IN THE CASE OF:	  

		BOARD DATE:	        11 SEPTEMBER 2008

		DOCKET NUMBER:  AR20080003616 


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 records to show award of the Bronze Star Medal.

2.  The applicant states, in effect, that the award was left off his records due to an administrative oversight. 

3.  The applicant provides a copy of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), dated 7 May 1973; and a copy of General Orders Number 1113, dated 6 April 1972, awarding him the Bronze Star Medal, 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's records show he enlisted in the Regular Army for a period of 3 years on 6 August 1970.  He completed basic combat and advanced individual training and was awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman).  The highest rank/grade he attained during this period of military service was sergeant (SGT)/E-5.  He was honorably released from active duty and transferred to the U.S. Army Reserve (USAR) Control Group on 7 May 1973.

3.  The applicant’s records show he served in the Republic of Vietnam during the period 17 September 1971 to 21 April 1972.  He was assigned to Company C, 1st Battalion, 7th Cavalry, 3rd Brigade (Separate), 1st Cavalry Division. 

4.  Item 24 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of the applicant’s DD Form 214 shows he was awarded the National Defense Service Medal, the Army Commendation Medal with “V” Device, the Republic of Vietnam Campaign Medal with Device (1960), the Combat Infantryman Badge, one Overseas Service Bar, the Vietnam Service Medal with one bronze service star, and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16).  Item 24 does not show award of the Bronze Star Medal.

5.   Headquarters, 3rd Brigade (Separate), 1st Cavalry Division, General Orders Number 1113, dated 6 April 1972, show the applicant was awarded the Bronze Star Medal for meritorious service in connection with ground operations against a hostile force in the Republic of Vietnam, from September 1971 to April 1972.

6.  Review of the applicant's records indicates entitlement to additional awards that are not shown on his DD Form 214.

7.  Headquarters, 3rd Brigade (Separate), 1st Cavalry Division, General Orders Number 2247, dated 16 November 1971, show the applicant was awarded the Army Commendation Medal with “V” Device, for heroism in connection with ground operations against a hostile force in the Republic of Vietnam, on 30 October 1971.

8.  Headquarters, 3rd Brigade (Separate), 1st Cavalry Division, General Orders Number 297, dated 8 February 1972, show the applicant was awarded a second Army Commendation Medal with “V” Device, for heroism in connection with ground operations against a hostile force in the Republic of Vietnam, on 28 January 1972.



9.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows that the 1st Battalion, 7th Cavalry, was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation, from 17 September 1965 to 30 June 1972, based on Department of the Army General Orders Number 54, dated 1974.

10.  Item 24 (Decoration, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 shows he was awarded the Vietnam Service Medal.

11.  Appendix B of Army Regulation 600-8-22 (Military Awards) shows that the applicant participated in the Consolidation I (1 July 1971 to 30 November 1971), the Consolidation II (1 December 1971 to 29 March 1972), and the Vietnam Cease Fire (30 March 1972 to 28 January 1973) campaigns during his tour of duty in the Republic of Vietnam.  This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.

12.  A review of the applicant's service record shows no derogatory information that would disqualify him for the first award of the Good Conduct Medal.  Furthermore, Item 38 (Record of Assignments) of the applicant's DA Form 20 (Enlisted Qualification Record) shows his conduct and efficiency ratings were "Excellent" throughout his period of service. 

13.  Army Regulation 672-5-1 (Military Awards), in effect at the time, provides that the Good Conduct Medal is awarded to individuals who have completed a qualified 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.  The enlisted person must have had all “excellent” conduct and efficiency ratings and no convictions by a court-martial.  Ratings of "Unknown" for portions of the period under consideration are not disqualifying.  Service and efficiency ratings based upon academic proficiency of at least "Good" rendered subsequent to 22 November 1955 are not disqualifying.

14.  Army Regulation 600-8-22 (Military Awards) states, in pertinent part, that the first oak leaf cluster is awarded to denote the second and succeeding awards of certain decorations, among which is the Army Commendation Medal.

15.  Army Regulation 600-8-22 also provides, in pertinent part, that the bronze “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.  Although more than one award of the Army Commendation Medal may be made for heroism to the same person, the regulation provides that only one “V” device may be worn on award of the Army Commendation Medal for heroism.

DISCUSSION AND CONCLUSIONS:

1.  General Orders show the applicant was awarded the Bronze Star Medal for meritorious service in connection with ground operations against a hostile force in the Republic of Vietnam, which is not shown on his records.  Therefore, he is entitled to correction of his records to show this award.

2.  General Orders show that the applicant was awarded two awards of the Army Commendation Medal with “V” Device for heroism in connection with ground operations against a hostile force in the Republic of Vietnam.  However, only one is shown on his records.  Therefore, he is entitled to correction of his records to show the Army Commendation Medal (1st Oak Leaf Cluster) with “V” Device. 

3.  General Orders awarded the applicant’s unit the Republic of Vietnam Gallantry Cross with Palm Unit Citation which is not shown on his records.  Therefore, he is entitled to correction of his records to show this unit award.

4.  The evidence of record shows the applicant was awarded the Vietnam Service Medal.  Additionally, records show the applicant participated in three campaigns while serving in the Republic of Vietnam.  However, he was credited with only one bronze service star.  Therefore, he is entitled to correction of his records to show award of three bronze service stars to be affixed to the Vietnam Service Medal.

5.  The evidence of record confirms that the applicant served honorably during the period 6 August 1970 to 7 May 1973.  Lacking any derogatory information on file that would have disqualified him, it would be appropriate to award the applicant the first award of the Good Conduct Medal based on completion of qualifying service ending with the termination of a period of Federal military service.  Therefore, he is entitled to correction of his records to show this award.








BOARD VOTE:

__XXX __  __XXX__  __XXX__   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 the applicant the Good Conduct Medal (1st Award) for exemplary behavior, efficiency, and fidelity during the period 6 August 1970 to 7 May 1973;

   b.  deleting the entries “Army Commendation Medal with “V” Device” and “Vietnam Service Medal with 1 Bronze Service Star” from Item 24 of the applicant’s DD Form 214, dated 7 May 1973; and
   
	c.  showing award of the Bronze Star Medal, the Army Commendation Medal (1st Oak Leaf Cluster) with "V" Device, the Vietnam Service Medal with three bronze service stars, the Good Conduct Medal (1st Award), and the Republic of Vietnam Gallantry Cross with Palm Unit Citation.



      ___        XXX                ___
                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)                                         AR20080003616



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ABCMR Record of Proceedings (cont)                                         AR20080003616



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