IN THE CASE OF:	  

		BOARD DATE:	        5 February 2009

		DOCKET NUMBER:  AR20080017374 


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 Armed Forces of the United States Report of Transfer or Discharge (DD Form 214) to show award of the Bronze Star Medal.

2.  The applicant states that he does not understand why it was omitted from his DD Form 214.

3.  The applicant provides, in support of his application, copies of his orders, citation, and certificate for award of the Bronze Star Medal.

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.  On 7 February 1969, the applicant was inducted into the Army of the United States for 2 years.  He completed his initial training and was awarded military occupational specialty 11B (Light Weapons Infantryman).

3.  Special Orders Number 78, United States Army Training Center, Armor and Fort Knox, Fort Knox, Kentucky, dated 19 March 1969, awarded the applicant the Marksman Marksmanship Qualification Badge with Rifle Bar [M-14].

4.  Special Orders Number 114, United States Army Training Center, Infantry and Fort Polk, Fort Polk, Louisiana, dated 14 May 1969, awarded the applicant the Marksman [Second Class Gunner] Marksmanship Qualification Badge with Machinegun Bar [M-60].

5.  Special Orders Number 116, United States Army Training Center, Infantry and Fort Polk, Fort Polk, Louisiana, dated 16 May 1969, awarded the applicant the Marksman Marksmanship Qualification Badge with Rifle Bar [M-16].

6.  On 19 June 1969, the applicant was assigned for duty as an automatic rifleman with the 1st Battalion, 35th Infantry Regiment, in the Republic of Vietnam.

7.  On 8 March 1970, the applicant was reassigned for duty with the 3rd Battalion, 8th Infantry Regiment, in the Republic of Vietnam.

8.  General Orders Number 1504, 4th Infantry Division, dated 14 March 1970, awarded the applicant the Army Commendation Medal for meritorious achievement during the period from 1 January to 1 March 1970.

9.  General Orders Number 3434, 4th Infantry Division, dated 16 June 1970, awarded the applicant the Bronze Star Medal for meritorious service during the period from July 1969 to July 1970.

10.  On 2 July 1970, the applicant returned to the United States for duty at Fort Carson, Colorado.

11.  On 5 February 1971, the applicant was released from active duty.  He had attained the rank of sergeant, pay grade E-5, and had completed 1 year, 11 months, and 29 days of creditable active duty.

12.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 lists his awards as the National Defense Service Medal, Vietnam Service Medal with two bronze service stars, Combat Infantryman Badge, and [Republic of] Vietnam Campaign Medal with Device (1960).  It does not show award of the Bronze Star Medal.

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

14.  Item 38 (Record of Assignments) of the applicant's Enlisted Qualification Record (DA Form 20) shows that his conduct and efficiency were excellent.  The applicant’s records do not contain any evidence of disciplinary action.  There is no evidence to show that the commander took any action to deny him the Army Good Conduct Medal.

15.  Army Regulation 672-5-1 (Military Awards), in effect at the time, provided that the Army Good Conduct Medal was awarded to individuals who had completed a qualified 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.  The enlisted person must have had all "excellent" conduct and efficiency ratings and no convictions by a court-martial.  Ratings of "unknown" for portions of the period under consideration are not disqualifying.  Service and efficiency ratings based upon academic proficiency of at least "good" rendered subsequent to 22 November 1955 are not disqualifying.

16.  Appendix B of Army Regulation 600-8-22 (Military Awards) shows that based on the applicant's dates of service in the Republic of Vietnam, he participated in the following four campaign periods:  the Vietnam Summer-Fall 1969, the Vietnam Winter-Spring 1970, the DA Sanctuary Counteroffensive, and the Vietnam Counteroffensive Phase VII.   This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.

17.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in the Republic of Vietnam.  This publication shows that the 8th Infantry Regiment, during the time of the applicant's assignment, was cited in Department of the Army General Orders (DAGO) Number 69, dated in 1969, for award of the Presidential Unit Citation.  This publication further shows that the 35th Infantry Regiment, during the time of the applicant's assignment, was cited in DAGO Number 38, dated in 1970, for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation and in DAGO Number 53, dated in 1970, for award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.



DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his Bronze Star Medal was omitted from his DD Form 214.

2.  General orders show that the applicant was awarded the Bronze Star Medal and the Army Commendation Medal.  Therefore, his records should be corrected to show these awards.

3.  The applicant’s records clearly show that he distinguished himself in the performance of his military service.  Therefore, it is presumed that his not receiving an Army Good Conduct Medal for his service was an oversight.  Accordingly, he should be awarded this medal.

4.  The applicant’s unit was cited in general orders for award of the Presidential Unit Citation.  Therefore, his records should be corrected to show this unit award.

5.  Records show that the applicant participated in four campaign periods during his service in the Republic of Vietnam.  Therefore, he is eligible for award of four bronze service stars to be affixed to his Vietnam Service Medal.

6.  The applicant's unit was cited in general orders for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.  Therefore, his records should be corrected to show these foreign unit awards.

7.  Special orders show that the applicant was awarded the Marksman Marksmanship Qualification Badge with Rifle and Machinegun Bars.  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.  awarding him the Army Good Conduct Medal for the period from 7 February 1969 to 5 February 1971; and

	b.  showing that, in addition to the awards shown on his DD Form 214, his authorized awards include the Presidential Unit Citation, Bronze Star Medal, Army Commendation Medal, Army Good Conduct Medal, four bronze service stars to be affixed to his already-awarded Vietnam Service Medal in lieu of the two bronze service stars now shown, Republic of Vietnam Gallantry Cross with Palm Unit Citation, Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, and the Marksman Marksmanship Qualification Badge with Rifle and Machinegun Bars.



      __________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)                                         AR20080017374



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ABCMR Record of Proceedings (cont)                                         AR20080017374



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