IN THE CASE OF:	

		BOARD DATE:	  29 January 2009

		DOCKET NUMBER:  AR20080010416 


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, that the Bronze Star Medal be added to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).

2.  The applicant states, in effect, that his record does not show field time he spent in Vietnam from January to September in A Battery, 1st Battalion, 7th Field Artillery.  The record only shows that he was a battalion ammunition sergeant from September to November.

3.  In support of his request the applicant submits a copy of General Orders Number 17232, dated 15 December 1969; a copy of the citation he was awarded with the Bronze Star Medal; and a copy of his DD Form 214, with an effective date of his release from active duty of 12 December 1969.  The applicant also submitted documents that were prepared and given to him after the effective date of his release from active duty when he continued his military service in the Kansas Army National Guard (KSARNG).

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 record shows he enlisted in the KSARNG on 13 February 1964.  The applicant was ordered to active duty and entered service on 13 May 1968.

3.  The applicant served in Vietnam from 27 January 1969 to 21 November 1969, with Headquarters and Service Battery, 1st Battalion, 7th Field Artillery Regiment, 1st Infantry Division.

4.  The applicant was honorably released from active duty on 12 December 1969 under the provisions of Army Regulation 135-20 by reason of release of unit of the Army National Guard or the Army National Guard of the United States from Active Federal service and return thereof to State control.  He was released from active duty in the rank and pay grade of Staff Sergeant (SSG)/E-6.  On the date he was released from active duty, he had completed 1 year and 7 months of net active service this period and 4 years and 3 months of other service, for a total of 5 years and 10 days of creditable service for pay.

5.  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, and the Republic of Vietnam Campaign Medal.  No other awards or decorations are shown.

6.  The applicant provided a copy of General Orders Number 17232 published by Headquarters, 1st Infantry Division, on 15 December 1969, awarding the applicant the Bronze Star Medal for meritorious service for the period from January 1969 to December 1969.  A copy of these same orders was on file in the applicant's service record as well as in the Awards and Decorations Computer-Assisted Retrieval System (ADCARS).

7.  The applicant's DD Form 214 shows entitlement to the Vietnam Service Medal; however, it does not show the bronze service stars to which he is entitled for his campaign participation.


8.  While in Vietnam, the applicant participated in the following four campaigns of the Vietnam War:  the Vietnam Counteroffensive, Phase VI, which extended from 2 November 1968 - 22 February 1969; the Tet 69 Counteroffensive, which extended from 23 February - 8 June 1969; the Vietnam Summer-Fall 1969, which extended from 9 June - 31 October 1969; and the Vietnam Winter-Spring 1970, which extended from 1 November 1969 - 30 April 1970.

9.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register), dated 29 January 1988, which lists unit awards received by units serving in Vietnam, shows the unit the applicant was assigned to was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation, for the period 15 September 1969 - February 1970, by DA General Orders (DAGO) Number 2, dated 1971; and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, for the period 12 July 1965 - 7 April 1970, by DAGO Number 53, dated 1970.  The applicant was assigned to the unit at the time it was cited for these unit awards.

10.  The applicant was awarded the Expert Marksmanship Qualification Badge, with Automatic Rifle Bar [M-16 Rifle], in Special Orders Number 69 Paragraph 13, published by Headquarters, 69th Infantry Brigade, Fort Carson, Colorado, on 28 August 1968.  This marksmanship badge is not shown on the applicant's DD Form 214.

11.  The applicant was awarded the Expert Marksmanship Qualification Badge with Rifle Bar [M-14 Rifle] in Special Orders Number 326, published by Headquarters, 5th Infantry Division (Mechanized), Fort Carson on 21 November 1968.  This marksmanship badge is not shown on the applicant's DD Form 214.

12.  Army Regulation 600-8-22 (Military Awards), in pertinent part, authorizes award of a bronze service star, based on qualifying service, for each campaign listed in its Appendix B and states that authorized bronze service stars will be worn on the appropriate service medal, in this case, the Vietnam Service Medal.

13.  Army Regulation 670-1, chapter 29, prescribes policy and guidance for wear of U.S. and foreign unit awards.  This regulation states that a Soldier may wear the unit award permanently if the individual was assigned to, and present for duty with the unit any time during the period cited; or was attached by competent orders to, and present for duty with the unit during the entire period, or for at least thirty consecutive days of the period cited.


DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant was awarded the Bronze Star Medal by official general orders published by the 1st Infantry Division on 15 December 1969, for meritorious service.  The Bronze Star Medal is not shown on the applicant's DD Form 214.  He is therefore entitled to have the Bronze Star Medal added to his DD Form 214.

2.  The applicant served in four campaigns while he served in Vietnam.  He is therefore entitled to award of four bronze service stars to be affixed to his already-awarded Vietnam Service Medal and to have this award correctly shown on his DD Form 214.

3.  The applicant served in a unit which was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation while he was a member of the unit.  These unit awards are not shown on his DD Form 214.  He is therefore entitled to have these awards added to his DD Form 214.

4.  The applicant earned the Expert Marksmanship Qualification Badge with Automatic Rifle Bar and the Expert Marksmanship Qualification Badge with Rifle Bar while he served on active duty.  These marksmanship qualification badges are not shown on his DD Form 214.  He is entitled to have these badges added to his DD Form 214.

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.  deleting the Vietnam Service Medal from the applicant's DD Form 214;

   b.  adding the Vietnam Service Medal with four bronze service stars to the applicant's DD Form 214;

   c.  adding the Bronze Star Medal to the applicant's DD Form 214;

   d.  adding the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation to the applicant's DD Form 214; and

   e.  adding the Expert Marksmanship Qualification Badge with Automatic Rifle and Rifle Bar to the applicant's DD Form 214.



      _________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)                                         AR20080010416



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ABCMR Record of Proceedings (cont)                                         AR20080010416



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