IN THE CASE OF:	   

		BOARD DATE:	  8 October 2015

		DOCKET NUMBER:  AR20150003369 


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 his already-awarded Bronze Star Medal with "V" Device and Bronze Star Medal (2nd Award).

2.  The applicant states, in effect, his awards were mistakenly left off of his 
DD Form 214.

3.  The applicant provides:

* DD Form 214
* General Orders (GO) Number 744, dated 18 January 1970, issued by Headquarters, Americal Division
* two award certificates for the Bronze Star Medal
* GO Number 7562, dated 30 June 1970, issued by Headquarters, Americal Division
* Citation, Bronze Star Medal, for the period 1 January 1970 to 30 April 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's records show he was inducted into the Army of the United States on 12 February 1969.  He was honorably released from active duty on 24 December 1970.

3.  His DD Form 214 shows he completed 1 year, 10 months, and 13 days of net active creditable service.  

	a.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) lists the following:

* National Defense Service Medal
* Vietnam Service Medal
* Combat Infantryman Badge
* Republic of Vietnam Campaign Medal with Device (1960)
* Army Commendation Medal (1st Award)
* two overseas service bars
* Expert Marksmanship Qualification Badge with Rifle Bar (M-14)

	b.  Item 30 (Remarks) lists service in Vietnam from 24 July 1969 to 23 July 1970.  This reflects he has qualifying service for four campaigns:

* Vietnam Summer - Fall 1969 (9 June 1969 to 31 October 1969)
* Vietnam Winter - Spring 1970 (1 November 1969 to 30 April 1970)
* Sanctuary Counteroffensive (1 May 1970 to 30 June 1970)
* Vietnam Counteroffensive Phase VII (1 July 1970 to 30 June 1971)

4.  His service record contains a DA Form 20 (Enlisted Qualification Record) which shows:

	a.  Item 38 (Record of Assignments) lists the units to which he was assigned and also shows his conduct and efficiency ratings at each unit of assignment.  It indicates, throughout his military service, he received only excellent ratings for conduct and efficiency.  Also, while in Vietnam, he was assigned to two units:

* Company A, 1st Battalion, 52nd Infantry Regiment, 198th Infantry Brigade
* Company B, 1st Battalion, 52nd Infantry Regiment, 198th Infantry Brigade

	b.  Item 41 (Awards and Decorations) does not show the award of a Bronze Star Medal with "V" Device or the Bronze Star Medal (2nd Award).  

5.  In his service record are the following documents:

	a.  GO Number 12642 dated 14 December 1969, issued by Headquarters, Americal Division, shows the applicant was awarded the Army Commendation Medal with "V" Device for heroism performed on 1 December 1969.

	b.  GO Number 7912 dated 4 July 1970, issued by Headquarters, Americal Division, shows the award of the Army Commendation Medal (2nd Oak Leaf Cluster (3rd Award)) given to the applicant for the period July 1969 to July 1970.

	c.  DA Form 1577 (Authorization for Issuance of Awards), dated 17 April 1971, shows the applicant had been awarded the Bronze Star Medal (1st Oak Leaf Cluster (2nd Award)).

6.  The applicant provides:

	a.  GO Number 744, dated 18 January 1970, issued by Headquarters, Americal Division, shows the award of the Bronze Star Medal with "V" Device to the applicant for heroism performed on 20 December 1969.

	b.  GO Number 7562, dated 30 June 1970, issued by Headquarters, Americal Division, reflects that the Bronze Star Medal (2nd Award) was awarded to the applicant for service from 1 January to 20 April 1970.

7.  Army Regulation 600-8-22 (Military Awards) states a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign. 

8.  Army Regulation 672-5-1 (Awards), in effect at the time, 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.  There must have been no convictions by a court-martial.  

9.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam.  This pamphlet shows all units in Vietnam were awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation based on Department of the Army General Order Number 8, dated 1974.

DISCUSSION AND CONCLUSIONS:

1.  GO awarded him the Bronze Star Medal (2nd Award) with "V" Device.  These two awards are not listed on his DD Form 214.

2.  His records also provide evidence for further corrections of his DD Form 214.  Based upon the following, these awards should be added:

	a.  Army Commendation Medal with "V" Device and Army Commendation Medal (3rd Award).

* his DD Form 214 currently only shows an Army Commendation Medal (1st Award)
* GO Number 12642, dated 14 December 1969, issued by Headquarters, Americal Division, showed the applicant was awarded the Army Commendation Medal with "V" Device for heroism performed on 1 December 1969
* GO Number 7912, dated 4 July 1970, issued by Headquarters, Americal Division, shows the award of the Army Commendation Medal (2nd Oak Leaf Cluster (3rd Award)) (emphasis added) was given to the applicant for the period July 1969 to July 1970, suggesting there is a second award of the Army Commendation Medal for which orders are not available

	b.  He has qualifying service in Vietnam for four campaigns, but his DD Form 214 does not reflect any bronze service stars for his Vietnam service.  

	c.  All units in Vietnam were awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  This award is missing from his DD Form 214

3.  It appears his term of service met the criteria for award of the Army Good Conduct Medal (1st Award) during the period 12 February 1969 through 24 December 1970.  It would be appropriate to award him this medal and correct his DD Form 214 to show this award.  His records reveal the following:

* there is no derogatory information in his available record
* he received all "excellent" ratings for conduct and efficiency throughout his term of service

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 12 February 1969 through 24 December 1970.

	b.  Deleting the following awards from item 24 of his DD Form 214:

* Army Commendation Medal (1st Award)
* Vietnam Service Medal

	c.  Adding the following awards to item 24 of his DD Form 214:

* Bronze Star Medal (2nd Award) with "V" Device
* Army Commendation Medal (3rd Award) with "V" Device
* Army Good Conduct Medal (1st Award)
* Vietnam Service Medal with four 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)                                         AR20150003369



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20150003369



5


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1