BOARD DATE:	    6 October 2015

		DOCKET NUMBER:  AR20150002357 


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).

2.  The applicant states that he served in the Republic of Vietnam (RVN) and he received the BSM after he was released from active duty (REFRAD).  He has the medal set; however, he cannot find the award documents and the award is not recorded on his DD Form 214.

3.  The applicant provides a copy of his DD Form 214.

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 U.S. Army on 22 July 1970.  He was awarded military occupational specialty 11C (Infantry Indirect Fire Crewman).

3.  His DA Form 20 (Enlisted Qualification Record) shows in –

* item 31 (Foreign Service), he served in Vietnam from 2 January 1971 through 11 October 1971
* item 33 (Appointments and Reductions), he was promoted to specialist four (SP4)/pay grade E-4 on 10 May 1971
* item 38 (Record of Assignments), he was assigned to the 1st Battalion, 7th Cavalry, 3rd Brigade (Separate), 1st Cavalry Division (Airmobile),
as follows –

* Company B from 11 January 1971 through 17 January 1971
* Company C from 18 January 1971 through 3 October 1971
* Headquarters and Headquarters Company from 4 October 1971 through 11 October 1971

* item 41 (Awards and Decorations) –

* National Defense Service Medal (NDSM)
* Vietnam Service Medal (VSM)
* Combat Infantryman Badge (CIB)
* RVN Campaign Medal with Device (1960)
* 1 Overseas Service Bar (OSB)
* BSM
* Sharpshooter Marksmanship Qualification Badge with Rifle (M-16) Bar

4.  Headquarters, 3rd Brigade (Separate), 1st Cavalry Division (Airmobile), Letter Orders Number 10-095, dated 9 October 1971, authorized the applicant ordinary leave for compassionate reasons to return to the continental United States on
9 October 1971 for a period of 14 days.

5.  Headquarters, 3rd Brigade (Separate), 1st Cavalry Division (Airmobile), General Orders (GO) Number 1917, dated 13 October 1971, awarded the applicant the BSM for meritorious service in the RVN from 11 January 1971 to 
4 October 1971.

6.  Headquarters, 3rd Brigade (Separate), 1st Cavalry Division (Airmobile), 
GO Number 2202, dated 11 November 1971, awarded the applicant the BSM for meritorious service in the RVN from December 1970 to December 1971.

7.  The applicant's DD Form 214 shows he entered active duty this period on
22 July 1970, he was honorably REFRAD on 24 January 1972, and transferred to the U.S. Army Reserve Control Group (Annual Training).  He completed 1 year, 
6 months, and 3 days of total active service this period that included 
9 months and 10 days of foreign service.  It also shows in –

   a.  item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) –

* NDSM
* VSM
* RVN Campaign Medal with Device (1960)
* 1 OSB
* Expert Marksmanship Qualification Badge with Rifle (M-16) Bar

   b.  item 30 (Remarks), he served in Vietnam from 2 January 1971 through 
11 October 1971.

8.  A review of the applicant's military personnel records reveals he may be entitled to additional awards that are not shown on his DD Form 214.

9.  Special orders (SO) issued by Headquarters, 1st Basic Combat Training Brigade, Fort Jackson, SC, awarded the applicant the following badges –

* Sharpshooter Marksmanship Qualification Badge with Rifle (M-16 Bar  (SO Number 139 paragraph 3 dated 22 September 1970)
* Expert Marksmanship Qualification Badge with Grenade Bar (SO Number 139, paragraph 6, dated 22 September 1970)

10.  Headquarters, 3rd Advanced Individual Training Brigade, Fort Jackson, SC, SO Number 188, dated 20 October 1970, awarded him the Sharpshooter Marksmanship Qualification Badge with Pistol (.45 caliber) Bar.

11.  Headquarters, 1st Cavalry Division (Airmobile), SO Number 76, dated 
17 March 1971, awarded the applicant the CIB, effective 1 March 1971.

12.  A review of the Awards and Decorations Computer-Assisted Retrieval System, an index of general orders issued during the Vietnam-era between
1965 and 1973 maintained by the U.S. Army Human Resources Command, Awards and Decorations Branch, failed to reveal any additional award orders pertaining to the applicant.

