IN THE CASE OF:	  

		BOARD DATE:	  	  25 November 2008	

		DOCKET NUMBER:  AR20080008547 


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 with Oak Leaf Cluster and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar.

2.  The applicant states, in effect, the medals were issued to him, but not included on his discharge document.

3.  The applicant provides, in support of his application, a copy of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), with an effective date of 26 November 1967; and Tank-Automotive and Armaments Command (TACOM), Industrial Logistics System Center (ILSC), Clothing and Heraldry Product Support Integration Directorate, Philadelphia, Pennsylvania, Request Number A7MTAZ4Z8GA7N, undated.

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 service records show he was inducted into the Army of the United States on 10 December 1965.  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).

     a.  Item 29 (Qualification in Arms) shows the applicant qualified sharpshooter with the M-14 Rifle on 27 January 1966 and qualified expert with the M-16 Rifle on 19 October 1966.

     b.  Item 31 (Foreign Service) shows he served overseas in the U.S. Army Pacific (USARPAC) in the Republic of Vietnam (RVN) from 1 December 1966 through 25 November 1967.

     c.  Item 38 (Record of Assignments) shows, in pertinent part, that he served in duty MOS 11C (Mortar Crewman) while assigned to Company A, 3rd Battalion, 60th Infantry Regiment, 9th Infantry Division (USARPAC) from 1 December 1966 through 24 November 1967.  This item also shows that the applicant received conduct and efficiency ratings of “excellent” throughout the entire period of his military service.

     d.  Item 39 (Campaigns) shows the applicant participated in the Vietnam Counteroffensive Phase II campaign.

     e.  Item 41 (Awards and Decorations) shows he was awarded the Army Commendation Medal, National Defense Service Medal, Vietnam Service Medal, Republic of Vietnam Campaign Medal with Device (1960), Combat Infantryman Badge, Expert Marksmanship Qualification Badge with (M-16) Automatic Rifle Bar, Sharpshooter Marksmanship Qualification Badge with (M-14) Rifle Bar, and 1 Overseas Service Bar.

4.  The applicant’s military service records contain a copy of Headquarters, U.S. Army Training Center, Infantry, Fort Dix, New Jersey, Special Orders Number 20, dated 27 January 1966, that show, in pertinent part, the applicant was awarded the Sharpshooter Marksmanship Qualification Badge with (M-14) Rifle Bar.


5.  The applicant’s military service records contain a copy of Headquarters,
9th Infantry Division, Fort Riley, Kansas, Special Orders Number 211, dated
25 October 1966, that show, in pertinent part, the applicant was awarded the Expert Marksmanship Qualification Badge with (M-16) Automatic Rifle Bar.

6.  The applicant’s military service records contain a DD Form 214 that shows he was inducted on 10 December 1965 and honorably discharged on 26 November 1967.  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, Republic of Vietnam Campaign Medal, Combat Infantryman Badge, and the Expert Marksmanship Qualification Badge with (M-14) Rifle Bar.  At the time of his discharge, the applicant was credited with completing 1 year, 11 months, and
17 days of net service this period and 11 months and 25 days of foreign service.

7.  There are no orders or other evidence in the applicant’s military service records showing he was awarded the Bronze Star Medal.

8.  A search of the U.S. Army Human Resources Command (USA HRC), Awards and Decorations Computer Assisted Retrieval System (ADCARS) for the Vietnam Conflict failed to produce any award orders pertaining to the applicant showing he was awarded the Bronze Star Medal during his service in the RVN.

9.  In support of his application, the applicant provides a copy of his DD Form 214, with an effective date of 26 November 1967, which was previously introduced and considered in this Record of Proceedings.  He also provides a copy of TACOM, ILSC, Clothing and Heraldry Product Support Integration Directorate, Philadelphia, Pennsylvania, Request Number A7MTAZ4Z8GA7N, undated, that shows the applicant was issued the Bronze Star Meal with bronze oak leaf cluster, Army Commendation Medal, National Defense Service Medal, Vietnam Service Meal with bronze service star, Combat Infantryman Badge, Republic of Vietnam Campaign Medal with Device (1960), Expert Marksmanship Qualification Badge with Automatic Rifle Bar, and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar.

