IN THE CASE OF:  	  

		BOARD DATE:  20 October 2015	  

		DOCKET NUMBER:  AR20150002865 


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.

2.  The applicant states he was issued the Bronze Star Medal on 9 June 1972 for service from 22 May 1971 to 15 March 1972.  He has the citation and certificate but the award is not documented on his DD Form 214. 

3.  The applicant provides his DD Form 214 and a certificate and citation 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 was inducted into the Army of the United States on 21 July 1970 and he held military occupational specialty 51L (Heating and Cooling Specialist). 

3.  Special Orders (SO) Number 256, issued by Headquarters, U.S. Army Training Center, Fort Campbell, KY on 14 September 1970 awarded him the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16). 

4.  He served in Vietnam from 27 May 1971 to 17 March 1972.  He was assigned to the 535th Signal Company, 39th Signal Battalion. 

5.  He was honorably released from active duty in the rank/grade of specialist four (SP4)/E-4 on 19 March 1972.  His record shows he received "excellent" conduct and efficiency ratings.  His DD Form 214 shows he completed 1 year, 7 months, and 29 days of active service with no lost time.  It also shows he was awarded or authorized the: 

* National Defense Service Medal
* Vietnam Service Medal with 2 bronze service stars
* Vietnam Campaign Medal with Device (1960)

6.  There are no general orders (GO) confirming award of the Bronze Star Medal in his service records and his DA Form 20 (Enlisted Qualification Record) does not list this award as an authorized award in item 41 (Awards and Decorations).

7.  He provides a citation and certificate, dated 9 June 1972, signed by the Commanding General, 1st Signal Brigade, that shows he was awarded the Bronze Star Medal for meritorious achievement in ground combat operations against hostile forces in Vietnam from 22 May 1971 to 15 March 1972. 

8.  A review of the Awards and Decorations Computer Assisted Retrieval System maintained by the U.S. Army Human Resources Command, which is an index of general orders issued during the Vietnam era between 1965 and 1973, failed to reveal any orders for the Bronze Star Medal pertaining to him.

9.  Army Regulation 600-8-22 (Military Awards) states the Bronze Star Medal is awarded in time of war for heroism and for meritorious achievement or service.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

10.  Department of the Army (DA) Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows that during his period of service in Vietnam with the 535th Signal Company, this unit was cited for award of the Meritorious Unit Commendation for service from 1 October 1970 to 25 September 1972 by Department of the Army (DAGO) Number 32, dated 1973.

11.  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.

12.  A review of his service record shows no derogatory information (such as lost time, court-martial conviction) on file.  Additionally, item 38 (Record of Assignments) of his DA Form 20 shows he received "excellent" conduct and efficiency ratings throughout his military service.

13.  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 at least 1 year.  The enlisted person must have had all "excellent" conduct and efficiency ratings and no convictions by a court-martial.

DISCUSSION AND CONCLUSIONS:

1.  Although his service records do not contain GO awarding him the Bronze Star Medal, he provides a citation and certificate signed by the Commanding General, 1st Signal Brigade, showing award of the Bronze Star Medal for meritorious achievement in ground combat operations in Vietnam from 22 May 1971 to 
15 March 1972.  The name, rank, and period of service are consistent with his name, rank, and period of service in Vietnam.  Of note is the fact that the certificate is dated after his release from active duty, which may explain the absence of documentation of this award in his military records.  Any doubt should be resolved in his favor.  

2.  GO awarded his unit in Vietnam the Meritorious Unit Commendation 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. 

3.  SO awarded him the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16) which is not listed on his DD Form 214. 

4.  He met the criteria for award of the Army Good Conduct Medal by serving honorably from 21 July 1970 to 19 March 1972, serving in Vietnam, attaining the rank/grade of SP4/E-4, and receiving "excellent" efficiency and conduct ratings throughout his military service.  His records contain no derogatory information that would have disqualified him from receiving the first award of the Army Good Conduct Medal.  

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 exemplary behavior, efficiency, and fidelity during the period 21 July 1970 to 19 March 1972
* adding the following awards to his DD Form 214:

* Army Good Conduct Medal (1st Award)
* Bronze Star Medal
* Meritorious Unit Commendation
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16)



      _______ _   _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)                                         AR20150002865



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ABCMR Record of Proceedings (cont)                                         AR20150002865



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