IN THE CASE OF:	  

		BOARD DATE:	  30 September 2008

		DOCKET NUMBER:  AR20080013237 


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, the Bronze Star, the Army Good Conduct Medal and three Overseas Service Bars.

2.  The applicant states, that his current separation document (DD Form 214) does show the issuances of those awards.

3.  The applicant provides a copy of orders for award of the Bronze Star Medal in support of his application. 

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 that he was inducted into the Army and entered active duty on 16 September 1965, and he was trained in and awarded military occupational specialty (MOS) 71N (Movement Specialist).  His record also shows he was promoted to sergeant (SGT) on 1 August 1967, and that this is the highest rank he attained while serving on active duty.  

3.  The applicant's Enlisted Qualification Record (DA Form 20) shows that he served in the Republic of Vietnam (RVN) from 7 April 1966 through 8 March 1968.  Item 38 (Record of Assignments) shows that during his RVN tour, he was assigned to Headquarters, Headquarters Company 173rd Airborne Brigade, performing duties in MOS 71N.  Item 38 shows he received no less than "Excellent" conduct and efficiency ratings at all of his active duty assignments. 
Item 39 (Campaigns) show the Vietnam Counteroffensive, the Vietnam Counteroffensive Phase II and the Vietnam Counteroffensive Phase III.  He also served in the Tet Counteroffensive campaign.  Item 41 (Awards and Decorations) shows: The National Defense Service Medal, the Army Commendation Medal, the Parachutist Badge, the Vietnam Service Medal, the Republic of Vietnam Campaign Medal with Device (1960), the Expert Marksmanship Qualification Badge with Rifle Bar and two Overseas Service Bars. 

4.  The applicant's Military Personnel Records Jacket (MPRJ) is void of any derogatory information or a unit commander disqualification that would have precluded him from receiving the Army Good Conduct Medal.  

5.  General Orders Number 592 dated 4 March 1968, awarded the applicant the Bronze Star Medal in connection with military operations against a hostile force in the RVN on 7 April 1966 to 8 March 1968.  

6.  On 7 March 1968, the applicant was honorably released from active duty (REFRAD), after completing a total of 2 years, 5 months, and 22 days of active military service.  Item 24 of the DD Form 214 he was issued at the time shows he earned the following awards:  The National Defense Service Medal, the Army Commendation Medal, the Vietnam Service Medal, the Vietnam Campaign Medal, the Parachutist Badge and one Overseas Service Bar.   

7.  Army Regulation 600-8-22 (Military Awards) provides the Army's awards policy.  Paragraph 2-13 contains guidance on the VSM and states, in pertinent part, that a bronze service star is authorized with his award for each campaign a member is credited with participating in while serving in the RVN.  

8.  Chapter 4 of the awards regulation prescribes the policy for award of the 
AGCM.  It states, in pertinent part, that the AGCM 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, in which case a period of more than 1 year is a qualifying period.  Although there is no automatic entitlement to the AGCM, disqualification must be justified.  

9.  Paragraph 9-13 of the awards regulation contains guidance on the RVN Campaign Medal.  It states, in pertinent part, that this award will be issued with a "Device (1960)."

10.  Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) establishes the eligibility of individual members for campaign participation credit, assault landing credit, and unit citation badges awarded during the Vietnam Conflict.  It confirms that during the applicant’s period of assignment in the RVN, his unit (Headquarters, and Headquarters Company, 173rd Airborne Brigade), received the RVN Gallantry Cross with Palm Unit Citation and RVN Civil Actions Honor Medal First Class Unit Citation.  

11.  Army Regulation 670-1 (Uniforms and Insignia), in effect at the time, governs the requirements for the Overseas Service Bar.  In pertinent part, it provides that a bar is authorized for wear for each period of active Federal service as a member of the U.S. Army outside of the continental limits of the United States for the specific time frames and areas of operation cited in Army Regulation 670-1 or appropriate Department of the Army message.  There are special provisions regarding authorization for the Overseas Service Bar for service in a hostile fire zone and for combining service to calculate award of the bars.

12.  For Vietnam service, one Overseas Service Bar is authorized for each period of 6 months active Federal service as a member of a U.S. Service in Vietnam from 1 July 1958 to 28 March 1973.  Both the month of arrival and the month of departure from Vietnam are counted as whole months for credit toward the Overseas Service Bar.

13.  Army Regulation 635-5 (Personnel Separations - Separation Documents), in effect at the time of the applicant's separation from active duty, prescribed policies and procedures regarding separation documents.  It also established standardized policy for preparing and distributing the DD Form 214.  Chapter 2 contains guidance on the preparation of the DD Form 214.  It states, in pertinent part, that the source documents for entering information on the DD Form 214 will be the Enlisted Qualification Record, Officer Qualification Record, Personnel Qualification Record (PQR), Officer Record Brief (ORB), enlistment/reenlistment documents, personnel finance records, discharge documents, separation orders, Military Personnel Records Jacket (MPRJ), or any other document authorized for filing in the Official Military Personnel File (OMPF).

14.  Section II (Preparation of DD Form 214) contains item-by-item instructions for completing the DD Form 214.  The instructions for Item 26 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) state to list all decorations, service medals, campaign medals, and badges awarded or authorized, omitting authorities cited therein.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contentions that his DD Form 214 should show the Bronze Star Medal, the Army Good Conduct Medal and 3 Overseas Service Bars were carefully considered and found to have merit.  

2.  General Orders Number 592 dated 4 March 1968, awarded the applicant the BSM in connection with military operations against a hostile force in the RVN for the period 7 April 1966 to 8 March 1968.  Therefore, it would be appropriate to add this award to his separation document at this time.  

3.  The applicant's record also confirms that he received "Excellent" conduct and efficiency ratings at all of his active duty assignments.  Further, the record is void of any derogatory information or a unit commander disqualification that would have precluded him from receiving the AGCM.  As a result, it would be appropriate to award the applicant the first award of the AGCM, for his qualifying period of honorable active duty service from 16 September 1965 through 
7 March 1968, and to add this award to his separation document. 

4.  The applicant’s record shows that he served in Vietnam from 7 April 1966 to 
8 March 1968.  Therefore, he is entitled to four Overseas Service Bars.  Therefore, it would be appropriate to add these awards to his separation document. 

5.  The evidence of record confirms that based on the applicant’s RVN service and campaign participation, he is authorized the RVN Gallantry Cross with Palm Unit Citation, the RVN Civil Actions Honor Medal First Class Unit Citation, four bronze service stars to be worn on the Vietnam Service Medal, the Device 1960 to be worn on the Vietnam Campaign Medal, and the Expert Marksmanship Qualification Badge with Rifle Bar.  Therefore, it would be appropriate to correct his separation document to show these awards. 


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 him the Army Good Conduct Medal for his qualifying period of service from 16 September 1965 through 7 March 1968; 

	b.  amending Item 24 of his DD Form 214 by deleting the current list of awards and replacing it with the entry "the National Defense Service Medal, the  Bronze Star Medal, the Army Good Conduct Medal, the Army Commendation Medal, the Parachutist Badge, the Vietnam Service Medal with four bronze service stars, the Republic of Vietnam Campaign Medal with Device (1960), the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation , the Expert Marksmanship Qualification Badge with Rifle Bar; four Overseas Service Bars; and 

	c.  providing him a correction to his separation document that includes these changes.




      _______ _   _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)                                         AR20080013237



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20080013237



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1