IN THE CASE OF:	  

		BOARD DATE:	  30 September 2008

		DOCKET NUMBER:  AR20080005299 


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, the first award of the Bronze Star Medal (BSM). 

2.  The applicant states, in effect, that in the awards and decorations section of his 201 file [Military Personnel Records Jacket], it shows that a BSM write up was forwarded as of 19 October 1968.  He never received any information on this award.

3.  The applicant provides the following documents in support of his application:  DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge); and BSM Orders, Certificate, and Citation for award of the BSM with “V” [for valor] Device.

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 that he was inducted into the Army of the United States and entered active duty on 1 August 1967.  He was trained in and awarded military occupational specialty (MOS) 11B (Light Weapon Infantryman), and sergeant pay grade E-5 is the highest rank he attained while serving on active duty.  

3.  The applicant's Enlisted Qualification Record (DA Form 20) shows that he served in the Republic of Vietnam (RVN) from 31 December 1967 through 
24 December 1968.  Item 38 (Record of Assignments) shows that during his RVN tour, he was assigned to the Company D, 4th Infantry Battalion, 196th Infantry Brigade (USARPAC), performing duties in MOS 11B as a Infantryman.  Item 38 shows that the applicant received no less than "Excellent" conduct and efficiency ratings at all of his active duty assignments.  Item 41 (Awards and Decorations) of the applicant's DA Form 20 shows the following awards: The National Defense Service Medal, the Vietnam Service Medal, the Combat Infantryman Badge, the Republic of Vietnam Campaign Medal with Device (1960), the Marksman Marksmanship Qualification Badge with Rifle Bar (M-16 and M-14), and the Sharpshooter Marksmanship Qualification Badge with Machinegun Bar (M-60).  Item 41 also contains the entry “Pending BSM; Fwd (Forward) 19 Oct[ober] [19]68.”

4.  General Orders Number 9528, published by Headquarters, Americal Division, dated 18 December 1968, awarded the applicant the BSM with “V” device for heroism in connection with military operations against a hostile force in the RVN on 17 November 1968.

5.  The applicant's MPRJ is void of any derogatory information or a unit commander disqualification that would have precluded the applicant from receiving the Army Good Conduct Medal (AGCM).

6.  On 31 July 1969, the applicant was honorably released from active duty on
1 August 1967 after completing 2 years of active military service, and transferred to the U.S. Army Reserve (USAR) Control Group (Annual Training) to complete his remaining military service obligation.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) shows he earned the following awards during his active duty tenure:  the National Defense Service Medal, Vietnam Service Medal, RVN Campaign Medal with Device (1960), Combat Infantryman Badge, Marksman Marksmanship 
Qualification Badge with Rifle Bar (M-16 and M-14), and the Sharpshooter Marksmanship Qualification Badge with Grenade Bar.  The BSM with “V” Device and the AGCM are not included in the list of awards.

7.  Army Regulation (AR) 635-5 (Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It establishes standardized policy for the preparation of the DD Form 214.  It states that, for Item 24, list awards and decorations for all periods of service in the priority sequence specified in AR 600-8-22.  Each entry will be verified by the Soldier’s records.

8.  AR 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.  

9.  AR 600-8-22, 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 award of the Bronze Star Medal.  Although more than one award of 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 Bronze Star Medal for heroism.

10.  AR 600-8-22 also provides, in pertinent part, the policy for award of the AGCM.  It states, in pertinent part, that the AGCM 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, in which case a period of more than 1 year is a qualifying period.  Although there is no automatic entitlement to the AGCM, disqualification must be justified.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that he was recommended for award of the BSM on 19 October 1968, as shown on his DA Form 20, and should have been awarded the first award of the BSM was carefully considered and found to have insufficient merit.


2.  Although a “Pending BSM” remark is annotated on his DA Form 20, there is no evidence and the applicant has not provided any evidence that shows a recommendation for award of the BSM on 19 October 1968 in fact submitted or processed through the appropriate command channels.  Therefore, in the absence of such evidence, there is no basis to award the applicant this award.

3.  The applicant provided a copy of his orders, certificate, and citation for award of the BSM with “V” device.  A copy of these documents is also contained in his official military personnel records.  Therefore, it would be appropriate to add the BSM with “V” Device to the list of awards on his DD form 214 at this time.  

4.  The applicant's record also confirms that he received "Excellent" conduct 
and efficiency ratings at all of his active duty assignments.  Further, the record
is void of any derogatory information or a unit commander disqualification that would have precluded him from receiving the AGCM.  Therefore, it would be appropriate to award the applicant the AGCM, for his qualifying period of honorable active duty service from 1 August 1967 through 31 July 1969.  

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

_____X___  ___X_____  ____X____  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 partial 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 his qualifying honorable active duty service from 1 August 1967 through 31 July 1969;

	b.   showing award of the already-awarded Bronze Star Medal with “V” Device and the Army Good Conduct Medal to his 31 July 1969 DD Form 214; and

	c.  providing him a correction to his separation document that includes these changes.

2.  The Board further determined that the evidence is insufficient to warrant a portion o the requested relief.  As a result the Board recommends denial of so much of the application that pertains to award of an additional Bronze Star Medal.



__________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.