IN THE CASE OF:	

		BOARD DATE:	  2 April 2009

		DOCKET NUMBER:  AR20080017145 


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 correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show two awards of the Bronze Star Medal (BSM).

2.  The applicant states the two BSMs are not reflected on his DD Form 214.

3.  The applicant provides a copy of his DD Form 214; a Bronze Star Medal Certificate; General Orders Number 7920, dated 22 October 1968; and General Orders Number 6038, dated 18 October 1969 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 records show he enlisted in the Regular Army on 1 March 1967 for a period of three years.  He completed basic combat and advanced individual training and was awarded military occupational specialty (MOS) 71H (personnel specialist).

3.  Item 31 (Foreign Service) of the applicant's DA Form 20 (Enlisted Qualification Record) shows he served in the Republic of Vietnam during the period from 16 December 1967 through 30 September 1969.  Item 38 (Record of Assignments) of the applicant's DA Form 20 shows that during his tour of duty in the Republic of Vietnam, he was assigned to Headquarters and Headquarters Company and Band, 101st Airborne Division and to Headquarters and Headquarters Company and Band Support Command, 101st Air Cavalry Division, performing duties as a company clerk.

4.  Item 41 (Awards and Decorations) of the applicant's DA Form 20 does not show award of the Bronze Star Medal.  Item 41 shows award of the National Defense Service Medal, Vietnam Service Medal, Republic of Vietnam Campaign Medal with Device (1960), Army Commendation Medal, Army Commendation Medal with first oak leaf cluster, and four Overseas Service Bars.
 
5.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 he was issued shows he was awarded the National Defense Service Medal, Vietnam Service Medal, Republic of Vietnam Campaign Medal, Army Commendation Medal, and four Overseas Service Bars.  No Bronze Star Medals are included in the list of awards contained in item 24.

6.  The applicant provided Headquarters, 101st Airborne Division, General Orders Number 7920, dated 22 October 1968, showing award of the Bronze Star Medal for meritorious service in connection with military operations against a hostile force for the period 1 January 1968 to 31 August 1968; and Headquarters, United States Military Assistance Command, Vietnam, General Orders Number 6038, dated 18 October 1969, showing a second award of the Bronze Star Medal for meritorious service in connection with military operations against a hostile force for the period February 1969 to September 1969.

7.  The applicant's DD Form 214 shows that on 1 October 1969 he was honorably released from active duty and transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement) to complete his remaining Reserve service obligation.  He had completed 2 years, 7 months, and 1 day of active military service.  The highest grade/rank he attained while serving on active duty was specialist five (SP5)/pay grade E-5.

8.  Review of the applicant's records indicates entitlement to additional awards and decorations that are not shown on his DD Form 214.

9.  Evidence of record shows the applicant was awarded a second award of the Army Commendation Medal by Headquarters, 101st Airborne Division, General Orders Number 5789, dated 11 September 1968, for meritorious achievement during the period from 1 March 1968 to 31 July 1968.

10.  Army Regulation 600-8-22 (Military Awards) states, in pertinent part, that the first oak leaf cluster is awarded to denote the second and succeeding awards of certain decorations, among which is the Bronze Star Medal and the Army Commendation Medal.

11.  Army Regulation 672-5-1, in effect at the time when the service member was discharged, required that throughout a qualifying period of service for award of the Good Conduct Medal the enlisted person must have had all "excellent" conduct and efficiency ratings and no convictions by a court-martial.  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.

12.  The applicant's records are void of any orders or other documents that indicate he was ever recommended for or awarded the Army Good Conduct Medal by proper authority while serving on active duty.  The applicant's 
DA Form 20 shows all "excellent" conduct and efficiency ratings and no adverse actions were shown in other available records.
 
13.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows unit awards received by units serving in the Republic of Vietnam.  The unit the applicant was assigned to while serving in the Republic of Vietnam was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation based on Department of the Army General Orders Number 43, dated 1970; the Meritorious Unit Commendation based on Department of the Army General Orders Numbers 39, dated 1970; and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation based on Department of the Army General Orders Number 48, dated 1971.

14.  Appendix B of Army Regulation 600-8-22 (Military Awards) shows the campaigns for Vietnam.  During the applicant's tour in Vietnam he participated in the Vietnam Counteroffensive, Phase III (1 June 1967 - 29 January 1968); 
TET Counteroffensive (30 January 1968 - 1 April 1968); Vietnam Counteroffensive, Phase IV (2 April 1968 - 30 June 1968); Vietnam 

Counteroffensive, Phase V (1 July 1968 - 1 November 1968); Vietnam Counteroffensive, Phase VI (2 November 1968 - 22 February 1969);
TET 69 Counteroffensive, 1969 (23 February 1969 - 8 June 1969); and the Vietnam Summer-Fall 1969 (9 June 1969 - 31 October 1969) campaigns.  This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.  A silver service star is awarded in place of five bronze service stars.

DISCUSSION AND CONCLUSIONS:

1.  General orders awarded the applicant two awards of the BSM.  Therefore, he is entitled to correction of his DD Form 214 to show the Bronze Star Medal with first oak leaf cluster.

2.  General orders awarded the applicant two awards of the Army Commendation Medals.  His DD Form 214 shows one award; therefore, he is entitled to have his records corrected to show award of the Army Commendation Medal with first oak leaf cluster.

3.  The applicant completed a period of qualifying service ending with the termination of a period of Federal military service.  The applicant also had "excellent" conduct and efficiency ratings throughout his tenure of service.  Additionally, there is no record of any disciplinary action taken against the applicant or disqualification by his chain of command.  Therefore, it would be appropriate to award the applicant the first award of the Good Conduct Medal and correction of his records to show this award.

4.  Record shows the applicant was awarded the Vietnam Service Medal.  Additionally, records show the applicant participated in seven campaigns while serving in the Republic of Vietnam.  Therefore, he is entitled to award of one silver service star and two bronze service stars to be affixed to his Vietnam Service Medal.

5.  General orders awarded the applicant's unit the Republic of Vietnam Gallantry Cross with Palm Unit Citation, Meritorious Unit Commendation, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, which are not shown on his DD Form 214.  Therefore, he is entitled to correction of his records to show these unit 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.  deleting from item 24 of the applicant's DD Form 214 the Army Commendation Medal and the Vietnam Service Medal;

	b.  awarding the applicant the Army Good Conduct Medal (first award) for the period 1 March 1967 through 1 October 1969; and

   c.  adding to item 24 of the applicant's DD Form 214 the Bronze Star Medal with first oak leaf cluster, Army Commendation Medal with first oak leaf cluster, Army Good Conduct Medal (first award), Vietnam Service Medal with one silver service star and two bronze service stars, Republic of Vietnam Gallantry Cross with Palm Unit Citation, Meritorious Unit Commendation, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.



      _________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)                                         AR20080017145



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ABCMR Record of Proceedings (cont)                                         AR20080017145



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