IN THE CASE OF:	  

		BOARD DATE:	  13 October 2015

		DOCKET NUMBER:  AR20150002556 


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. 

2.  The applicant states he is not sure why his award of the Bronze Star Medal was not included on his DD Form 214. 

3.  The applicant provides his DD Form 214, a certificate and citation for award of the Bronze Star Medal, and General Orders (GO) 1214 for award of the Bronze Star Medal.

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's records show he enlisted in the Regular Army on 5 January 1968 and he held military occupational specialty 63C (Generator/Vehicle Repairman).  

3.  He served in Vietnam from 7 October 1968 to 8 August 1970.  He was assigned to Headquarters and Headquarters Troop, 3rd Squadron, 5th Cavalry, 9th Infantry Division. 

4.  Headquarters, 9th Infantry Division published the following GO awarding him the below awards: 

* GO Number 4772, on 20 April 1969, the Army Commendation Medal for achievement from 9 October 1968 to 7 April 1969
* GO Number 1769, on 8 October 1969, the Army Commendation Medal for achievement from October 1968 to September 1969
* GO Number 1214, on 19 July 1970, the Bronze Star Medal for service from October 1969 to August 1970 

5.  He was honorably released from active duty in the rank/grade of specialist five (SP5)/E-5 on 8 August 1970.  He completed 2 years, 7 months, and 4 days of total active service with no lost time.  His DD Form 214 shows he was awarded or authorized the:

* National Defense Service Medal
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)
* Army Commendation Medal (1st Oak Leaf Cluster) 
* Vietnam Service Medal
* Vietnam Campaign Medal 
* 4 overseas service bars

6.  A review of his service record shows no derogatory information that would disqualify him from receiving the Army Good Conduct Medal (1st Award).  Item 38 (Record of Assignments) of his DA Form 20 (Enlisted Qualification Record) shows he received all "excellent" conduct and efficiency ratings during his military service.

7.  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.  The enlisted person must have had all "excellent" conduct and efficiency ratings and no convictions by a court-martial.

8.  Appendix B of Army Regulation 600-8-22 (Military Awards) shows that during his service in Vietnam campaign participation credit was awarded for the following campaigns.  This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.  A silver service star denotes five bronze service stars.

* Vietnam Counteroffensive Phase V, 1 July - 1 November 1968
* Vietnam Counteroffensive Phase VI, 2 November 1968 - 22 February 1969
* Tet 69/Counteroffensive, 23 February - 8 June 1969
* Vietnam Summer - Fall 1969, 9 June - 31 October 1969
* Vietnam Winter - Spring 1970, 1 November 1969 - 30 April 1970
* Sanctuary Counteroffensive, 1 May - 30 June 1970
* Vietnam Counteroffensive Phase VII, 1 July 1970 - 30 June 1971

9.  Department of the Army (DA) Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows during his service with the 3rd Squadron, 5th Cavalry, in Vietnam from 7 October 1968 to 8 August 1970, this unit was cited for award of the Presidential Unit Citation, for service from 10 to 21 May 1969.

10.  DAGO Number 8, dated 1974, announced award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to Headquarters, U.S. Military Assistance Command and its subordinate units during the period 8 February 1962 to 28 March 1973 and to Headquarters, U.S. Army Vietnam and its subordinate units during the period 20 July 1965 to 28 March 1973.

DISCUSSION AND CONCLUSIONS:

1.  GO awarded the applicant the Bronze Star Medal which is not shown on his DD Form 214.

2.  He was awarded the Vietnam Service Medal.  He also participated in seven campaigns during his service in Vietnam.  He meets the criteria for one silver service star and two bronze service stars for wear on his already-awarded Vietnam Service Medal.

3.  He met the criteria for award of the Army Good Conduct Medal by serving honorably from 5 January 1968 through 8 August 1970, serving in Vietnam, attaining the rank/grade of SP5/E-5, and receiving all "excellent" conduct and efficiency ratings throughout his military service.  His record contains no derogatory information that would have disqualified him from receiving the first award of the Army Good Conduct Medal.

4.  GO awarded his unit in Vietnam the Presidential Unit Citation and the Republic of Vietnam Gallantry Cross with Palm Unit Citation during his period of assignment.  Neither unit award is listed on 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 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:

* awarding him the Army Good Conduct Medal (1st Award) for the period
    5 January 1968 through 8 August 1970
* deleting from his DD Form 214 the Vietnam Service Medal 
* adding the:

* Bronze Star Medal 
* Army Good Conduct Medal (1st Award)
* Vietnam Service Medal with one silver and two bronze service stars 
* Presidential Unit Citation
* 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)                                         AR20150002556



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ABCMR Record of Proceedings (cont)                                         AR20150002556



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