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

11.  There is no evidence the applicant received the first award of the Good Conduct Medal, although he received conduct and efficiency ratings of excellent 

throughout his entire military service.  His records do not contain any adverse information and there is no evidence the applicant was disqualified by his chain of command from receiving the Good Conduct Medal.

12.  Appendix B of Army Regulation 600-8-22 (Military Awards) lists the campaigns for Vietnam.  This document shows that the applicant participated in the Vietnam Counteroffensive Phase II and the Vietnam Counteroffensive Phase III campaigns during his service in Vietnam.

13.  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 Company A, 3rd Battalion, 60th Infantry, 9th 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 31 (1969).  This document also shows, 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 59 (1969).

14.  Army Regulation 600-8-22 provides 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.  

15.  Army Regulation 600-8-22 states, in pertinent part, that the bronze oak leaf cluster is awarded to denote each succeeding award of certain decorations, among which is the Bronze Star Medal.

16.  Army Regulation 672-5-1, in effect at the time, provides that the Good Conduct Medal is awarded to individuals who have completed 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.  The enlisted Soldier must have had all “excellent” conduct and efficiency ratings and no convictions by a court-martial. Although there is no automatic entitlement to the Good Conduct Medal, disqualification must be justified.

17.  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.

18.  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.

19.  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.

20.  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.

21.  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.  

22.  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.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends, in effect, that his records should be corrected to show award of the Bronze Star Medal with Oak Leaf Cluster and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar because he was issued the medals, but they are not recorded on his discharge document.

2.  In support of his claim, the applicant provides a copy of a TACOM, ILSC, Clothing and Heraldry Product Support Integration Directorate, Philadelphia, Pennsylvania, Request Number A7MTAZ4Z8GA7N, undated, that, in pertinent 

part, shows the applicant was issued the Bronze Star Meal with bronze oak leaf cluster, Expert Marksmanship Qualification Badge with Automatic Rifle Bar, and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar.  However, this document provides insufficient evidence to support his claim to the Bronze Star Medal and/or the Bronze Star Medal with oak leaf cluster.

3.  There is no evidence of record that shows the applicant was recommended for award of the Bronze Star Medal; that an award recommendation was processed through the chain of command; or that an award approving authority approved, disapproved, or downgraded a recommendation for award of the Bronze Star Medal.  In addition, there are no orders or other evidence in the applicant’s personnel records that show he was awarded the Bronze Star Medal.  Moreover, a thorough search of the ADCARS failed to produce orders pertaining to an award of the Bronze Star Medal to the applicant.  Thus, in view of the foregoing, there is insufficient evidence to support the applicant’s claim to the Bronze Star Medal or Bronze Star Medal with bronze oak leaf cluster in this case.

4.  The applicant is entitled to the first award of the Good Conduct Medal for the period 10 December 1965 through 26 November 1967 based on completion of a period of qualifying service ending with the termination of a period of Federal military service.  Therefore, it would be appropriate to correct of his records to show this award.

5.  Records show the applicant qualified for award of the Vietnam Service Medal and that he participated in 2 campaigns during his service in the RVN.  Therefore, it would be appropriate to correct his records to show award of
2 bronze service stars to be affixed to his Vietnam Service Medal.

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

7.  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 component bar.

8.  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.



9.  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.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____X___  ____X____  ____X____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  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 the applicant the Good Conduct Medal for exemplary conduct, efficiency, and fidelity for the period 10 December 1965 through 26 November 1967;

     b.  deleting from Item 24 of his DD Form 214 the Vietnam Service Medal, Vietnam Campaign Medal, and Expert (Rifle M-14); and

    c.  adding to Item 24 of his DD Form 214 the Good Conduct Medal, Vietnam Service Medal with 2 bronze service stars, Republic of Vietnam Campaign Medal with Device (1960), 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 Bar, and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar.

2.  The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to the Bronze Star Medal and Bronze Star Medal with Oak Leaf Cluster.  




3.  The Board wants the applicant and all others concerned to know that this action in no way diminishes the sacrifices made by the applicant in service to our Nation.  The applicant and all Americans should be justifiably proud of his service in arms.



      __________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)                                         AR20080008547



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ABCMR Record of Proceedings (cont)                                         AR20080008547



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