RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  24 April 2008
	DOCKET NUMBER:  AR20070014068 


	I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual.




Director



Analyst
      The following members, a quorum, were present:




Chairperson



Member



Member
	The Board considered the following evidence:

	Exhibit A - Application for correction of military records.

	Exhibit B - Military Personnel Records (including advisory opinion, if any).



THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests, in effect, that his records be corrected to show award of the Bronze Star Medal and the Bronze Star Medal with "V" Device.

2.  The applicant states, in effect, that he received the Purple Heart and knows he received the Bronze Star Medal.  

3.  The applicant provided a letter from his company commander, dated 14 November 2005; a log; a map; and General Orders Number 8939, dated 1 September 1969 in support of this application.

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 record shows he was inducted into the Army and entered active duty on 5 April 1968.  The applicant was trained in, awarded and served in military occupational specialty (MOS) 11B (Light Weapons Infantryman) and the highest rank he attained while serving on active duty was sergeant (SGT)/Pay Grade E-5.  

3.  The applicant's DD Form 214 (Armed Forces of The United States Report of Transfer or Discharge) shows that on 14 March 1970, the applicant was honorably released from active duty and transferred to the United States Army Reserve.  

4.  Item 24 (Decoration, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 does not show award of the Bronze Star Medal or the Bronze Star Medal with "V" Device. 

5.  The applicant's Enlisted Qualification Record (DA Form 20) shows he served in the Republic of Vietnam during the period 19 March 1969 through 12 March 1970.  

6.  Item 38 (Record of Assignments) of the applicant's DA Form 20 shows he served in the Republic of Vietnam with the 23rd Adjutant General Administrative Company during the period 22 March 1969 through 4 April 1969; and the 4th Battalion, 21st Infantry of the 11th Infantry Brigade during the period 5 April 1969 through 12 March 1970.  

7.  Headquarters, Americal Division General Orders Number 2478, dated 14 March 1970, awarded the applicant the Bronze Star Medal for meritorious service in connection with military operations against a hostile force during the period March 1969 through April 1970. 

8.  There are no general orders in the applicant's record that show he was awarded the Bronze Star Medal with "V" Device.

9.  The applicant provided a letter sent to him from his former company commander, dated 14 November 2005, which included a log of events, and a map of the unit's location.  The former company commander acknowledged that on 29 May 1969, while under intense hostile fire, he carried the applicant on his back out of a hostile area to the safety of a medic unit.  

10.  The applicant also provided a copy of General Orders Number 8939, dated
1 September 1969, which award his former company commander the Bronze Star Medal with "V" Device (4th Oak Leaf Cluster) for exceptionally valorous actions on 29 May 1969.  

11.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that 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.  Recommendations must be made within 2 years of the event or period of service and the award must be made within 3 years.  

12.  Army Regulation 600-8-22 (Military Awards), provides, in pertinent part, that the Bronze Star Medal with "V" Device indicates acts of heroism involving conflict with an armed enemy and authorizes the bronze "V" device in conjunction with awards of the Army Commendation Medal, the Air Medal, and the Bronze Star Medal.  Although more than one award of the Army Commendation Medal or the 

Air Medal or the Bronze Star Medal may be made for heroism to the same person, the regulation provides that only one "V" device may be worn on awards of the Army Commendation Medal, or the Air Medal, or the Bronze Star Medal for heroism.

13.  Review of the applicant's record indicates entitlement to additional awards and decorations that are not shown on his DD Form 214.

14.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in the Republic of Vietnam.  This document shows that, at the time of the applicant's assignment to the 4th Battalion, 21st Infantry of the 11th infantry Brigade in the Republic of Vietnam, the unit was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation by Headquarters Department of the Army General Orders Number 42 dated 1972.

15.  The applicant's record shows that he was awarded the Vietnam Service Medal.  However, his DD Form 214 does not show any bronze service stars indicating campaign credit.  His records indicate he participated in the Tet 69 Counteroffensive, 1969; the Vietnam Summer-Fall 1969; and the Vietnam Winter-Spring 1970 campaigns.

16.  Appendix B of Army Regulation 600-8-22 lists the Republic of Vietnam campaigns.  During the applicant's tour of duty in the Republic of Vietnam credit was awarded for participation in three 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.

17.  There is no evidence the applicant received the first award of the Good Conduct Medal.  There also is no evidence the applicant was disqualified by his chain of command from receiving the Good Conduct Medal.  His records do not contain any adverse information and item 38 of the applicant's DA Form 20 also shows that all of his recorded conduct and efficiency ratings were excellent.

18.  Army Regulation 600-8-22 provides, in pertinent part, that the Good Conduct Medal is awarded to individuals who distinguish themselves by their conduct, efficiency and fidelity during a qualifying period of active duty enlisted service.  This period is 3 years except in those cases when the period for the first award ends with the termination of a period of Federal military service.  Although there is no automatic entitlement to the Good Conduct Medal, disqualification must be justified.

19.  Title 10 of the United States Code, section 1130 (10 USC 1130) provides the legal authority for consideration of proposals for decorations not previously submitted in timely fashion.  It allows, in effect, that upon the request of a Member of Congress, the Secretary concerned shall review a proposal for the award or presentation of a decoration (or the upgrading of a decoration), either for an individual or a unit, that is not otherwise authorized to be presented or awarded due to limitations established by law or policy for timely submission of a recommendation for such award or presentation.  Based upon such review, the Secretary shall make a determination as to the merits of approving the award or presentation of the decoration.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that he is entitled to award of the Bronze Star Medal and the Bronze Star Medal with "V" Device for his service in the Republic of Vietnam.

2.  While the available evidence is insufficient for awarding the applicant a Bronze Star Medal with "V" Device, this in no way affects the applicant’s right to pursue his claim for the Bronze Star Medal with "V" Device by submitting a request through his Member of Congress under the provisions of 10 USC 1130.

3.  General Orders awarded the applicant the Bronze Star Medal for meritorious service in connection with military operations against hostile forces while in the Republic of Vietnam during the period March 1969 to April 1970.  Therefore, the applicant is entitled to have his record corrected to show this award.

4.  General Orders awarded the applicant’s unit the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  Therefore, the applicant is entitled to have his records corrected to show this foreign unit award.

5.  Records show that the applicant participated in the three campaigns during his service in Vietnam and is eligible for award of three bronze service stars to be affixed to his already-awarded Vietnam Service Medal.  Therefore, the applicant is entitled to have his DD Form 214 corrected to show this award.

6.  The applicant is entitled to the first award of the Good Conduct Medal for the period 5 April 1968 through 14 March 1970 based on completion of a period of qualifying service ending with the termination of a period of Federal military service.  Therefore, he is entitled to correction of his record to show this award.


BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

_JNS____  __WDP_  _LCB____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

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 showing award of the Bronze Star Medal; the Republic of Vietnam Gallantry Cross with Palm Unit Citation; award of three bronze service stars to be affixed to his already-awarded Vietnam Service Medal, and awarding and showing the Good Conduct Medal for the period 5 April 1968 through 14 March 1970.

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 award of the Bronze Star Medal with "V" Device.




              	____JNS____
                		CHAIRPERSON

ABCMR Record of Proceedings (cont)                                         AR20070014068



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DEPARTMENT OF THE ARMY
BOARD FOR CORRECTION OF MILITARY RECORDS
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