AR20130011437

IN THE CASE OF:

BOARD DATE: 8 April 2014

DOCKET NUMBER: AR20130011437

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 DDForm214 (Armed Forces of the United States Report of Transfer or Discharge) to show his Bronze Star Medal with “V” Device and 1st Oak Leaf Cluster.

2. The applicant makes no additional contentions.

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 3years 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. On 8 April 1969, the applicant was inducted into the Army of the United States. He completed advanced individual training as a light weapons infantryman and basic airborne training.
3. The applicant’s DA Form 20 (Enlisted Qualification Record) shows in:

a. item31 (Foreign Service) Vietnam (Republic of Vietnam (RVN)) from 8November 1969 through 5November 1970;

b. item 33 (Appointments and Reductions):

* promotion to sergeant/pay grade E-5 on 8 January 1971
* no reductions

c. item 38 (Record of Assignments):

* service in the RVN with Company D, 2d Battalion (Airborne), 503rd Infantry, 173d Airborne Brigade
* “Excellent” conduct and efficiency ratings throughout his active duty service except for ratings of “Good” during his brief (December 1970 to April 1971) assignment to A Company, 3d Battalion, 325th Infantry, 82d Airborne Division, Fort Bragg, NC

d. item41 (Awards and Decorations):

* National Defense Service Medal
* Parachutist Badge
* Vietnam Service Medal
* Bronze Star Medal with “V” Device (General Orders Number 255, Headquarters, 172d Airborne Brigade, dated 10 February 1970)
* Combat Infantryman Badge
* two Overseas Service Bars
* RVN Campaign Medal with Device (1960)
* Air Medal
* Army Commendation Medal
* Bronze Star Medal with 1st Oak Leaf Cluster
* Marksman Marksmanship Qualification Badge with Rifle and Machinegun Bars

4. Except for the Bronze Star Medal with “V” Device, appropriate special or general orders for all the above awards to include the Expert Marksmanship Qualification Badge for the M-14 Rifle are contained in his official record.

5. The applicant’s DDForm214 shows he was honorably released from active duty on 7 April 1971 and transferred to the U.S.Army Reserve Control Group (Reinforcement) in the rank of sergeant. He had completed 2years of active service. Item24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) shows:

* National Defense Service Medal
* Parachutist Badge
* Vietnam Service Medal
* Bronze Star Medal
* Combat Infantryman Badge
* RVN Campaign Medal with Device (1960)
* Army Commendation Medal

6. The Awards and Decorations Computer-Assisted Retrieval System, an index of Vietnam Era general orders maintained by the Military Awards Branch of the Army Human Resources Command, contains no award orders pertaining to the applicant.

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 qualifying period of active duty enlisted service. This period was 3years 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. Ratings of “unknown” for portions of the period under consideration were not disqualifying. There must have been no convictions by a court-martial.

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

a. The Vietnam Service Medal is awarded to all members of the Armed Forces of the United States for qualifying service in Vietnam after 3July 1965 through 28March 1973. A bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each credited campaign.

b. TableB-1 contains a list of Vietnam Conflict campaigns. The applicant’s service in Vietnam coincides with the following four campaign periods:

* 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)
* Consolidation I (1 July – 30 November 1971

9. Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows that DAGO Number8 (1974) awarded the RVN Gallantry Cross with Palm Unit Citation to Headquarters, U.S. Army Vietnam and subordinate units during the period 20 July 1965 to 28 March 1973.

DISCUSSION AND CONCLUSIONS:

1. The applicant contends his DDForm214 should list the Bronze Star Medal with “V” Device and Oak Leaf Cluster.

2. Records show the applicant was awarded the Bronze Star Medal with “V” Device and the Bronze Star Medal with 1st Oak Leaf Cluster that are not properly displayed on his DD Form 214. He was also awarded an Air Medal and marksmanship qualification badges that are not listed on the DD Form 214.

3. The evidence of record also shows:

a. the applicant served during four campaign periods and is entitled to four bronze service stars for wear on his already-awarded Vietnam Service Medal; and

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

4. The applicant was not awarded the Army Good Conduct Medal, but he served a period of continuous, honorable active duty enlisted service from 8 April 1969 through 7 April 1971:

a. there is no evidence of any disciplinary action, adverse information, or
b. +commander’s disqualification for the first award of the Army Good Conduct Medal;

b. he had all “Excellent” conduct and efficiency ratings except during the short final assignment at Fort Bragg where he received ratings of “Good” for the same period in which he was promoted to sergeant (pay grade E-5) within 21 months of service and received two awards of the Bronze Star Medal (one with “V” Device); and

c. despite the “Good” ratings and the absence of the unit commander’s recommendation, based on the available evidence, it would be appropriate to award the applicant the Army Good Conduct Medal as an exception to polisy.

5. Therefore, it would be appropriate to correct the applicant’s DD Form 214 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 (1stAward) for the period
8 April 1969 through 7 April 1971- (Standard Name Line: Sergeant ACompany, 3d Battalion, 325th Infantry, 82d Airborne Division, Fort Bragg, NC;

b. correcting his DD Form 214 by deleting the Bronze Star Medal and the Vietnam Service Medal from the awards currently listed; and

c. adding to his authorized awards the:

* Bronze Star Medal with “V” Device and Oak Leaf Cluster
* Air Medal
* Army Good Conduct Medal
* Vietnam Service Medal with four bronze service stars
* RVN Gallantry Cross with Palm Unit Citation
* Expert Marksmanship Qualification Badge with Rifle (M-14) Bar
* Marksman Marksmanship Qualification Badge with Rifle (M-16) and Machinegun 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) AR20130013431

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ABCMR Record of Proceedings (cont) AR20130011437

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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

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