AR20160001737

IN THE CASE OF:

BOARD DATE: 10 May 2016

DOCKET NUMBER: AR20160001737

BOARD VOTE:

_________ _______ ________ GRANT FULL RELIEF

____X____ ____X__ ____X___ GRANT PARTIAL RELIEF

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION

2Enclosures
1. Board Determination/Recommendation
2. Evidence and Consideration

IN THE CASE OF:

BOARD DATE: 10 May 2016

DOCKET NUMBER: AR20160001737

BOARD DETERMINATION/RECOMMENDATION:

1. The Board determined that the evidence presented was sufficient to warrant a recommendation for partial 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 (1stAward) for the period
6 December 1966 through 9 December 1968
* deleting from his DD Form 214 the Vietnam Service Medal with 2 bronze service stars and adding the:

* Army Good Conduct Medal (1stAward)
* Bronze Star Medal
* Vietnam Service Medal with one silver service star
* Meritorious Unit Commendation
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Expert Marksmanship Qualification Badge with Rifle Bar (M-16)
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)

2. The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief. As a result, the Board recommends denial of so much of the application that pertains to reissuing a citation for the Bronze Star Medal.

____________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.

IN THE CASE OF:

BOARD DATE: 10 May 2016

DOCKET NUMBER: AR20160001737

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. He also requests to be issued a citation.

2. The applicant states:

* he was awarded the Bronze Star Medal but it is not listed on his DD Form 214; he was separated on temporary records
* he was retained in the Army for 5 days past his separation date because they could not find his records
* he sent for his records and discovered the award is not listed on his
DD Form 214
* they did not send him a citation and he would like to have one if possible

3. The applicant provides:

* Congressional correspondence
* General Orders (GO) Number 11507
* DD Form 214

CONSIDERATION OF EVIDENCE:

1. Title10, U.S.Code, section1552(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. The applicant was inducted into the Army of the United States on 6 December 1966 and he held military occupational specialty 95B (Military Police (MP)).

3. Special Orders (SO) Number 26, issued by Headquarters, U.S. Army Training Center, Fort Benning, GA on 31 January 1967 awarded him the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14).

4. SO Number 230, issued by Headquarters, 503rd MP Battalion, Fort Bragg, NC, awarded him the Expert Marksmanship Qualification Badge with Rifle Bar (M-16) and item 29 (Qualifications in Arms) of his DA Form 20 (Enlisted Qualification Record) confirms he qualified as an expert with the M-16 rifle on 8December 1967.

5. He served in Vietnam from on or about 1 January to 28 November 1968. He was assigned to the 545th MP Company, 1st Cavalry Division.

6. GO Number 11507, issued by Headquarters, 1st Cavalry Division, on 31August 1968, awarded him the Bronze Star Medal for service.

7. He was honorably released from active duty in the rank/grade of specialist four (SP4)/E-4 on 9 December 1968. He completed 2 years and 5 days of active service with no lost time. His DDForm214 shows he was awarded or authorized:

* National Defense Service Medal
* Vietnam Service Medal with 2 bronze service stars
* Vietnam Campaign Medal with Device (1960)
* A review of his service record shows no derogatory information such as lost time or court-martial conviction on file. Additionally, item38 (Record of Assignments) of his DAForm20 shows he received “excellent” conduct and efficiency ratings throughout his military service.

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

REFERENCES:

1. 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 3years 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.

2. Army Regulation 600-8-22 (Military Awards) provides for award of the Vietnam Service Medal. Appendix B lists all campaigns during the Vietnam War. This same regulation states that a bronze service star is awarded for wear on the Vietnam Service Medal for participation in each campaign. A silver service star denotes five bronze service stars. During the applicants service in Vietnam, campaign participation credit was awarded for:

* 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

3. Department of the Army (DA) Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows during his service with the 545th MP Company, his unit was cited for award of the:

* Meritorious Unit Commendation, for service from 1 January to 31 October 1968 by DAGO Number 51, dated 1971
* Republic of Vietnam Gallantry Cross with Palm Unit Citation for service from 9 August 1965 to 19 May 1969 by DAGO Number 43, dated 1970

DISCUSSION:

1. GO awarded him the Bronze Star Medal. This award is not listed on his
DD Form 214. It should be added. The citation is issued by the award approval authority. It is not in the available record and there is no provision for replacement of the citation.

2. He was awarded the Vietnam Service Medal. He also participated in five campaigns, not two, during his service in Vietnam. He meets the criteria for award of a silver service star 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 6 December 1966 through 9 December 1968, attaining the rank/grade of SP4/E-4, 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 Meritorious Unit Commendation and Republic of Vietnam Gallantry Cross with Palm Unit Citation during his period of assignment. These unit awards are not listed on his DD Form 214.

5. SO awarded him the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14) and Expert Marksmanship Qualification Badge with Rifle Bar (M-16). These badges are not listed on his DD Form 214.

//NOTHING FOLLOWS//
ABCMR Record of Proceedings AR20150000953

Enclosure 1

ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS

ABCMR Record of Proceedings (cont) AR20160001737

2

ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS

Enclosure 1

ABCMR Record of Proceedings (cont) AR20160001737

4

ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS

Enclosure 2