IN THE CASE OF:	  

		BOARD DATE:	       16 SEPTEMBER 2008

		DOCKET NUMBER:  AR20080010180 


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 corrected to show award of the Air Medal (AM) (Second Award) and the Bronze Star Medal (BSM) (First Oak Leaf Cluster).

2.  The applicant states that these awards were not listed on his DD Form 214.

3.  The applicant provides a copy of his DD Form 214; a copy of his AM (Second Award) Certificate and Citation; and a copy of his BSM (First Oak Leaf Cluster) Award Certificate.

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.  On 28 February 1969, the applicant enlisted in the Regular Army for a period of 3 years.  He was trained in, awarded, and served in military occupational specialty (MOS) 11B (Light Weapons Infantryman).  He attained the grade of specialist four/E-4.  On 26 February 1971, he was released from active duty and transferred to the U.S. Army Reserve (USAR) Control Group (Annual Training).  On 4 February 1979, he was honorably discharged from the USAR upon completion of his statutory military obligation. 

3.  The applicant served in the Republic of Vietnam (RVN) from 25 July 1969 – 22 July 1970.  He performed duties as a rifleman with Company A, 2nd Battalion, 22nd Infantry Regiment, and as a truck driver with Headquarters and Headquarters Company, 2nd Battalion, 22nd Infantry Regiment.

4.  General Orders Number 5588, Department of the Army (DA), Headquarters (HQ), 25th Infantry Division, dated 26 May 1970, awarded the applicant the BSM (First Oak Leaf Cluster) for meritorious service in connection with military operations against a hostile force for the period July 1969 – July 1970.  This award is not shown on his DD Form 214.

5.  General Orders Number 8338, DA, HQ, 25th Infantry Division, dated 23 July 1970, awarded the applicant the AM (Second Award) for the period 16 December 1969 – 28 January 1970.  This award is not shown on his DD Form 214.

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

7.  The applicant's record shows that he received ratings of excellent in conduct and efficiency.  There is no evidence the applicant was disqualified for award of the Army Good Conduct Medal (AGCM).

8.  Army Regulation 672-5-1, in effect at the time, provides that the AGCM 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.

9.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows the applicant's unit was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation based on Department of the Army General Orders Number 54, 1974; and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation based on Department of the Army General Orders Number 53, 1970.   

10.  The applicant's records show he was awarded the Vietnam Service Medal.  However, his DD Form 214 does not show any bronze service stars indicating campaign credit.  His records indicate he participated in the Vietnam Summer-Fall 1969 and the Vietnam Winter-Summer 1970 campaigns.   

11.  Appendix B of Army Regulation 600-8-22 (Military Awards) shows that the applicant participated in two campaigns during his tour of duty in 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 AM (Second Award) and the BSM (First Oak Leaf Cluster).  Therefore, he is entitled to have records corrected to show these awards.

2.  The applicant completed a qualifying period of active duty enlisted service from 28 February 1969 – 26 February 1971 with excellent conduct and efficiency and no court-martial convictions.  He is therefore entitled to award of the AGCM (First Award).

3. General Orders entitled the applicant’s unit to award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation during his tenure of assignment, which is not shown on his DD Form 214.  Therefore, he is entitled to have his records corrected to show this foreign unit award.

4.  General Orders entitled the applicant’s unit to award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation during his tenure of assignment, which is not shown on his DD Form 214.  Therefore, he is entitled to have his records corrected to show this foreign unit award.

5.  The applicant served in Vietnam during 2 campaigns and is entitled to wear 
2 bronze service stars on his already-awarded Vietnam Service Medal.






BOARD VOTE:

__XXX __  __XXX__  __XXX__   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.  adding the already-awarded AM (Second Award) to the applicant's DD Form 214;

	b.  deleting the "BSM" from the applicant's DD Form 214 and adding the  "BSM (First Oak Leaf Cluster)";

	c.  awarding the AGCM (First Award) for the qualifying period of service from 28 February 1969 – 26 February 1971 and correcting his record to show this award;

	d.  authorizing the Republic of Vietnam Gallantry Cross with Palm
Unit Citation and correcting the record to show this award;

	e.  authorizing the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation and correcting the record to show this award; and

	f.  deleting the "Vietnam Service Medal" from his DD Form 214 and adding the "Vietnam Service Medal with 2 bronze service stars."



      ___        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)                                         AR20080010180



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ABCMR Record of Proceedings (cont)                                         AR20080010180



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