IN THE CASE OF:	

		BOARD DATE:	  5 March 2009

		DOCKET NUMBER:  AR20080010517 


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 all of his awards of the Bronze Star Medal and the  Army Commendation Medal be added to his DD Form 214 (Report of Separation from Active Duty) with an effective date of 12 February 1970.  He also requests that his award of the Air Medal and the Expert Marksmanship Qualification Badge with Machinegun Bar be added to his DD Form 214.

2.  The applicant states errors were made in the area of awards on his DD Form 214.

3.  The applicant provides, in support of his application, copies of eight sets of orders documenting the awards he is requesting, his DD Form 214, a worksheet showing awards awarded and pending, and a letter from the National Personnel Records Center in St. Louis, MO.

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 personnel records show he was inducted on 13 February 1968.  He completed basic combat training and advanced individual training and was awarded the military occupational specialty of 11B (Light Weapons Infantryman).

3.  Headquarters, U.S. Army Training Center, Infantry and Fort Polk, Fort Polk, LA, Special Orders Number 129, dated 20 May 1968, awarded the applicant the Expert Marksmanship Qualification Badge with Machinegun Bar.

4.  The applicant was assigned to A Company, 6th Battalion, 31st Infantry, from 26 July 1968 to 27 June 1969 and to B Company, 3rd Battalion, 60th Infantry, from 28 June 1969 to 8 July 1969 in the Republic of Vietnam.

5.  Headquarters, 9th Infantry Division, General Orders Number 2138, dated 22 February 1969, awarded the applicant the Air Medal.

6.  Headquarters, 9th Infantry Division, General Orders Number 5174, dated 1 May 1969, awarded the applicant the Army Commendation Medal with "V" device for heroism in connection with military operations against an armed hostile force in the Republic of Vietnam from  24 February 1969 to 19 March 1969.

7.  On 1 May 1969, the applicant was promoted to sergeant/pay grade E-5.

8.  Headquarters, 9th Infantry Division, General Orders Number 5235, dated 2 May 1969, awarded the applicant the Bronze Star Medal with "V" device for heroism in connection with military operations against an armed hostile force in the Republic of Vietnam from 19 March 1969 to 13 April 1969.  These orders also awarded the applicant the Bronze Star Medal with "V" device and first oak leaf cluster for heroism in connection with military operations against an armed hostile force in the Republic of Vietnam from 13 April 1969 to 18 April 1969.

9.  Headquarters, 9th Infantry Division, General Orders Number 7512, dated 26 June 1969, awarded the applicant the Army Commendation Medal with first oak leaf cluster, for outstanding achievement in connection with military operations against a hostile force in the Republic of Vietnam on 16 June 1969.

10.  Headquarters, 9th Infantry Division, General Orders Number 7680, dated 27 June 1969, awarded the applicant the Army Commendation Medal with second oak leaf cluster for outstanding achievement in connection with military operations against a hostile force in the Republic of Vietnam from July 1968 to January 1969.

11.  Headquarters, 9th Infantry Division, General Orders Number 8530, dated 4 July 1969, awarded the applicant the Bronze Star Medal with second oak leaf cluster for outstanding achievement in connection with military operations against a hostile force in the Republic of Vietnam from 1 January 1969 to 22 June 1969.

12.  Headquarters, 9th Infantry Division, General Orders Number 8897, dated 6 July 1969, awarded the applicant the Bronze Star Medal with "V" device and third oak leaf cluster heroism in connection with military operations against an armed hostile force in the Republic of Vietnam from 25 April to 29 April 1969.

13.  On 12 February 1970, the applicant was released from active duty by reason of the expiration of his term of service.

14.  Item 13 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of the applicant’s DD Form 214 shows that he was awarded or authorized the Bronze Star Medal with "V" device and first oak leaf cluster, the Army Commendation with "V" device, the Vietnam Service Medal with 3 bronze service stars, and the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

15.  Item 13 of the applicant's DD Form 214 does not show that he was awarded the Air Medal or the Expert Marksmanship Qualification Badge with Machinegun Bar.

16.  There is no evidence the applicant received the first award of the Army Good Conduct Medal.  There also is no evidence the applicant was disqualified by his chain of command from receiving the Army Good Conduct Medal.  Records do not show indiscipline or lost time.  His records do not contain any adverse information and he received conduct and efficiency ratings of "excellent" throughout his service.

