IN THE CASE OF:	  

	BOARD DATE:	  26 June 2008

	DOCKET NUMBER:  AR20080001472 


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 award of the Bronze Star Medal.  

2.  The applicant states that his DD Form 214 does not show all of his citations.  

3.  The applicant provides no additional documents in support of his 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 was inducted into the Army of the United States on 9 November 1966.  At the completion of basic combat training and advanced individual training, he was awarded military occupational specialty 11B (light weapons infantryman).  He was assigned to Vietnam on 27 January 1968 with Company C, 2nd Battalion, 27th Infantry.

3.  He was promoted to sergeant, E-5 on 1 April 1968.  

4.  Headquarters, 25th Infantry Division, General Orders Number 7275, dated 15 October 1968, awarded the applicant the Bronze Star Medal for meritorious service during the period November 1967 to November 1968.

5.  The applicant departed Vietnam in October 1968 and was credited with participation in the Vietnam Counteroffensive Phase III Campaign, the Tet Counteroffensive Campaign, the Vietnam Counteroffensive Phase IV Campaign, and the Vietnam Counteroffensive Phase V Campaign.  

6.  The applicant was released from active duty on 28 October 1968.  He completed 1 year, 11 months, and 20 days of active military service with no days of lost time.  His DA Form 20 (Enlisted Qualification Record) shows he received conduct and efficiency ratings of "excellent" throughout his service.

7.  His DD Form 214 shows the Sharpshooter Marksmanship Qualification Badge, the Vietnam Service Medal, the Combat Infantryman Badge, the National Defense Service Medal, and the Republic of Vietnam Campaign Medal as authorized awards.

8.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows that, at the time of the applicant’s assignment to the 2nd Battalion, 27th Infantry, this unit was cited for award of the Valorous Unit Award by Department of the Army General Orders Number 36, dated 1970.

9.  Department of the Army Pamphlet 672-3 shows that, at the time of the applicant’s assignment to the 2nd Battalion, 27th Infantry, this unit was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation by Department of the Army General Orders Number 48, dated 1971.

10.  Department of the Army Pamphlet 672-3 shows that, at the time of the applicant’s assignment to the 2nd Battalion, 27th Infantry, this unit was cited for award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation by Department of the Army General Orders Number 51, dated 1971.

11.  Army Regulation 672-5-1, in effect at the time, provided policy and criteria concerning individual military decorations.  It stated that 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 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.  At the time, a Soldier's conduct and efficiency ratings must have been rated as "excellent" for the entire period of qualifying service.

12.  Army Regulation 600-8-22 (Military Awards), in pertinent part, authorizes award of a bronze service star, based on qualifying service, for each campaign listed in Appendix B of this regulation and states that authorized bronze service stars will be worn on the appropriate service medal.

DISCUSSION AND CONCLUSIONS:

1.  General orders show the applicant was awarded the Bronze Star Medal for meritorious service from November 1967 to November 1968.  Therefore, the Bronze Star Medal should be added to his DD Form 214.

2.  It appears that the applicant has met the regulatory requirements for the first award of the Army Good Conduct Medal for a qualifying period from 9 November 1966 through 28 October 1968.

3.  The applicant was assigned to a unit during a period it was awarded the Valorous Unit Award, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.  Therefore, these awards should be added to his DD Form 214.

4.  The applicant’s DD Form 214 currently reflects the Vietnam Service Medal.  However, he received credit for participation in four campaigns during the Vietnam War.  Therefore, his DD Form 214 should be amended to reflect four bronze service stars for wear on his Vietnam Service Medal.

BOARD VOTE:

xx______  xx______  xx______  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 for the period 9 November 1966 through 28 October 1968; and 

	b.  amending his DD Form 214 to add award of the Bronze Star Medal, the Army Good Conduct Medal, the Valorous Unit Award, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, and four bronze service stars for wear on his already-awarded Vietnam Service Medal.




      xxxxxxxxxx__   ___
       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)                                         AR20080001472





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ABCMR Record of Proceedings (cont)                                         AR20080001472



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