IN THE CASE OF:	  

		BOARD DATE:	        09 SEPTEMBER 2008

		DOCKET NUMBER:  AR20080006005 


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 all awards of the Bronze Star Medal.

2.  The applicant states, in effect, that the awards were omitted due to an administrative oversight.

3.  The applicant provides a copy of the National Personnel Records Center (NPRC) letter, dated 13 July 2007, 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 23 May 1969.   He completed basic combat and advanced individual training and was awarded military occupational specialty (MOS) 62E (Heavy Construction Equipment Operator).  He was honorably released from active duty and transferred to the U.S. Army Reserve Control Group (Reinforcement) on 11 February 1972. The highest rank/grade he attained during his military service was specialist five (SP5)/E-5.

3.  The applicant’s records show he served in the Republic of Vietnam during the period 10 July 1970 to 11 February 1972.  He was assigned to Headquarters and Headquarters Company, 326th Engineer Battalion (Air Mobile), from 10 July 1970 to 17 September 1971, and A Company, 101st Aviation Battalion, from 18 September 1971 to 11 February 1972.   

4.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized), of the applicant’s DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), shows he was awarded the National Defense Service Medal, the Vietnam Service Medal, the Army Commendation Medal, the Air Medal, and the Bronze Star Medal.  

5.  Headquarters, 101st Airborne Division, General Orders Number 6589, dated 15 June 1971, show the applicant was awarded the Bronze Star Medal for meritorious service in connection with military operations in the Republic of Vietnam from July 1970 to May 1971.       

6.  Headquarters, 101st Airborne Division, General Orders Number 4522, dated 20 May 1971, show the applicant was awarded the Bronze Star Medal for meritorious achievement in connection with military operations in the Republic of Vietnam from 28 January 1971 to 11 February 1971.       

7.  Headquarters, 101st Airborne Division, General Orders Number 7767, dated 23 July 1971, show the applicant was awarded the Bronze Star Medal for meritorious achievement in connection with military operations in the Republic of Vietnam from 18 March 1971 to 11 April 1971.      

8.  Headquarters, 101st Airborne Division, General Orders Number 11740, dated 3 December 1971, show the applicant was awarded the Bronze Star Medal for meritorious service in connection with military operations in the Republic of Vietnam from February 1971 to February 1972.         

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

10.  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 Assignment) of the applicant’s DA Form 20 (Enlisted Qualification Record) shows the applicant’s conduct and efficiency ratings were “Excellent” throughout his military service

11.  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.

12.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, for award of the 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 Vietnam Campaign Medal.

13.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows that the 326th Engineer Battalion was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation, based on Department of the Army General Orders Number 6, dated 1974.  Furthermore, A Company, 101st Aviation Battalion, was awarded the 

14.  Item 24 of the applicant's DD Form 214 shows he was awarded the Vietnam Service Medal.  Furthermore,  Appendix B of Army Regulation 600-8-22 shows that the applicant participated in the Vietnam Counteroffensive, the Consolidation I and II, and the Vietnam Cease Fire 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.


DISCUSSION AND CONCLUSIONS:

1.  General Orders awarded the applicant four awards of the Bronze Star Medal for meritorious service and/or achievement in connection with military operations in the Republic of Vietnam.  However, only one award is shown on his records.  Therefore he is entitled to correction of his records to show these awards.

2.  General Orders show the applicant’s unit was awarded 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 award.

3.  The evidence of record shows the applicant was awarded the Vietnam Service Medal.  Additionally, records show the applicant participated in four campaigns while serving in the Republic of Vietnam.  Therefore, he is entitled to award of four bronze service stars to be affixed to his Vietnam Service Medal.

4.  The evidence of record confirms that the applicant served honorably during the period 23 May 1969 to 11 February 1972.  Furthermore, he had excellent conduct and efficiency ratings and attained the rank/grade of SP5/E-5 during his service.  Lacking any derogatory information on file that would have disqualified him, it would be appropriate to award the applicant his 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.

5.  The evidence of record shows that the applicant served a qualifying period for award of the Republic of Vietnam Campaign Medal, which is not shown on his records; 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 23 May 1969 to 11 February 1972; and

	b.  deleting the entry “Bronze Star Medal” from the applicant’s DD Form 214, dated 11 February 1972; and 

	c.  showing award of the Good Conduct Medal (1st Award), the Bronze Star Medal (3rd Oak Leaf Cluster), the Republic of Vietnam Campaign Medal, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and four bronze service stars to be affixed to his already-awarded Vietnam Service Medal.




      ___        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)                                         AR20080006005



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20080006005



5


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1