IN THE CASE OF:	  

		BOARD DATE:	  16 October 2008

		DOCKET NUMBER:  AR20080012893 


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 already-awarded Bronze Star Medal be added to his DD Form 214, Armed Forces of the United States Report of Transfer or Discharge.  The applicant also requests award of the Good Conduct Medal.

2.  The applicant states, in effect, that he was awarded the Bronze Star Medal for meritorious service in Vietnam.  The applicant adds that he was never awarded the Good Conduct Medal and he had nothing in his record that he feels would disallow him from being awarded that medal and the recognition.

3.  The applicant submits no additional documentary evidence in support of his request.

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 was inducted into the Army of the United States on 9 April 1968.  He completed his basic combat and his advanced individual training at Fort Jackson, South Carolina.  After completing all required training, he was awarded the military occupational specialty, 11B, Light Weapons Infantryman.

3.  The applicant served in Vietnam from 15 September 1968 through 18 July 1969, with Company B, 3d Battalion, 47th Infantry Regiment, 9th Infantry Division.

4.  The applicant was honorably released from active duty, on 8 April 1970, under the provisions of Army Regulation (AR) 635-200, at the expiration of his term of service.  He was released from active duty in the rank and pay grade of Staff Sergeant, E-6.  On the date he was released from active duty, he had completed 2 years net active service.

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 Air Medal; the Army Commendation Medal; the Army Commendation Medal with "V" Device and with oak leaf cluster; the National Defense Service Medal; the Vietnam Service Medal; the Republic of Vietnam Campaign Medal with Device (1960); the Combat Infantryman Badge; the Expert Marksmanship Qualification Badge with Rifle Bar (M-14 Rifle); and the Marksman Marksmanship Qualification Badge with Automatic Rifle Bar (M-16 Rifle).  The Bronze Star Medal is not shown on his DD Form 214.  [An error was identified in conjunction with entries made to show the applicant received multiple Army Commendation Medals and will be corrected in this Record of Proceedings.]

6.  There is no entry in Item 41 (Awards and Decorations), of the applicant's DA Form 20, Enlisted Qualification Record, showing he was awarded the Bronze Star Medal; however, General Orders Number 8398, prepared by Headquarters, 9th Infantry Division, on 3 July 1969, are on file in the applicant's personnel record and show he was awarded the Bronze Star Medal for meritorious service in connection with military operations against a hostile force in the Republic of Vietnam for the period from September 1968 through July 1969.

7.  The applicant was awarded the Army Commendation Medal with "V" Device, by General Orders Number 3066, published by Headquarters, 9th Infantry Division, on 14 March 1969, for heroism in connection with military operations against a hostile force in the Republic of Vietnam on 20 February 1969.

8.  The applicant was awarded the Army Commendation Medal, by General Orders Number 3974, published by Headquarters, 9th Infantry Division, on 4 April 1969, for outstanding achievement in connection with military operations against a hostile force in the Republic of Vietnam for the period 18 September 1968 through 13 March 1969.

9.  The applicant was awarded the Army Commendation Medal with "V" Device, by General Orders Number 4472, published by Headquarters, 9th Infantry Division, on 14 April 1969, for heroism in connection with military operations against a hostile force in the Republic of Vietnam on 31 March 1969.

10.  There are no orders in the applicant's military personnel records awarding him the Good Conduct Medal; however, Item 38 (Record of Assignments), of the applicant's DA Form 20, shows he consistently received "excellent" conduct and efficiency ratings.  There is no evidence of any breach of good order or discipline in his service personnel record that would preclude award of the Good Conduct Medal.

11.  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.

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

13.  Department of the Army (DA) 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 Meritorious Unit Commendation, for the period 1 January through 31 December 1968, by Department of the Army General Order (DAGO) Number 36 dated 1970; the Republic of Vietnam Gallantry Cross with Palm Unit 

Citation, for the period January through June 1969, by DAGO Number 31, dated 1969; and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, for the period 19 December 1966 through 28 June 1969, by DAGO Number 59, dated 1969.  The applicant was assigned to the unit at the time it was cited for these unit awards.

14.  The applicant was awarded the Marksman Marksmanship Qualification Badge, with Machinegun Bar [M-60 Machinegun], in Special Orders Number 126 Paragraph 4, published by Headquarters, 3rd Advanced Individual Training Brigade, Fort Jackson, South Carolina, on 23 July 1968.

15.  AR 600-8-22, 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.

16.  AR 672-5-1, in effect at the time of the applicant's separation 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.  Although there is no automatic entitlement to the Good Conduct Medal, disqualification must be justified.  To be eligible for award of the Good Conduct Medal, Soldiers must meet all of the following criteria:  all conduct (character) and efficiency ratings must be recorded as "Excellent" except that ratings of "Unknown" for portions of the period under consideration are not disqualifying.  Service school efficiency ratings based upon academic proficiency of at least "Good" rendered subsequent to 22 November 1955 are not disqualifying.

17.  AR 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 appropriate general orders published by the 9th Division, on 3 July 1969, for meritorious service in connection with military operations against a hostile force in the Republic of Vietnam.  He is therefore entitled to have the already-awarded Bronze Star Medal added to his DD Form 214.
2.  The applicant had "excellent" conduct and efficiency ratings throughout his time in the Army.  There is no evidence of indiscipline while he served on active duty.  The applicant was not awarded the Good Conduct Medal, it appears, more as a result of administrative oversight rather than something he did to disqualify himself from this award.  He is therefore eligible for award of the Good Conduct Medal for the period 9 April 1968 through 8 April 1970 and to have this award added to his DD Form 214.

3.  The applicant was awarded a total of three Army Commendation Medals while he served in Vietnam – two for heroism and one for outstanding achievement.  The entries now appear as follows:  "Army Commendation Medal W/V DVC W/OLC" and "Army Commendation Medal."  The entries on his DD Form 214 should be consolidated into a single entry and shown on his DD Form 214 as follows:  Army Commendation Medal with two oak leaf clusters and with "V" Device.

4.  The applicant served in four campaigns while he served in Vietnam.  He is therefore entitled to award of the Vietnam Service Medal with four bronze service stars, as opposed to the Vietnam Service Medal now shown on his DD Form 214.

5.  The applicant served in a unit, which was awarded the Meritorious Unit Commendation, 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 entitled to these unit awards and to have them added to his DD Form 214.

6.  The applicant earned the Marksman Marksmanship Qualification Badge with Machinegun Bar while he served on active duty.  This badge is not shown on his DD Form 214.  He is entitled to have this badge added and shown on 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.  awarding the applicant the Vietnam Service Medal with four bronze service stars, and adding this award to his DD Form 214;

   c.  deleting the entries, "Army Commendation Medal W/V DVC W/OLC" and "Army Commendation Medal" from the applicant's DD Form 214 and adding the Army Commendation Medal with two oak leaf clusters and with "V" Device, to the applicant's DD Form 214;

   d.  adding the already-awarded Bronze Star Medal to the applicant's DD Form 214;

   e.  awarding the applicant the Good Conduct Medal for the period 9 April 1968 through 8 April 1970 and adding this award to his DD Form 214;

   f.  awarding the applicant the Meritorious Unit Commendation, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation and adding these unit awards to his DD Form 214; and

   g.  adding the already-awarded Marksman Marksmanship Qualification Badge, with Machinegun 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)                                         AR20080012893



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ABCMR Record of Proceedings (cont)                                         AR20080012893



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