IN THE CASE OF:	

		BOARD DATE:	       2 APRIL 2009  

		DOCKET NUMBER:  AR20080010368 


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 states, in effect, that his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) does not list all of his awards, specifically the bronze oak leaf cluster to denote the second award of the Bronze Star Medal and the Good Conduct Medal.

2.  The applicant offers no agruments or contentions. 

3.  The applicant provides no supporting documentation.

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 entered active duty in the Regular Army on 21 March 1968 under a two year service obligation.  He completed training and was awarded military occupational specialty (MOS) 63B (Wheel Vehicle Mechanic).  

3.  Headquarters, U.S. Army Training Center, Infantry and Fort Lewis, WA Special Orders Number 133, dated 13 May 1968, awarded the applicant the Expert Marksmanship Qualification Badge with Rifle Bar.

4.  Following additional training he was awarded MOS 63C (General Vehicle Repairman) on 19 September 1968.

5.  The available records do not include any orders or citations for award of the Bronze Star Medal or any other awards, decorations, or badges except the marksmanship qualification badge noted above.  

6.  The available evidence includes no disciplinary action or negative counseling.

7.  A DA Form 20 (Enlisted Qualification Record) provides the following pertinent information:

	a.  advancement to sergeant (E-5) on 9 December 1969;

	b.  service in Vietnam with Headquarters and Company A, 27th Maintenance Battalion, 1st Cavalry Division from 4 April through 26 April 1969 and Detachment C, 27th Maintenance Battalion, 1st Cavalry Division from 
27 April 1969 through 7 March 1970; 

	c.  his conduct and efficiency ratings are recorded as "excellent" exclusively; and

	d.  authorized awards are listed as the "NDSM, VSM, VGM w/Palm, 
Exp (M-14)."

8.  On 13 March 1970, the applicant was honorably released from active duty and transferred to the USAR Control Group, St. Louis after serving 1 year, 
11 months and 23 days of creditable active service.  His DD Form 214 lists his awards as the "National Defense Service Medal, Vietnam Service Medal, Vietnam Campaign Medal, Vietnam Gallantry Cross w/Palm, Bronze Star Medal." 

9.  Review of the Awards and Decorations Computer-Assisted Retrieval System (ADCARS), an index of general orders issued during the Vietnam era between 1965 and 1973 maintained by the Military Awards Branch of the United States Army Human Resources Command, failed to reveal any orders for the Bronze Star Medal.

10.  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 while the applicant was assigned to the 27th Maintenance Battalion, 1st Cavalry Division it was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, and the Meritorious Unit Commendation.  

11.  Army Regulation 672-5-1 (Military Awards), in effect at the time, provides that the Good Conduct Medal is awarded to individuals who distinguish themselves by their conduct, efficiency and fidelity during 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.  A record of punishment is not automatically disqualifying.  At that time, a single conduct or efficiency rating of less than excellent was disqualifying; although, a "Good" academic mark in a service school was not disqualifying.  Although there is no automatic entitlement to the Good Conduct Medal, disqualification must be justified.  Current practice requires that the commander provide written notice of unfavorable consideration and permits the individual to respond.  At that time, non-favorable consideration was normally noted on the DA Form 20.

12.  Army Regulation 600-8-22 (Military Awards) provides the following, in pertinent part that:

	a.  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.  Recommendations must be made within 2 years of the event or period of service and the award must be made within 3 years; and

	b.  a bronze service star is authorized based on qualifying service for each designated campaign listed in Appendix B of the regulation and that authorized bronze service stars will be worn on the appropriate campaign or service medal.  The regulation also lists the designated campaign periods for which a bronze service star is authorized for wear on the Vietnam Service Medal.  Based on the applicant's dates of service in Vietnam, Appendix B indicates he participated 

during the following three campaign periods:  the Tet 69 Counteroffensive, 23 February 1969 – 8 June 1969; the Vietnam Summer–Fall 1969, 9 June    1969 – 31 October 1969; and the Vietnam Winter–Spring 1970, 1 November 1969 – 30 April 1970.

13.  Army Regulation 600-8-22 also provides that the bronze oak leaf cluster is awarded to denote the second and succeeding awards of certain decorations, among which is the Bronze Star Medal.

DISCUSSION AND CONCLUSIONS:

1.  The applicant states, in effect, that his DD Form 214 does not list all of his awards, specifically the Bronze Star Medal with bronze oak leaf cluster to denote the second award and the Good Conduct Medal.

2.  The available evidence does not include any orders or citations for the Bronze Star Medal, nor are there any references on his DA Form 20 concerning the award.  Therefore, the applicant has not established a basis for adding the bronze oak leaf cluster to his Bronze Star Medal to denote a second award.

3.  The applicant distinguished himself by his conduct, efficiency and fidelity as evidenced by his service in Vietnam, and his conduct and efficiency ratings throughout his period of active service.  Additionally, the available record contains no indication of any disqualifying incidents or disqualifications for the award of the Good Conduct Medal.  Therefore, it would be appropriate to award the applicant the Good Conduct Medal for his period of service from 21 March 1968 through 13 March 1970.

4.  The applicant's award of the Expert Marksmanship Qualification Badge with Rifle Bar was omitted from the DD Form 214. 

5.  In addition to the awards listed on the DD Form 214, the applicant is also authorized the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation and the Meritorious Unit Commendation.

6.  The applicant served in Vietnam during three campaign periods and is authorized to wear three bronze service stars on his Vietnam Service Medal.

7.  It would be appropriate to add the above awards and decorations to the applicant's DD Form 214.

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 his period of service from 21 March 1968 through 13 March 1970; and 

	b.  showing in addition to the awards listed on his DD Form 214, he is also authorized the Good Conduct Medal, the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, the Meritorious Unit Commendation, the Expert Marksmanship Qualification Badge with Rifle Bar, and three bronze service stars to be worn on his already-awarded Vietnam Service Medal.

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 award of the bronze oak leaf cluster to denote a second award of the Bronze Star Medal. 




      _______ _  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)                                         AR20080010368



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ABCMR Record of Proceedings (cont)                                         AR20080010368



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