3.  On 11 July 1967, the applicant was inducted into the Army of the United States.  After completing initial entry training, he was awarded military occupational specialty 11B (Light Weapons Infantryman).

4.  A review of ADCARS found Headquarters, 9th Infantry Division, issued:

   a.  General Orders Number 6194, dated 30 July 1968, which awarded him the BSM with "V" Device for his heroism in connection with military operations against an armed hostile force in the Republic of Vietnam on 9 May 1968; and

   b.  General Orders Number 10535, dated 9 November 1968, which awarded him the Army Commendation Medal for meritorious service while assigned to Company C, 2nd Battalion, 47th Infantry, Vietnam, from December 1967 to November 1968.

5.  On 10 July 1969, he was released from active duty in the rank of sergeant/E-5 and transferred to the U.S. Army Reserve Control Group (Annual Training).  His DD Form 214 shows he was awarded or authorized the:

* Vietnam Service Medal with silver service star
* National Defense Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* Combat Infantryman Badge
* 2nd Class Gunner Badge (M-60)
* Vietnam Unit Citation
* Army Commendation Medal
* Marksman Marksmanship Qualification Badge with Rifle Bars (M-14 and M-16)

6.  A review of his record indicates he may be eligible for additional awards not shown on his DD Form 214.

7.  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.  Ratings of "unknown" for portions of 


the period under consideration were not disqualifying.  There must have been no convictions by a court-martial.

8.  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 2nd Battalion, 47th Infantry, was cited for award of the:

	a.  Valorous Unit Award for 31 January 1968, by Department of the Army General Orders (DAGO) 5, dated 1969, and for the period 6 to 12 May 1968, by DAGO 43, dated 1970;

	b.  Republic of Vietnam Gallantry Cross with Palm Unit Citation, by DAGO 
31, dated 1969, for the period 1 December 1966 to 30 June 1968, and by DAGO 13, dated 1969, for the period 1 July to 13 November 1968; and

   c.  Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, by DAGO 59, dated 1969, for the period 19 December 1966 to 28 June 1969.

9.  DA Pamphlet 672-3, paragraph 6 (Miscellaneous Information) states that not more than one award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation may be worn by any individual.  Although wear of multiple awards of this unit citation badge is not authorized, official military personnel and historical records will indicate all awards received.

DISCUSSION AND CONCLUSIONS:

1.  The applicant requests correction of his DD Form 214 to show award of the Bronze Star Medal with "V" Device.

2.  Orders awarded him the Bronze Star Medal with "V" Device.  Therefore, he is entitled to correction of his DD Form 214 to show this award.

3.  He was promoted to sergeant/E-5 and received a valor award while serving in Vietnam.  In light of his overall record of service, it would be appropriate to award him the Army Good Conduct Medal (1st Award) based on completion of a qualifying period of active Federal service from 11 July 1967 to 10 July 1969 and to correct his DD Form 214 to show this award.

4.  He served in the 2nd Battalion, 47th Infantry, in Vietnam during a period for which the unit was cited for two Valorous Unit Awards, two Republic of Vietnam Gallantry Cross with Palm Unit Citations (one of which is shown on his DD Form 214 as “Vietnam Unit Citation”), and the Republic of Vietnam Civil Actions Honor 

Medal First Class Unit Citation.  Therefore, he is entitled to correction of his DD Form 214 to show these unit awards.

5.  The applicant should note that although his unit was awarded two awards of the Republic of Vietnam Gallantry Cross with Palm Unit Citation, only one award is authorized for wear on his military uniform.

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 Army Good Conduct Medal (1st Award) based on completion of a qualifying period of active Federal service from 11 July 1967 to 10 July 1969;

	b.  deleting the Vietnam Unit Citation from his DD Form 214; and

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

* Bronze Star Medal with "V" Device
* Army Good Conduct Medal (1st Award)
* Valorous Unit Award (2nd Award)
* Republic of Vietnam Gallantry Cross with Palm Unit Citation (2nd Award
* RVN Civil Actions Honor Medal First Class Unit Citation


      _______ _   _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)                                         AR20150002057



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