13.  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 1st Battalion, 7th Cavalry, was cited for award of the RVN Gallantry Cross with Palm Unit Citation for the period –

* 21 February 1970 to 28 February 1971 in Department of the Army General Orders (DAGO) Number 42, 1972

14.  Item 38 of the applicant's DA Form 20 shows he received all "excellent" conduct and efficiency ratings throughout his military service.  A review of the applicant's military personnel records failed to reveal any adverse or derogatory information.  This review also failed to reveal evidence of a commander's disqualification that would have precluded him from being recommended for or awarded the Army Good Conduct Medal (AGCM) (1st Award).

15.  Army Regulation 672-5-1 (Military Awards), in effect at the time, provided that the AGCM was awarded to individuals who completed a qualifying 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.  The enlisted person must have had all "excellent" conduct and efficiency ratings.  There must have been no convictions by a court-martial.

16.  Army Regulation 600-8-22 (Military Awards) provides policy, criteria, and administrative instructions concerning military awards and decorations.

   a.  The VSM 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 will be awarded for wear on the VSM for participation in each credited campaign.

	b.  Appendix B contains a list of Vietnam Conflict campaigns.  During the applicant's service in Vietnam, participation credit was awarded for the following two campaigns –

* Vietnam Counteroffensive Phase VII (1 July 1970 - 30 June 1971)
* Consolidation I (1 July - 30 November 1971)



   c.  Chapter 1 (Introduction), paragraph 1-19 (Duplication of awards), provides that only one decoration will be awarded to an individual or unit for the same act, achievement, or period of meritorious service.  Continuation of the same or similar type service already recognized by an award for meritorious service or achievement will not be the basis for a second award. 

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends his DD Form 214 should be corrected to show he was awarded the BSM.

2.  The evidence of record shows two separate GOs awarded the applicant the BSM for meritorious service in the RVN (from 11 January 1971 to 4 October 1971 and from December 1970 to December 1971).  The applicant arrived in the RVN on 2 January 1971 and he departed on 11 October 1971.

   a.  The Military Awards regulation provides that only one decoration will be awarded to an individual for the same period of meritorious service and that continuation of the same or similar type service already recognized by an award for meritorious service will not be the basis for a second award.

   b.  It appears an administrative error occurred when the second GO was published because the applicant did not complete his 12-month overseas tour due to emergency leave (and reassignment) based on compassionate reasons.  Thus, it is concluded that the applicant is entitled to one award of the BSM for his meritorious service in the RVN from 11 January 1971 to 4 October 1971.

3.  The evidence of record also shows:

   a.  the applicant qualified for award of the VSM and he participated in two campaigns during his service in Vietnam, which entitles him two bronze service stars for wear on his already-awarded VSM;

	b.  general orders awarded the applicant's unit the RVN Gallantry Cross with Palm Unit Citation; and

   c.  special orders awarded him the –

* CIB
* Expert Marksmanship Qualification Badge with Grenade Bar
* Sharpshooter Marksmanship Qualification Badge with Rifle (M-16) and Pistol (.45 caliber) Bars

   d.  Despite the apparent error in item 24 of the applicant's DD Form 214 that shows the Expert Marksmanship Qualification Badge with Rifle (M-16) Bar, no action will be taken to delete the entry.

4.  The applicant served a period of continuous, honorable active duty enlisted service from 22 July 1970 through 24 January 1972.

   a.  There is no evidence of any disciplinary actions, adverse information, or a commander's disqualification for the first award of the AGCM.

	b.  He was promoted to SP4 (E-4) with less than 10 months of active duty and he received all "excellent" conduct and efficiency ratings during his service.

   c.  He was awarded the BSM for meritorious service in the RVN.                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        
   
   d.  Based on the available evidence, it would be appropriate at this time to award the applicant the AGCM (1st Award) for the period 22 July 1970 through 24 January 1972.
	
5.  Therefore, in view of all of the foregoing, it would be appropriate to correct the applicant's DD Form 214 to show his awards and decorations, as recommended below.

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 
22 July 1970 through 24 January 1972 (Standard Name Line:  SP4, 1st Adjutant General Administration (Detachment 1), 1st Infantry Division, Fort Riley, KS);

	b.  deleting from item 24 of his DD Form 214 the Vietnam Service Medal; and

   c.  adding to item 24 of his DD Form 214 the –

* Bronze Star Medal
* Army Good Conduct Medal (1st Award)
* Vietnam Service Medal with 2 Bronze Service Stars
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Combat Infantryman Badge
* Expert Marksmanship Qualification Badge with Grenade Bar
* Sharpshooter Marksmanship Qualification Badge with Rifle (M-16) and Pistol (.45 caliber) Bars



      _________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)                                         AR20150002357



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ABCMR Record of Proceedings (cont)                                         AR20150002357



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