IN THE CASE OF:	  

		BOARD DATE:	  13 NOVEMBER 2008

		DOCKET NUMBER:  AR20080006117 


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, correction of his discharge document to show award of the Bronze Star Medal and all other awards he is entitled to.

2.  The applicant states, in effect, he was awarded the Bronze Star Medal; however, it is not listed on his discharge document.

3.  The applicant provides a copy of the front side of Headquarters, 1st Infantry Division [Vietnam], General Orders Number 3269, dated 3 March 1970; DA Form 4980-5 (The Bronze Star Medal Certificate), dated 1 March 1970; and The Bronze Star Medal Citation.

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 military personnel records show he was inducted into the Army of the United States on 6 June 1968.  Upon completion of basic combat and advanced individual training, he was awarded military occupational specialty (MOS) 11C (Infantry Indirect Fire Crewman).

3.  The applicant's military service records contain a DA Form 20 (Enlisted Qualification Record).  It shows, in pertinent part, that:

     a.  Item 29 (Qualification In Arms) shows the applicant qualified Expert with the M-16 automatic rifle and 81 millimeter (mm) mortar, Sharpshooter with the
M-14 rifle, and Marksman with the .45 caliber pistol;

     b.  Item 31 (Foreign Service) shows he served overseas in the U.S. Army Pacific (USARPAC) in the Republic of Vietnam (RVN) from 28 May 1969 through
3 March 1970;

     c.  Item 38 (Record of Assignments) shows he served in principal duty as a Forward Observer (Duty MOS 11C) while assigned to HMP [acronym unknown], 2nd Battalion, 28th Infantry, 1st Infantry Division (USARPAC, RVN) from
7 June 1969 through 21 October 1969.  He then served in principal duty as a Supply Sergeant (Duty MOS 76Y), Headquarters and Headquarters Battery, Division Artillery, 1st Infantry Division (USARPAC, RVN) on 22 October 1969 until his departure from the RVN on 3 March 1970;

     d.  Item 39 (Campaigns) shows he participated in the Tet 69 Counteroffensive, 1969 campaign; and

     e.  Item 41 (Awards and Decorations) shows the applicant was authorized the Army Commendation Medal, National Defense Service Medal, Vietnam Service Medal, Republic of Vietnam Campaign Medal with Device (1960), Combat Infantryman Badge, Sharpshooter Marksmanship Qualification Badge with Rifle Bar, and 2 Overseas Service Bars.

4.  There are no orders in the applicant’s military personnel records that show he was awarded the Bronze Star Medal and his DA Form 20 does not list the Bronze Star Medal in Item 41.

5.  A search of the U.S. Army Human Resources Command, Awards and Decorations Computer Assisted Retrieval System for the Vietnam Conflict produced a complete copy of General Orders Number 3269, dated 3 March 1970 that the applicant had only provided the front side.  These orders show, in pertinent part, the applicant was awarded the Bronze Star Medal for meritorious achievement in the RVN during the period 31 October 1969 to 31 January 1970.
6.  The applicant's military personnel records contain a DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), with an effective date of 4 March 1970.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) shows he was awarded the Army Commendation Medal, National Defense Service Medal, Vietnam Service Medal, and Republic of Vietnam Campaign Medal.  The
DD Form 214 also shows the applicant was honorably released from active duty on 4 March 1970 and transferred to the U.S. Army Reserve (USAR) Control Group (Annual Training) to complete his remaining military service obligation.  At the time, he was credited with completing 1 year, 8 months, and 29 days net service this period and 9 months and 7 days foreign service.

7.  In support of his application, the applicant provides a copy of the front side of Headquarters, 1st Infantry Division [Vietnam], General Orders Number 3269, dated 3 March 1970; DA Form 4980-5, dated 1 March 1970; and The Bronze Star Medal Citation.  These documents show the applicant was awarded the Bronze Star Medal for meritorious achievement in ground operations against hostile forces in the RVN during the period 31 October 1969 to 31 January 1970.

8.  A review of the applicant's military personnel records show that he may be entitled to additional awards that are not shown on his DD Form 214.

9.  The search of the U.S. Army Human Resources Command, Awards and Decorations Computer Assisted Retrieval System for the Vietnam Conflict also produced a complete copy of General Orders Number 2826, dated 24 February 1970.  These orders show, in pertinent part, that the applicant was awarded the Good Conduct Medal for exemplary behavior, efficiency, and fidelity during the period 6 June 1968 to a date of separation on or about (DOSOA) 6 March 1970.

10.  The applicant’s military personnel records contain a copy of Headquarters,
U.S. Army Training Center, Infantry and Fort Polk, Fort Polk, Louisiana, Special Orders Number 234, dated 16 September 1968.  These orders show, in pertinent part, that the applicant was awarded the Expert Marksmanship Qualification Badge with (M-16) Automatic Rifle Bar.

11.  The applicant’s military personnel records contain a copy of Headquarters,
U.S. Army Training Center, Armor, Fort Knox, Kentucky, Special Orders Number 214, dated 1 August 1968.  These orders show, in pertinent part, that the applicant was awarded the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14).



12.  The applicant’s military personnel records contain a copy of Headquarters,
U.S. Army Training Center, Infantry and Fort Polk, Special Orders Number 219, dated 28 August 1968.  These orders show, in pertinent part, that the applicant was awarded the Marksman Marksmanship Qualification Badge with Pistol Bar (.45 caliber pistol).

