IN THE CASE OF:	

		BOARD DATE:	  30 September 2008

		DOCKET NUMBER:  AR20080006740 


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 his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be amended to show he was awarded two awards of the Bronze Star Medal.

2.  The applicant states that he was awarded the Bronze Star Medal twice, along with two Army Commendation Medals (which is represented appropriately) while in Vietnam.

3.  The applicant provides a statement in support of his application, dated            31 March 2008.

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 of the United States on 12 August 1969.  He was honorably discharged on 17 August 1969 and immediately enlisted in the Regular Army on 18 August 1969.  He completed basic combat and advanced individual training and was awarded military occupational specialty 71C (Stenographer).

3.  The applicant arrived in Vietnam and was assigned to the 23d Adjutant General Administration Company on 29 April 1970.  

4.  Headquarters, Americal Division, General Orders Number 11536, dated       29 August 1970, awarded the applicant the Bronze Star Medal for meritorious achievement for the period from 1 May 1970 through 31 August 1970.

5.  The applicant was reassigned to Headquarters and Headquarters Company, 23d Infantry Division, on 5 September 1970.

6.  Headquarters, 23d Infantry Division General Orders Number 3107, dated     19 March 1971, awarded the applicant the Bronze Star Medal (First Oak Leaf Cluster) for meritorious service for the period from April 1970 through March 1971.

7.  The applicant departed Vietnam on 25 March 1971 after being credited with participation in three campaigns.

8.  On 15 February 1972, the applicant was honorably released from active duty, in the rank and grade of Specialist Five, E-5, after completing a total of 2 years,   6 months, and 4 days of creditable active service with no lost time.

9.  The applicant’s DD Form 214 for the period ending 15 February 1972 shows he was awarded the National Defense Service Medal, Army Commendation Medal, Vietnam Service Medal, Republic of Vietnam Campaign Medal with Device (1960), two overseas bars, and one award of the Bronze Star Medal.

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

11.  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.  


12.  Army Regulation 600-8-22 (Military Awards) states, in pertinent part, that the first oak leaf cluster is awarded to denote the second and succeeding awards of certain decorations, among which is the Bronze Star Medal.

13.  Army Regulation 672-5-1, in effect at the time, provided policy and criteria concerning individual military decorations.  It stated 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.

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 the 23d Adjutant General Administration Company, it was cited for award of the Meritorious Unit Commendation for the period 1 September 1969 through         31 January 1971 by Department of the Army General Orders Number 32, dated 1973.

15.  Department of the Army Pamphlet 672-3 shows that, at the time of the applicant's assignment to the 23d Adjutant General Administration Company, it was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 31 March through 30 June 1970 by Department of the Army General Orders Number 42, dated 1972.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows that the applicant was awarded two awards of the Bronze Star Medal, and his DD Form 214 should be amended to reflect this fact.  

2.  The applicant was credited with participation in three campaigns.  He is therefore eligible to wear three bronze service stars on his Vietnam Service Medal, and his DD Form 214 should be amended to reflect this fact.

3.  The applicant was honorably released from active duty, after completing over 30 months of creditable active service with no lost time, in the rank and grade of Specialist Five, E-5.  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.

4.  The applicant was assigned to a unit during a period of time that unit was awarded the Meritorious Unit Commendation and the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  Therefore, these two 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.  deleting the Bronze Star Medal from his DD Form 214 for the period ending 5 February 1972;  

     b.  awarding him the first award of the Army Good Conduct Medal for the period from 12 August 1969 through 15 February 1972; and

     c.  amending his DD Form 214 for the period ending 15 February 1972 to add the Bronze Star Medal (1st Oak Leaf Cluster), the Army Good Conduct Medal (1st Award), the Meritorious Unit Commendation, and the Republic of Vietnam Gallantry Cross with Palm Unit Citation and to show he is eligible to wear three bronze service stars on his already-awarded Vietnam Service Medal.



      ______XXXX________________
               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)                                         AR20080006740



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ABCMR Record of Proceedings (cont)                                         AR20080006740



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