IN THE CASE OF:	  

		BOARD DATE:	  10 September 2015

		DOCKET NUMBER:  AR20150002195 


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 the Army Commendation Medal and the Bronze Star Medal with "V" Device.

2.  The applicant states it was brought to his attention that the above medals were not listed on his DD Form 214.  

3.  The applicant provides his DD Form 214, orders, a citation, and a letter.

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 20 March 1968 and held military occupational specialty 13B (Cannon Crewmember).  He served in Vietnam while assigned as follows from:

* 15 to 30 November 1968, 23rd Adjutant General Replacement Detachment
* 1 December 1968 to 14 November 1969, C Battery, 3rd Battalion, 82nd Artillery Regiment

3.  On 23 September 1968, he was promoted to the rank/grade of sergeant (SGT)/E-5.

4.  General Orders (GO) Number 10663, dated 15 October 1969, issued by Headquarters (HQ), Americal Division, awarded him the Army Commendation Medal for the period December 1968 to November 1969. 

5.  He was honorably released from active duty on 16 November 1969 in the rank of SGT and he was transferred to the U.S. Army Reserve.  He completed 1 year, 7 months, and 26 days of creditable active service with no lost time.

6.  The DD Form 214 he was issued shows he was awarded or authorized the:

* National Defense Service Medal
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)
* Expert Marksmanship Qualification Badge with Rifle Bar (M-16)
* Vietnam Campaign Medal
* Vietnam Service Medal
* two Overseas Service Bars

7.  The applicant provides, and his record contains, GO Number 12892, dated 19 December 1969, issued by HQ, Americal Division, awarding him the Bronze Star Medal with "V" Device for heroism in action in Vietnam on 11 September 1969.

8.  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.  His record is void of any derogatory information, convictions by a court-martial, or a commander's disqualification that would have precluded him from being awarded the Army Good Conduct Medal (1st Award).

10.  Army Regulation 672-5-1 (Military Awards), in effect at the time, provided that the Army Good Conduct Medal was awarded to individuals who completed a qualified period of active duty enlisted service.  This period was 3 years except in those cases when the period for the first award ended with the termination of a period of Federal military service of less than 3 years but more than 1 year.  The enlisted person must have had all "excellent" conduct and efficiency ratings and no convictions by a court-martial.  

11.  Army Regulation 600-8-22 (Military Awards) states the Vietnam Service Medal is awarded to all members of the Armed Forces of the United States for qualifying service in Vietnam after 3 July 1965 through 28 March 1973.  A bronze service star is authorized with this award for each Vietnam campaign a member is credited with participating in.  A review of his records shows he participated in four campaigns.

12.  Department of the Army (DA) Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam.  This pamphlet shows the 3rd Battalion, 82nd Artillery, was cited for award of the:

* Meritorious Unit Commendation for the period 15 November 1967 through 17 March 1969, by Department of the Army General Order (DAGO) Number 39, dated 1970
* Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 24 August through 31 December 1969, by DAGO Number 42, dated 1972

DISCUSSION AND CONCLUSIONS:

1.  GO awarded the applicant the Army Commendation Medal and the Bronze Star Medal with "V" Device which are not shown on his DD Form 214.  Therefore, it would be appropriate to correct his DD Form 214 to show these awards. 

2.  He served honorably from 20 March 1968 through 16 November 1969.  He served heroically in Vietnam, attained the rank of SGT, and received all "excellent" conduct and efficiency ratings.  His record is void of a commander's disqualification or any derogatory information that would have disqualified him from receiving the Army Good Conduct Medal (1st Award).  Therefore, it would be appropriate to award him the Army Good Conduct Medal (1st Award) based on completion of a qualifying period of Federal military service and correct his DD Form 214 to show this award.

3.  His record confirms he participated in four campaigns during his service in Vietnam.  Therefore, he is authorized four bronze service stars for wear on his already-awarded Vietnam Service Medal and his DD Form 214 should be corrected accordingly.

4.  DAGO awarded his unit in Vietnam the Meritorious Unit Commendation and the Republic of Vietnam Gallantry Cross with Palm Unit Citation during the period he was assigned to the unit.  Therefore, it would be appropriate to correct his DD Form 214 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 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:

* awarding him the Army Good Conduct Medal (1st Award) for the period 20 March 1968 through 16 November 1969
* deleting the Vietnam Service Medal from his DD Form 214
* adding to his DD Form 214 the:

* Bronze Star Medal with "V" Device
* Army Commendation Medal
* Army Good Conduct Medal (1st Award)
* Vietnam Service Medal with four bronze service stars
* Meritorious Unit Commendation
* Republic of Vietnam Gallantry Cross with Palm 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)                                         AR20150002195



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ABCMR Record of Proceedings (cont)                                         AR20150002195



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