IN THE CASE OF:  	  

		BOARD DATE:  6 October 2015	  

		DOCKET NUMBER:  AR20150003135 


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 awards of the:

* Silver Star
* Bronze Star Medal for meritorious service
* Bronze Star Medal with "V" Device for heroism
* Bronze Star Medal for meritorious service

2.  The applicant states he is unaware why the requested awards are not listed on his DD Form 214 but wants that done in the interest of justice.  The Silver Star and one of the Bronze Star Medals were recently awarded by the U.S. Army Human Resources Command (HRC).  He would like his family to realize the full extent of his military service. 

3.  The applicant provides:

* Permanent Orders (PO) 208-26, a citation, and a certificate for award of the Silver Star
* PO 250-18 and a certificate for award of the Bronze Star Medal
* General Orders (GO) Number 1615 for award of the Bronze Star Medal for heroism
* GO Number 2031 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 18 July 1966 and he initially held military occupational specialty (MOS) 11B (Light Weapons Infantryman).  He also completed the Basic Airborne Course.

3.  Special Orders (SO) Number 218, issued by Headquarters, 2nd Brigade, Fort Ord, CA on 1 November 1966 awarded him the 2nd Class Gunner (now called Marksman) Marksmanship Qualification Badge with Machine Gun Bar (M-60).

4.  He attended and successfully completed the Special Forces (SF) Communication Training Course.  He was awarded MOS 05B2S (Radio Operator).

5.  SO Number 166, issued by Headquarters, 6th SF Group Airborne (SFGA), 1st SF, Fort Bragg, NC on 2 November 1967 awarded him the Expert Marksmanship Qualification Badge with Rifle Bar (M-16). 

6.  He served in Vietnam from on or about 18 December 1967 to on or about 18 February 1969.  He was assigned to Headquarters and Headquarters Company, Special Operations Augmentation (Command and Control North), 5th SFGA, 1st SF. 

7.  Headquarters, 5th SFGA, 1st SF published the following GO/SO awarding him the below awards: 

* GO Number 131, on 1 March 1968, awarding him the Purple Heart for wounds received in action on 23 February 1968
* SO Number 108, on 17 April 1968, awarding him the Combat Infantryman Badge 
* GO Number 1615, on 13 September 1968, awarding him the Bronze Star Medal with "V" Device for heroism on 13 August 1968
* GO Number 2031, on 19 November 1968, awarding him the Bronze Star Medal for service from 18 December 1967 to 17 December 1968 

8.  His record shows he was honorably released from active duty in the rank/grade of sergeant (SGT)/E-5 on 19 February 1969.  His DD Form 214 shows he completed 2 years, 7 months, and 2 days of active service with no lost time.  His DD Form 214 also shows in:

* Item 11d (Effective Date (of Separation)) the entry NA
* Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) he was awarded or authorized the:

* National Defense Service Medal
* Combat Infantryman Badge
* Vietnam Campaign Medal
* Meritorious Unit Commendation
* Vietnam Service Medal
* Purple Heart
* Expert Marksmanship Qualification Badge with Rifle Bar (M-14)
* Parachutist Badge
* 2 overseas service bars 

9.  PO Number 208-26, issued by HRC on 26 July 2012, awarded him the Silver Star for gallantry in action from 22 to 28 September 1968. 

10.  PO Number 250-18, issued by HRC on 6 September 2012, awarded him the Bronze Star Medal for meritorious service from 17 April to 30 June 1968. 

11.  A review of his service record shows no derogatory information that would disqualify him for the first award of the Army Good Conduct Medal.  Furthermore, item 38 (Record of Assignments) of his DA Form 20 (Enlisted Qualification Record) shows he received all "excellent" conduct and efficiency ratings throughout his military service with the exception of a "Good" efficiency rating while enroute from SF Communications Training to Vietnam. 

12.  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.

13.  Army Regulation 600-8-22 (Military Awards) states the Vietnam Service Medal is awarded for qualifying service in Vietnam after 3 July 1965 through 28 March 1973.  Appendix B shows during his service in Vietnam, campaign participation credit was awarded for the below 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 campaigns.  He participated in the following campaigns:

* Vietnam Counteroffensive Phase III, 1 June 1967 - 29 January 1968
* Tet Counteroffensive, 30 January - 1 April 1968
* Vietnam Counteroffensive Phase IV, 2 April - 30 June 1968
* Vietnam Counteroffensive Phase V, 1 July - 1 November 1968
* Vietnam Counteroffensive Phase VI, 2 November 1968 - 22 February 1969

14.  Department of the Army (DA) Pamphlet 672-3 (Unit Citations and Campaign Participation Credit) shows during his service with the Special Operations Augmentation (Command and Control North), 5th SFGA, this unit was cited for award of the Republic of Vietnam Gallantry Civil Actions Honor Medal First Class Unit Citation for service from 30 April 1968 to 24 September 1970 by DAGO Number 48, dated 1971.

15.  DAGO Number 8, dated 1974, announced award of the Republic of Vietnam Gallantry Cross Unit Citation with Palm Unit Citation for service in Vietnam to the following units:

* Headquarters, United States Military Assistance Command and its subordinate units during the period 8 February 1962 to 28 March 1973
* Headquarters, United States 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 Silver Star and three awards of the Bronze Star Medal, one of which was for heroism.  None of these awards are shown on his DD Form 214.  

2.  He was awarded the Vietnam Service Medal.  He also participated in five campaigns during his service in Vietnam.  He meets the criteria for award of one silver service star for wear on his already-awarded Vietnam Service Medal and to correction of his DD Form 214 to show this service star.

3.  SO awarded him the Marksman Marksmanship Qualification Badge with Machine Gun Bar (M-60) and the Expert Marksmanship Qualification Badge with Rifle Bar (M-16).  Neither badge is listed on his DD Form 214. 

4.  His unit in Vietnam was awarded the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation and Republic of Vietnam Gallantry Cross with Palm Unit Citation during his period of assignment.  Neither unit award is listed on his DD Form 214.

5.  He met the criteria for award of the Army Good Conduct Medal by serving honorably from 18 July 1966 through 19 February 1969, serving in Vietnam, attaining the rank/grade of SGT/E-5, receiving multiple valor awards, 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.

6.  Item 11d of his DD Form 214 is blank.  His separation date (19 July 1969) was inadvertently omitted.  

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:

* deleting "NA" from item 11d of his DD Form 214 for the period ending 19 February 1969 and adding the entry 19 February 1969 
* awarding him the Army Good Conduct Medal (1st Award) for exemplary behavior, efficiency, and fidelity during the period 18 July 1966 through 19 February 1969
* deleting from item 24 of his DD Form 214 the Vietnam Service Medal and adding to item 24: 

* Army Good Conduct Medal (1st Award)
* Silver Star
* Bronze Star Medal (3rd Award) with "V" Device 
* Vietnam Service Medal with silver service star
* Marksman Marksmanship Qualification Badge with Machine Gun Bar (M-60)
* Expert Marksmanship Qualification Badge with Rifle Bar (M-16)
* Republic of Vietnam Gallantry Civil Actions Honor Medal First Class 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)                                         AR20150003135





3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20150003135



6


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1