IN THE CASE OF:	 

		BOARD DATE:	      21 January 2009

		DOCKET NUMBER:  AR20080017253 


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 a second award of the Bronze Star Medal and the Army Commendation Medal.  

2.  The applicant states, in effect, that his DD Form 214 shows only one award of the Bronze Star Medal but he actually has two awards.  He also states that his DD Form 214 does not show award of the Army Commendation Medal.  

3.  The applicant provides copies of Headquarters, 1st Cavalry Division (Airmobile) General Orders Number 19487, dated 7 November 1970; General Orders Number 14134, dated 5 August 1970; and General Orders Number 2403, dated 5 February 1971 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 was inducted into the Army of the United States on 2 July 1969.  At the completion of basic combat and advanced individual training, he was awarded military occupational specialty (MOS) 13A (Field Artillery Basic).  His highest grade attained was specialist four (SP4)/E-4.  

3.  He was assigned to Vietnam on 11 December 1969 with Headquarters and Headquarters Battery, 1st Battalion, 77th Artillery, 1st Cavalry Division (Airmobile).  

4.  General Orders Number 14134, dated 5 August 1970, show the applicant was awarded the Bronze Star Medal for meritorious achievement in connection with military operations against a hostile force in the Republic of Vietnam during the period February 1970 to April 1970.

5.  General Orders Number 19487, dated 7 November 1970, show the applicant was awarded a second award of the Bronze Star Medal for meritorious service in connection with military operations against a hostile force in the Republic of Vietnam during the period December 1969 to December 1970.

6.  He departed Vietnam on 4 February 1971 and was credited with participation in the Vietnam Winter-Spring 1970 Campaign, the DA Sanctuary Counteroffensive Campaign, and the Vietnam Counteroffensive Phase VII campaigns.

7.  General Orders Number 2403, dated 5 February 1971, show the applicant was awarded the Army Commendation Medal for meritorious service in connection with ground forces against a hostile enemy force in the Republic of Vietnam from February 1970 to February 1971.  

8.  The applicant was honorably released from active duty on 5 February 1971. He completed 1 year, 7 months, and 4 days of active military service with no days of lost time.  His DA Form 20 (Enlisted Qualification Record) shows he received conduct and efficiency ratings of "excellent" throughout his service. 

9.  His DD Form 214 shows he was awarded the National Defense Service Medal, the Vietnam Service Medal, the Bronze Star Medal, the Republic of Vietnam Campaign Medal, two Overseas Service Bars, the Air Medal, and the Sharpshooter Marksmanship Qualification Badge with M-14 and M-16 Rifle Bars.  

10.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows that, at the time of the applicant’s assignment to the 1st Battalion, 77th Artillery, this unit was cited for award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation by Department of the Army General Orders (DAGO) Number 42, dated 1972.

11.  Department of the Army Pamphlet 672-3 shows that, at the time of the applicant’s assignment to the 1st Battalion, 77th Artillery, this unit was cited for award of the Valorous Unit Award by DAGO Number 43, dated 1972.

12.  Department of the Army Pamphlet 672-3 shows that, at the time of the applicant’s assignment to the 1st Battalion, 77th Artillery, this unit was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation by DAGO Number 11, dated 1973.

13.  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.

14.  Army Regulation 600-8-22, in pertinent part, authorizes award of a bronze service star, based on qualifying service, for each campaign listed in Appendix B of this regulation and states that authorized bronze service stars will be worn on the appropriate service medal.

15.  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.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 shows only one award of the Bronze Star Medal and it does not show award of the Army Commendation Medal.  

2.  General orders show the applicant was awarded a second award of the Bronze Star Medal for meritorious achievement during the period February 1970 to April 1970.  Therefore, his DD Form 214 should be amended to reflect the Bronze Star Medal (first oak leaf cluster).  

3.  General orders show the applicant was awarded the Army Commendation Medal.  Therefore, his DD Form 214 should be amended to show this award.

4.  It appears that the applicant has met the regulatory requirements for the first award of the Army Good Conduct Medal for a qualifying period from 2 July 1969 through 5 February 1971.

5.  The applicant was assigned to a unit during a period it was awarded the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, the Valorous Unit Award, and the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  Therefore, these awards should be added to his DD Form 214.

6.  The applicant’s DD Form 214 currently reflects the Vietnam Service Medal as an authorized award; however, he received credit for participation in three campaigns during the Vietnam War.  Therefore, his DD Form 214 should be amended to reflect three bronze service stars for wear on his Vietnam Service Medal.

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 the period 2 July 1969 through 5 February 1971;

	b.  deleting the entry "Bronze Star Medal" from his DD Form 214;

   c.  deleting the entry "Vietnam Service Medal" from his DD Form 214; and 


	d.  adding the Bronze Star Medal (first oak leaf cluster), the Army Commendation Medal, the Army Good Conduct Medal, the Vietnam Service Medal with three bronze service stars, the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, the Valorous Unit Award, and the Republic of Vietnam Gallantry Cross with Palm Unit Citation, to his DD Form 214.



      _______xxx_______________
               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)                                         AR20080017253



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ABCMR Record of Proceedings (cont)                                         AR20080017253



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