IN THE CASE OF:	  

	BOARD DATE:	  3 July 2008

	DOCKET NUMBER:  AR20080006094 


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 that the Army Commendation Medal and the 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 that he was awarded the Army Commendation Medal and the Bronze Star Medal while serving with the 4th Infantry Division.

3.  The applicant provides his DD Form 214; a photocopy of the 4th Infantry Division unit patch; a Bronze Star Medal award certificate for heroism; an Army Commendation Medal award certificate; and a cover sheet from the State of Illinois, Department of Veterans Affairs.

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 on 8 September 1966.  He completed basic combat training and advanced individual training and was awarded military occupational specialty 91A (Medical Corpsman).

3.  The applicant arrived in Vietnam and was assigned to Headquarters and Service Battery, 6th Battalion, 29th Artillery, 4th Infantry Division, on 11 May 1967.

4.  Headquarters, 4th Infantry Division General Orders Number 2306, dated        1 June 1968, awarded the applicant the Bronze Star Medal with “V” device for heroism on 26 March 1968.

5.  Headquarters, 4th Infantry Division General Orders Number 2528, dated        15 June 1968, awarded the applicant the Army Commendation Medal.

6.  The applicant departed Vietnam on 15 July 1968 after being credited with participation in five campaigns.

7.  The applicant was honorably released from active duty on 27 July 1968, in the rank and grade of Specialist Four, E-4, after completing 1 year, 10 months, and 20 days of creditable active service with no lost time.  His DD Form 214 shows he was awarded the National Defense Service Medal, the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14), the Republic of Vietnam Campaign Medal with Device (1960), the Vietnam Service Medal, and two Overseas Service Bars.

8.  The applicant’s DA Form 20 (Enlisted Qualification Record) shows his conduct and efficiency were rated as “excellent” throughout his service.  His records contain no derogatory information.

9.  Army Regulation 600-8-22 (Military Awards) authorizes award of a bronze service star, based on qualifying service, for each campaign listed in Appendix B of this regulation.  Authorized bronze service stars will be worn on the appropriate campaign or service medal, including the Vietnam Service Medal.  One silver service star is worn in lieu of five bronze service stars.

10.  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.
11.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in Vietnam.  This document shows that, at the time of the applicant's assignment to the 2d Battalion, 29th Artillery, it was cited for award of the Presidential Unit Citation for the period 18 May through 26 May 1967 by Department of the Army General Orders (DAGO) Number 69, dated 1969.

12.  Department of the Army Pamphlet 672-3 shows that, at the time of the applicant's assignment to the 2d Battalion, 29th Artillery, it was cited for a  second award of the Presidential Unit Citation for the period 29 October through 30 November 1967 by DAGO Number 38, dated 1971.

13.  Department of the Army Pamphlet 672-3 shows that, at the time of the applicant's assignment to the 2d Battalion, 29th Artillery, it was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period     1 October 1966 through 31 October 1969 by DAGO Number 3, dated 1970.

14.  Department of the Army Pamphlet 672-3 also shows that, at the time of the applicant's assignment to the 2d Battalion, 29th Artillery, it was cited for award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 1 October 1966 through 31 October 1969 by DAGO Number 53, dated 1970.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows that the applicant was awarded the Bronze Star Medal with “V” device and the Army Commendation Medal.  These awards should be added to his DD Form 214.

2.  The applicant was honorably released from active duty after completing almost 23 months of creditable active service with no lost time.  His records contain no derogatory information, and his conduct and efficiency were rated as “excellent” throughout his service.  It appears he met the eligibility criteria for award of the Army Good Conduct Medal for the period 8 September 1966 through 27 July 1968.

3.  The applicant was credited with participation in five campaigns.  He is eligible to wear one silver service star on his Vietnam Service Medal, and his DD Form 214 should be amended to reflect this fact.



4.  The applicant was assigned to a unit during a period of time that unit was awarded two awards of the Presidential Unit Citation, one award of the Republic 
of Vietnam Gallantry Cross with Palm Unit Citation, and one award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.  These unit awards should be added to his DD Form 214. 

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 (1st award) for the period      8 September 1966 through 27 July 1968; and 

     b.  amending his DD Form 214 to add the Bronze Star Medal with “V” device, the Army Commendation Medal, the Army Good Conduct Medal, the Presidential Unit Citation (two awards), the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, and to show he is eligible to wear one silver service star on his already-awarded Vietnam Service Medal.



	________xxxxx__________
      	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)                                         AR20080006094



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ABCMR Record of Proceedings (cont)                                         AR20080006094



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