IN THE CASE OF:	  

	BOARD DATE:	 
	DOCKET NUMBER:  AR20080000886 


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, in effect, that his records be corrected to show that he was awarded the Bronze Star Medal, the Army Commendation Medal, and the Army Good Conduct Medal. 

2.  The applicant states, in effect, that the aforementioned awards are not listed or recorded on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge). 

3.  The applicant provides a copy of orders awarding him the Bronze Star Medal, the Army Commendation Medal, and the Army Good Conduct Medal and a copy of his DD Form 214 in support of his request.

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 on 12 March 1968.  He was honorably discharged on 14 March 1968, for immediate reenlistment.  He enlisted in the Regular Army on 15 March 1968.  He was trained as a Tank Turret Repairman, in military occupational specialty (MOS), 45K.  

3.  The applicant was promoted to SP5/E-5 effective 1 August 1969.  He served in Vietnam from 20 August 1968 to 16 August 1969, which equated to 11 months and 27 days.  He served until he was honorably released from active duty on 12 March 1971.  

4.  The applicant’s DD Form 214 shows he was awarded the Vietnam Service Medal; the Sharpshooter Marksmanship Qualification Badge, with Rifle Bar; and the National Defense Service Medal.  His DD Form 214 does not show any additional awards. 

5.  The applicant provided a copy of orders awarding him the Bronze Star Medal, for meritorious service, in connection with ground operations against a hostile force during the period 1 September 1968 to 30 April 1969.  This award is not shown on his DD Form 214.

6.  The applicant provided a copy of orders awarding him the Army Commendation Medal, for meritorious achievement, during the period 1 October 1968 to 28 February 1969.  This award is not shown on his DD Form 214.

7.  The applicant provided a copy of orders awarding him the Army Good Conduct Medal for the period 15 March 1968 to 14 March 1971.  This award is not shown on his DD Form 214.

8.  The applicant’s DD Form 214 shows his entitlement to the Vietnam Service Medal; however, it does not show the three bronze service star to which he is entitled for his campaign participation.  Army Regulation 600-8-22 provides that a
bronze service star is authorized for the Vietnam Service Medal for participation in each campaign. 

9.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, for award of the Republic of Vietnam Campaign Medal.  This medal was awarded by the Government of Vietnam to all members of the Armed Forces of the United States for qualifying service in Vietnam during the period 1 March 1961 through 28 March 1973.  Qualifying service included assignment in Vietnam for 6 months or more.  Qualifying service outside the geographical limits of the Republic of 



Vietnam required the individual to provide direct combat support to the Republic of Vietnam and Armed Forces.  Individuals who had qualified for award of the Vietnam Service Medal or the Armed Forces Expeditionary Medal and were evacuated prior to completing six months of service due to wounds resulting from hostile action were entitled to award of the Republic of Vietnam Campaign Medal.

10.  Department of the Army Pamphlet 672-3 shows that the applicant's unit was cited for award of the Meritorious Unit Commendation, by Department of the Army General Orders (DAGO) Number 39, dated 1970; the Republic of Vietnam Civil Actions Honor Medal, First Class Unit Citation, by Department of the Army General Orders (DAGO) Number 48, dated 1971; and the Republic of Vietnam Gallantry Cross, with Palm, Unit Citation, by DAGO Number 8, dated 1974; while he was assigned to the unit.  

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows that the applicant was awarded the Bronze Star Medal, the Army Commendation Medal, and the Army Good Conduct Medal. He is therefore entitled to correction of his records to show these already-awarded awards.

2.  The evidence shows that the applicant completed 11 months and 27 days of qualifying service in Vietnam for award of the Republic of Vietnam Campaign Medal, with "1960" Device.  Therefore, he is entitled to correction of his records to show this award.

3.  The applicant's DD Form 214 shows that he was awarded the Vietnam Service Medal.  While in Vietnam, he participated in three campaigns and he is therefore, entitled to be awarded three bronze service stars to be affixed to his already-awarded Vietnam Service Medal.

4.  The applicant's unit was cited for award of the Meritorious Unit Commendation; the Republic of Vietnam Gallantry Cross, with Palm, Unit Citation; and the Republic of Vietnam Civil Actions Honor Medal, First Class, Unit Citation, at the time he was a member of the unit.  He is, therefore entitled to correction of his records to show these unit awards.






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.  adding the already-awarded Bronze Star Medal, the Army Commendation Medal, and the Army Good Conduct Medal, to the applicant's DD Form 214; and

      b.  by awarding the applicant the Vietnam Service Medal, with three bronze service stars; the Republic of Vietnam Campaign Medal, with "1960" Device; the Meritorious Unit Commendation; the Republic of Vietnam Gallantry Cross, with Palm, Unit Citation; and the Republic of Vietnam Civil Actions Honor Medal, First Class, Unit Citation and adding these awards to his DD Form 214.




       _    ___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)                                         AR20080000886



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ABCMR Record of Proceedings (cont)                                         AR20080000886



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