13.  Appendix B of Army Regulation 600-8-22 (Military Awards) lists the campaigns for Vietnam.  This document shows that the applicant participated in the Tet 69 Counteroffensive, 1969; Vietnam Summer-Fall 1969; and Vietnam Winter-Spring 1970 campaigns.

14.  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 Headquarters and Headquarters Battery, Division Artillery, 1st Infantry Division (USARPAC, RVN), the unit was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation by Headquarters, Department of the Army, General Orders Number 8 (1974).  This document also shows that, at the time of the applicant’s assignment the unit was awarded the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation by Headquarters, General Orders Number 53 (1970).

15.  Army Regulation 600-8-22 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.  

16.  Army Regulation 600-8-22 provides, in pertinent part, that the Good Conduct Medal is awarded to individuals who distinguish themselves by their exemplary conduct, efficiency, and fidelity during a qualifying period of active duty enlisted service.  After 27 June 1950 to the present time, the current standard for award of the Good Conduct Medal is 3 years of qualifying service, but as little as 1 year is required for the first award in those cases when the period of service ends with the termination of Federal military service.

17.  Army Regulation 600-8-22 provides, in pertinent part, for award of the Vietnam Service Medal.  This medal is awarded to all members of the Armed Forces of the United States for qualifying service in Vietnam after 3 July 1965 through 28 March 1973.



18.  Army Regulation 600-8-22 provides, in pertinent part, for award of a bronze service star, based on qualifying service, for each campaign listed in Appendix B of this regulation and states that authorized bronze service stars will be worn on the appropriate service medal, including the Vietnam Service Medal.

19.  U.S. Army Vietnam Regulation Number 672-2 (Foreign Awards and Decorations) provided for the processing of foreign awards and decorations presented to individuals and units.  It states, in pertinent part, that the Republic of Vietnam Gallantry Cross Unit Citation was awarded in four degrees:  with Palm, with Gold Star, with Silver Star, and with Bronze Star.

20.  Army Regulation 600-8-200 provides, in pertinent part, that the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation is awarded by the Vietnamese Government as a unit award for meritorious service.  

21.  Army Regulation 670-1 (Wear and Appearance of Army Uniforms and Insignia), in pertinent part, states that unit awards are authorized for permanent wear by an individual who was assigned and present for duty with the unit at any time during the period cited or who was attached by competent orders to and present for duty with the unit during the entire period or at least 30 consecutive days of the period cited.

22.  Army Regulation 600-8-22, in pertinent part, sets forth requirements for award of basic marksmanship qualification badges.  The qualification badge is awarded to indicate the degree in which an individual has qualified in a 
prescribed record course, and an appropriate bar is furnished to denote each weapon with which the individual has qualified.  The qualification badges are in three classes:  Expert, Sharpshooter, and Marksman.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his records should be corrected to show award of the Bronze Star Medal and all other awards he is entitled to.

2.  The evidence of record shows that General Orders awarded the applicant the Bronze Star Medal for meritorious achievement in the RVN from 31 October 1969 to 31 January 1970.  The evidence of record also shows that the applicant was presented The Bronze Star Medal Certificate and Citation representing his award of the Bronze Star Medal for meritorious achievement in ground operations against hostile forces in the RVN during the period 31 October 1969 to 31 January 1970.  Therefore, it would be appropriate to correct the applicant’s records to show award of the Bronze Star Medal.

3.  Records show that General Orders awarded the applicant the Good Conduct Medal for exemplary behavior, efficiency, and fidelity during the period 6 June 1968 to DOSOA 6 March 1970.  Therefore, it would be appropriate to correct his records to show award of the Good Conduct Medal.

4.  Records show the applicant qualified for award of the Vietnam Service Medal and that he participated in 3 campaigns during his service in the RVN.  Therefore, it would be appropriate to correct his records to show award of
3 bronze service stars to be affixed to his Vietnam Service Medal.

5.  Records show that General Orders awarded the applicant's unit the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  Therefore, it would be appropriate to correct his records to show this foreign unit award.

6.  Records show that General Orders awarded the applicant's unit the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.  Therefore, it would be appropriate to correct his records to show this foreign unit award.

7.  Records show that Special Orders awarded the applicant the Expert Marksmanship Qualification Badge with Automatic Rifle Bar.  Records also show the applicant qualified Expert with the 81mm mortar.  Therefore, it would be appropriate to correct his records to show this badge with the Rifle and Mortar component bars.

8.  Records show that Special Orders awarded the applicant the Sharpshooter Marksmanship Qualification Badge with Rifle Bar.  Therefore, it would be appropriate to correct his records to show this badge with the Rifle component bar.

9.  Records show that Special Orders awarded the applicant the Marksman Marksmanship Qualification Badge with Pistol Bar.  Therefore, it would be appropriate to correct his records to show this badge with the Pistol component bar.

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.  deleting from Item 24 of his DD Form 214 the Vietnam Service Medal; and

     b.  adding to Item 24 of his DD Form 214 the Bronze Star Medal, Good Conduct Medal, Vietnam Service Medal with 3 bronze service stars, Republic of Vietnam Gallantry Cross with Palm Unit Citation, Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, Expert Marksmanship Qualification Badge with Automatic Rifle and Mortar Bars, Sharpshooter Marksmanship Qualification Badge with Rifle Bar, and Marksman Marksmanship Qualification Badge with Pistol Bar.



      __________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)                                         AR20080006117



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ABCMR Record of Proceedings (cont)                                         AR20080006117



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