17.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists campaign participation credit, assault landing credit, unit citation emblems awarded during the Vietnam Conflict, the Grenada Operation, and the period of service subsequent to the Vietnam Conflict up to September 1987.  This document shows that during the time of the applicant’s assignment to the 6th Battalion, 31st Infantry, the unit received the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period from 1 July to 13 November 1968, based on Department of the Army General Order Number 31, dated 1969, and from January through June 1969, based on Department of the Army General Order Number 59, dated 1969.

18.  Department of the Army Pamphlet 672-3 states, in pertinent part, that not more than one Republic of Vietnam Gallantry Cross with Palm Unit Citation will be worn by any individual.  However, although wear of multiple awards of this unit citation is not authorized, official military personnel and historical records will indicate all awards received.

19.  Army Regulation 672-5-1 (Military Awards), in effect at the time, provided that the Army Good Conduct Medal was awarded to individuals who had completed a qualified period of active duty enlisted service.  This period was 3 years except in those cases when the period for the first award ended 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.

20.  Based on the applicant's dates of service in Vietnam, Table B-1 of Army Regulation 600-8-22 (Military Awards) shows he served in the Vietnam Counteroffensive, Phase V Campaign (1 July 1968 - 1 November 1968); the Vietnam Counteroffensive, Phase VI Campaign (2 November 1968 – 22 February 1969); the Tet 69 Counteroffensive, 1969 Campaign (23 February 
1969 - 8 June 1969); and the Vietnam Summer - Fall 1969 Campaign (9 June 
1969 - 31 October 1969).

21.  Army Regulation 600-8-22, in pertinent part, provides that bronze service stars are worn on campaign and service medals to denote participation in a named campaign, which in this case is the Vietnam Service Medal.

DISCUSSION AND CONCLUSIONS:

1.  Orders show the applicant was awarded three Bronze Star Medals with "V" device and one Bronze Star Medal for outstanding achievement.  Therefore, it is appropriate to amend item 13 of his DD Form 214 to show he was awarded the Bronze Star Medal with "V" device with third Oak Leaf Cluster.

2.  Orders show the applicant was awarded the Air Medal.  Therefore, it is appropriate to amend item 13 of his DD Form 214 to include this award.

3.  Orders show the applicant was awarded one Army Commendation Medal with "V" device and two Army Commendation Medals for outstanding achievement.  Therefore, is appropriate to amend item 13 of his DD Form 214 to show he was awarded the Army Commendation Medal with "V" device with second oak leaf cluster.

4.  There is no evidence the applicant was disqualified by his chain of command from receiving the Army Good Conduct Medal.  His records do not contain any adverse information and he received conduct and efficiency ratings of "excellent" throughout his service.  He was promoted to sergeant within 16 months of his enlistment.  Therefore, in the absence of evidence showing disqualification, the applicant is entitled to the first award of the Army Good Conduct Medal based on completion of qualifying service from 13 February 
1968 to 12 February 1970 ending with the termination of a period of Federal military service.

5.  The applicant's military personnel records show he participated in four campaigns during his service in Vietnam.  Therefore, he is authorized four bronze service stars to be worn on his Vietnam Service Medal.

6.  Based on the applicant's service with the 6th Battalion, 31st Infantry, he is authorized two awards of the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

7.  Orders show the applicant was awarded the Expert Marksmanship Qualification Badge with Machinegun Bar.  Therefore, it is appropriate to amend item 13 of his DD Form 214 to include 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 Army Good Conduct Medal for the period of service from 13 February 1968 to 12 February 1970; and 
	b.  amending item 13 of the applicant's DD Form 214 to show he was awarded or authorized the Bronze Star Medal with "V" device with third oak leaf cluster, the Air Medal, the Army Commendation Medal with "V" device with second oak leaf cluster, the Army Good Conduct Medal, the Vietnam Service Medal with four bronze service stars, the Republic of Vietnam Gallantry Cross with Palm Unit Citation (two awards), and the Expert Marksmanship Qualification Badge with Machinegun Bar.



      ___________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)                                         AR20080010517



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ABCMR Record of Proceedings (cont)                                         AR20080010517



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