IN THE CASE OF:	  

		BOARD DATE:	        27 January 2009

		DOCKET NUMBER:  AR20080009113 


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 an amendment to his application, to correct his 
DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show award of the Bronze Star Medal.

2.  The applicant states that the award is not listed on his DD Form 214.

3.  The applicant provides a copy of a National Personnel Records Center (NPRC) letter, dated 25 April 2008, 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 was inducted into the Army of the United States on 7 March 1966.  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 (Annual Training) on 6 March 1968. The highest rank/grade he attained during his military service was specialist four (SP4)/E-4.

3.  The applicant’s records show he served in the Republic of Vietnam during the period 13 August 1966 to 12 August 1967.  He was assigned to the 362nd Engineer Company.  He was also attached to Company B, 588th Engineer Battalion from 22 February 1967 top 22 March 1967. 

4.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant’s DD Form 214 shows he was awarded the National Defense Service Medal, the Vietnam Service Medal, the Republic of Vietnam Campaign Medal with Device (1960), and the Meritorious Unit Commendation.  Item 24 does not show award of the Bronze Star Medal.  

5.  Headquarters, 25th Infantry Division, General Orders Number 2671, dated 28 June 1967, show the applicant was awarded the Bronze Star Medal for meritorious achievement in connection with military operations in the Republic of Vietnam from 23 April 1967 to 7 June 1967.

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

7.  Headquarters, U.S. Army Training Center and Fort Leonard Wood, Fort Leonard Wood, Missouri, Special Orders Number 118, dated 28 April 1966, show the applicant was awarded the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14) on 20 April 1966.

8.  Headquarters Fort Polk, Fort Polk, Louisiana, Special Orders Number 161, dated 23 June 1966, show the applicant was awarded the Expert Marksmanship Qualification Badge with Machinegun Bar (M-60) on 16 June 1967.

9.  Headquarters Fort Polk, Fort Polk, Louisiana, Special Orders Number 158, dated 20 June 1966, show the applicant was awarded the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16) on 10 June 1967.


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.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows that the 362nd Engineer Company was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation, based on Department of the Army General Orders Number 8, dated 1974 and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, based on Department of the Army General Orders 43, dated 1970.

13.  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, Phases II and III, 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 the Bronze Star Medal for meritorious achievement in connection with military operations in the Republic of Vietnam which is not shown on his DD Form 214; therefore he is entitled to correction of his DD Form 214 to show this award.

2.  General Orders awarded the applicant’s unit the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation which are not shown on his records; therefore, he is entitled to correction of his records to show these unit awards.

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

4.  Special orders awarded the applicant the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14), the Expert Marksmanship Qualification Badge with Machinegun Bar (M-60), and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16) which are not shown on his DD Form 214; therefore, he is entitled to correction of his DD Form 214 to show these badges.

5.  The evidence of record confirms that the applicant served honorably during the period 7 March 1966 through 6 March 1968.  Furthermore, he completed a combat tour in the Republic of Vietnam and had excellent conduct and efficiency ratings and attained the rank/grade of SP4/E-4 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.

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.  awarding the applicant the Good Conduct Medal (1st Award) for exemplary behavior, efficiency, and fidelity during the period 7 March 1966 through 6 March 1968; and


	b.  adding award of the Good Conduct Medal (1st Award), the Bronze Star Medal, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14), the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16), the Expert Marksmanship Qualification Badge with Machinegun Bar (M-60), and two 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)                                         AR20080009113



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ABCMR Record of Proceedings (cont)                                         AR20080009113



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