IN THE CASE OF:	  

		BOARD DATE:	  10 September 2015

		DOCKET NUMBER:  AR20150002224


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 Bronze Star Medal (BSM) and all other awards to which he may be entitled.

2.  The applicant states he recently requested his records from the National Records Personnel Center (NPRC) and received his BSM order.

3.  The applicant provides:

* Noble County Veterans Service Commission, Letter
* DD Form 214
* General Orders Number 22404 dated 30 December 1970

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 enlisted in the Regular Army on 19 August 1969.  He was trained in and awarded military occupational specialty 71B (Clerk Typist).

3.  His DA Form 20 (Enlisted Qualification Record) shows he served in the Republic of Vietnam from 18 February 1970 to 17 February 1971 with 2nd Battalion, 27th Infantry Regiment.  Item 38 (Record of Assignments) shows that he received no less than "excellent" conduct and efficiency ratings at each of his active duty assignments.  

4.  His official military personnel file (OMPF) contains no derogatory information and there is no record of a unit commander’s disqualification that would have precluded him from receiving the Army Good Conduct Medal (AGCM).

5.  The applicant’s OMPF includes and he provides General Orders (GO) Number 22404, dated 30 December 1970 published by Headquarters, 1st Cavalry Division (Airmobile).  It announced his award of the BSM for meritorious service for the period February 1970 to December 1970.
   
6.  On 16 March 1972, the applicant was honorably released from active duty after completing 2 years, 10 months, and 27 days of active military service and he was transferred to the U.S. Army Reserve.

7.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of the applicant’s DD Form 214 shows he earned the following awards:

* Army Commendation Medal
* National Defense Service Medal
* Vietnam Service Medal (VSM)
* Vietnam Campaign Medal with Device (1960)
* Expert Marksmanship Qualification Badge with Rifle Bar (M16)

8.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy and criteria concerning individual military awards.  

	a.  Paragraph 2-13 of the awards regulation contains the regulatory guidance on the Vietnam Service Medal.  It states a bronze service star is authorized with this award for each Vietnam campaign a member is credited with participating in. 

	b.  Appendix B shows that during the applicant's service in Vietnam, he participated in the following three campaigns:

* Vietnam Winter-Spring 1970
* DA Sanctuary Counteroffensive
* Vietnam Counteroffensive Phase VII

9.  Army Regulation 672-5-1 (Awards) 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.  

10.  Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) establishes the eligibility of individual members for campaign participation credit, assault-landing credit, and unit citation badges awarded during the Vietnam Conflict.  It confirms that during his tenure of assignment in the Vietnam with his the 2nd Battalion, 27th Infantry Regiment the unit was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's claim of entitlement to the BSM has been carefully considered and found to have merit.  His record and the evidence he provides confirms he was awarded the BSM by the appropriate award authority and it was announced in official orders.  As a result, it would be appropriate to add the BSM to his DD Form 214.

2.  The applicant's record also confirms he received no less than "excellent" conduct and efficiency ratings at all of his active duty assignments.  Further, the record is void of any derogatory information or a specific disqualification by any of the active duty unit commanders for whom he served.  As a result, it would be appropriate to award him the first award of the AGCM for his qualifying period of honorable active duty service from 19 August 1969 to 16 March 1972.

3.  The evidence of record also shows that based on the applicant's service and campaign participation in the Republic of Vietnam he is also entitled to the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and three bronze service stars to be affixed to his already-awarded VSM.  Thus, it would also be appropriate to add these awards to his DD Form 214 at this time.

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 first award of the AGCM for his honorable active duty service from 19 August 1969 to 16 March 1972; 
      
   b.  deleting the VSM from his DD Form 214 and adding the following awards:
   
* Bronze Star Medal
* AGCM (1st Award)
* VSM with three bronze service stars
* 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)                                         AR20150002224





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ABCMR Record of Proceedings (cont)                                         AR20150002224



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