IN THE CASE OF:	  

		BOARD DATE:	  
		DOCKET NUMBER:  AR20080004638 


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 the already-awarded Bronze Star Medal be added to his DD Form 214, Armed Forces of the United States, Report of Transfer or Discharge.

2.  The applicant states, in effect, that the Bronze Star Medal was not entered on his DD Form 214 because allegedly, there was no room for it on the form.  He adds that he never realized that it was not on his record.  He has the medal and the certificate but it is not shown on his DD Form 214.

3.  In support of his application, the applicant submits a copy of a 1st Cavalry Division Vietnam Combat Certificate and a copy of an award certificate for the Bronze Star Medal which was awarded to him.

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 that he was inducted into the Army of the United States on 27 October 1966.  He completed his basic combat and his advanced individual training at Fort Jackson, South Carolina.  After completing all required training, he was awarded the military occupational specialty (MOS), 11B (Light Weapons Infantryman).

3.  The applicant served in Vietnam from 25 May 1967 through 21 May 1968, with Company C, 2nd Battalion, 7th Cavalry Regiment, 1st Cavalry Division (Airmobile).

4.  The applicant was honorably released from active duty, on 25 October 1968, under the provisions of Army Regulation (AR) 635-200, at the expiration of his term of service.  He was separated in the rank and pay grade of Sergeant, E-5.  On the date he was released from active duty, he had completed 1 year, 11 months, and 29 days active military service, with no time lost.

5.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized), of the applicant's DD Form 214, shows he was awarded:  the Air Medal, the National Defense Service Medal, the Vietnam Service Medal, the Republic of Vietnam Campaign Medal with Device (1960), the Combat Infantryman Badge, and two overseas service bars.  The Bronze Star Medal is not shown on the applicant's DD Form 214.

6.  There is no entry in Item 41 (Awards and Decorations), of the DA Form 20, showing that the applicant was awarded the Bronze Star Medal; however, orders available on the ADCARS (Awards and Decorations Computer-assisted Retrieval System) show the applicant was awarded the Bronze Star Medal, for meritorious service in connection with military operations against a hostile force, for the period May 1967 through May 1968, by General Orders Number 3034, published by Headquarters, 1st Cavalry Division (Airmobile), on 10 May 1968.  The Bronze Star Medal is not shown on the applicant's DD Form 214.

7.  The applicant's DD Form 214 shows his entitlement to the Vietnam Service Medal; however, it does not show the bronze service stars to which he is entitled for his campaign participation.

8.  While in Vietnam, the applicant participated in the following four campaigns of the Vietnam War:  the Vietnam Counteroffensive, Phase II, which extended from 1 July 1966 through 31 May 1967; the Vietnam Counteroffensive, Phase III, which extended from 1 June 1967 through 29 January 1968; the Tet Counteroffensive, which extended from 30 January through 1 April 1968; and the Vietnam Counteroffensive, Phase IV, which extended from 2 April through 30 June 1968.

9.  DA Pamphlet 672-3 shows that the applicant's unit, a subordinate unit of the United States Army, Vietnam, was awarded the Republic of Vietnam Gallantry Cross, with Palm, Unit Citation, for the period 20 July 1965 through 28 March 1973, by DAGO Number 8, dated 1974.  This unit award is not shown on the applicant's DD Form 214.

10.  The applicant was awarded the Expert Marksmanship Qualification Badge with Rifle Bar (M-14 Rifle) in Special Orders Number 7, Paragraph 1, published by Headquarters, 1st Training Brigade, Fort Jackson, South Carolina, on
10 January 1967.

11.  The applicant was awarded the Marksman Marksmanship Qualification Badge with Automatic Rifle Bar (XM-16E1 Rifle) in Special Orders Number 26, Paragraph 6, published by Headquarters, 3d Training Brigade, Fort Jackson, on 15 February 1967.

12.  Item 38 (Record of Assignments), of the applicant's DA Form 20, shows that he consistently received "excellent" conduct and efficiency ratings.  There is no evidence of any breach of good order or discipline in his service personnel record that would preclude award of the Good Conduct Medal.

13.  AR 672-5-1, in effect at the time of the applicant's separation provides 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.  To be eligible for award of the Good Conduct Medal, Soldiers must meet all of the following criteria:  all conduct (character) and efficiency ratings must be recorded as "Excellent" except that ratings of "Unknown" for portions of the period under consideration are not disqualifying.  Service school efficiency ratings based upon academic proficiency of at least "Good" rendered subsequent to 22 November 1955 are not disqualifying.

14.  AR 600-8-22, in pertinent part, authorizes award of a bronze service star, based on qualifying service, for each campaign listed in its Appendix B and states that authorized bronze service stars will be worn on the appropriate service medal, in this case, the Vietnam Service Medal.

15.  AR 670-1, chapter 29, prescribes policy and guidance for wear of U.S. and foreign unit awards.  This regulation states that a Soldier may wear the unit award permanently if the individual was assigned to, and present for duty with the unit any time during the period cited; or was attached by competent orders to, and present for duty with the unit during the entire period, or for at least thirty consecutive days of the period cited.

DISCUSSION AND CONCLUSIONS:

1.  The applicant was awarded the Bronze Star Medal, for meritorious service, in connection with military operations against a hostile force.  The Bronze Star Medal is not shown on the applicant's DD Form 214.  It would be appropriate to add this award to his DD Form 214 at this time.

2.  The applicant had "excellent" conduct and efficiency ratings throughout his time in the Army.  There is no evidence of indiscipline while he served on active duty.  The applicant was not awarded the Good Conduct Medal, it appears, more as a result of an administrative oversight rather than something that he did to disqualify himself from this award.  He is therefore eligible for award of the Army Good Conduct Medal for the period 27 October 1966 through 25 October 1968.

3.  The applicant served in four campaigns while he served in Vietnam.  He is therefore entitled to award of four bronze service stars to be affixed to his already-awarded Vietnam Service Medal and to have these four bronze service stars added to his DD Form 24.

4.  The applicant served in a unit which was awarded the Republic of Vietnam Gallantry Cross, with Palm, Unit Citation, while he was a member of the unit.  This unit award is not shown on his DD Form 214.  He is entitled to this unit award and to have it added to his DD Form 214 at this time.

5.  The applicant was awarded the Expert Marksmanship Qualification Badge with Rifle Bar, and the Marksman Marksmanship Qualification Badge with Automatic Rifle Bar, while he served on active duty.  These marksmanship badges are not shown on his DD Form 214.  The applicant is entitled to have these marksmanship qualification badges added to his DD Form 214.

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 to the applicant's DD Form 214;

      b.  awarding the applicant the Army Good Conduct Medal, for the period 27 October 1966 through 25 October 1968, and adding this award to his DD Form 214

      c.  awarding the applicant four bronze service stars to be affixed to his already-awarded Vietnam Service Medal, to denote his participation in four campaigns while he served in Vietnam, and to be shown on his DD Form 214 as the Vietnam Service Medal with four bronze service stars;
      
      d.  awarding the applicant the Republic of Vietnam Gallantry Cross, with Palm, Unit Citation, and adding this unit award to his DD Form 214; and

      e.  adding the already-awarded Expert Marksmanship Qualification Badge with Rifle Bar, and Marksman Marksmanship Qualification Badge, with Automatic Rifle Bar to the applicant’s 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)                                         AR20080004638





3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20080004638



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1