IN THE CASE OF:	  

		BOARD DATE:	  	  22 January 2009

		DOCKET NUMBER:  AR20080016075 


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, award of the Bronze Star Medal and the Good Conduct Medal. 

2.  The applicant states, in effect, he was awarded the Bronze Star Medal for his service in the Republic of Vietnam and the Good Conduct Medal after 3 years of service but they do not appear on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).

3.  The applicant provides a copy of a certificate for a Bronze Star Medal and a copy of his DA Form 20 (Enlisted Qualification Record) 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 he enlisted in the Regular Army on 12 June 1970.  He completed basic combat and advanced individual training and was awarded the military occupational specialty (MOS) 13A (Field Artillery Basic).  The highest rank/pay grade he attained while serving on active duty was private first class (PFC)/pay grade E-3.

3.  On 24 February 1971, the applicant was honorably released from active duty for the purpose of immediate reenlistment after completing a total of 8 months and 13 days of creditable active service.  The DD Form 214 he was issued shows the National Defense Service Medal and the Sharpshooter Marksmanship Qualification Badge with Rifle and Grenade Bars.

4.  On 25 February 1971, the applicant reenlisted in the Regular Army.  The highest rank/pay grade he attained while serving on active duty was sergeant (SGT)/E-5.

5.  Item 38 (Record of Assignments) of the applicant’s DA Form 20 shows he performed duties in the Republic of Vietnam as a “Cannoneer” with C Battery, 2nd Battalion, 16th Artillery from 30 May 1971 to 5 March 1972.

6.  Section 38 also shows his conduct and efficiency ratings were “excellent” throughout his period of service.  

7.  Item 41 (Awards and Decorations) of the applicant's DA Form 20 shows he was awarded the National Defense Service Medal, the Republic of Vietnam Campaign Medal [with Device (1960)], the Bronze Star Medal, Good Conduct Medal, and the Expert Marksmanship Qualification Badge with Rifle Bar.  

8.  On 26 November 1973, the applicant was honorably released from active duty and transferred to the Army National Guard after completing 3 years, 5 months, and 15 days of active service.  The DD Form 214 he was issued shows he earned the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Republic of Vietnam Campaign Medal with Device (1960), the Vietnam Service Medal with 3 bronze service stars, the Expert Marksmanship Qualification Badge with Rifle Bar (M-16), the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16), and the First Class [now known as Expert] Marksmanship Qualification Badge with Grenade Bar.

9.  The applicant submitted a copy of a certificate awarding him the Bronze Star Medal for meritorious achievement in ground operations against hostile forces in the Republic Vietnam from 19 May 1971 to 18 March 1972.  This certificate is faintly signed by a brigadier general and signed by the Secretary of the Army at the time.
10.  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 or the Good Conduct Medal.

11.  The applicant did not submit a copy nor are there orders in the applicant's official records which show he was awarded the Good Conduct Medal.

12.  The applicant submitted a copy of his DA Form 20, which he last authenticated on 9 December 1973.

13.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that 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.  

14.  Army Regulation 672-5-1, in effect at the time, provided policy and criteria concerning individual military decorations.  It stated that the Army Good Conduct Medal was awarded for each 3 years of continuous enlisted active Federal 
military service completed on or after 27 August 1940 and, for the first award only, upon termination of service on or after 27 June 1950 of less than 3 years but more than 1 year.  At the time, a Soldier's conduct and efficiency ratings must have been rated as "excellent" for the entire period of qualifying service except that a service school efficiency rating based upon academic proficiency of at least "good" rendered subsequent to 11 November 1956 was not disqualifying.  
However, there was no right or entitlement to the medal until the immediate commander made a positive recommendation for its award and until the awarding authority announced the award in General Orders.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s contention that he is entitled to correction of his record to show award of the Bronze Star Medal and the Good Conduct Medal was carefully considered and found to have merit.  

2.  Although there are no orders available which show award of the Bronze Star Medal, the DA Form 20 in the applicant's official records verifies that he was awarded the Bronze Star Medal.  Additionally, the dates on the Bronze Star 
Medal certificate are for the period the applicant was serving in the Republic of Vietnam.  Therefore, his records should be corrected to show award of the Bronze Star Medal.  

3.  Although there are no orders available which show award of the God Conduct Medal, the DA Form 20 in the applicant's official records verifies that he was awarded the Good Conduct Medal.  Additionally, his conduct and efficiency ratings throughout his service were "excellent."  Therefore, his records should be corrected to show 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.  adding to his 26 November 1973 DD Form 214 the Bronze Star Medal for meritorious achievement in ground operations against hostile forces during the period from 19 May 1971 to 18 March 1972; and
   
   b.  adding to his 26 November 1973 DD Form 214 the Good Conduct Medal for exemplary behavior, efficiency, and fidelity during the period from 12 June 1970 to 11 June 1973.



      __________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)                                         AR20080016075



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


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