IN THE CASE OF:	  

		BOARD DATE:	        31 MARCH 2009

		DOCKET NUMBER:  AR20080018198 


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 that his records be corrected to reflect his awards of the Bronze Star Medal (BSM) and the Republic of Vietnam Gallantry Cross with Palm Unit Citation and that he be provided medal sets for all of his authorized awards.

2.  The applicant states that he desires his records to be correct for his children and grandchildren.

3.  The applicant provides a copy of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).

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 requests that he be provided medal sets for all of his authorized awards.  However, the ABCMR does not issue awards.  The applicant is advised that requests for medal sets for previously approved awards should be forwarded to the National Personnel Records Center (NPRC), ATTN: Army Reference Branch, 9700 Page Boulevard, St. Louis, Missouri 63132-5200.  The NPRC will verify the awards to which a retiree/veteran is entitled and forward the request with verification to the appropriate service department for issuance of the medals.  Requests to the NPRC may be submitted via a letter or completing a Standard Form 180 (which can be found at http://www.archives.gov/st-louis/military-personnel/index.html.)  Requests must include a copy of the retiree's/veteran's separation or discharge paperwork and any other supporting documentation to substantiate his request.  Therefore, this portion of the applicant's request will not be discussed further in these Proceedings.

3.  The applicant was inducted into the Army of the United States in St. Louis, Missouri on 15 August 1966.  He completed his basic combat training at Fort Leonard Wood, Missouri and his advanced individual training as an infantry indirect fire crewman at Fort Polk, Louisiana before being transferred to Vietnam on 16 March 1967.

4.  He was assigned to Company C, 2nd Battalion, 12th Cavalry Regiment, 1st Cavalry Division and was promoted to the pay grade of E-5 on 6 November 1967.

5.  He departed Vietnam on 11 March 1968 and was transferred to Fort Campbell, Kentucky, where he remained until he was honorably released from active duty (REFRAD) on 6 August 1968.  He had served 1 year, 11 months, and 22 days of total active service and his DD Form 214 issued at the time of his REFRAD reflects in item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) that he was awarded the National Defense Service Medal, the Vietnam Service Medal (VSM), the Republic of Vietnam Campaign Medal, the Sharpshooter Marksmanship Qualification Badge with Rifle Bar, the Combat Infantryman Badge, and the Air Medal.

6.  The applicant's records contain original carbon copies of his citations for the Air Medal and the BSM.  However, there are no orders present for his award of the BSM.

7.  The BSM citation contained in his records show that he was awarded the BSM for meritorious service during the period of March 1967 to March 1968.

8.  A search of the U.S. Army Human Resources Command Awards and Decorations Computer-Assisted Retrieval System (ADCARS), a web-based index containing roughly 611,000 general orders issued between 1965 and 1973 for the Vietnam era, failed to show that the applicant was awarded the BSM.

9.  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.  

10.  A review of the applicant's DD Form 214 indicates that he is entitled to additional awards that are not shown on this form.

11.  A review of the applicant's official records shows that the applicant had "excellent" conduct and efficiency ratings throughout his service and his record is void of any derogatory information that would serve to disqualify him for award of the Good Conduct Medal.  

12.  Army Regulation 600-8-22 establishes the criteria for award of the Army Good Conduct Medal (GCMDL).  It states, in pertinent part, that the GCMDL was established by Executive Order 8809, 28 June 1941 and was amended by Executive Order 9323, 1943 and by Executive Order 10444, 10 April 1953 and is awarded for exemplary behavior, efficiency, and fidelity in active Federal military service.  The regulation also states, in pertinent part, that for first award only, upon termination of service on or after 27 June 1950, a period of service of less than 3 years but more than 1 year qualifies for award of the GCMDL.  The regulation outlines the criteria for award of the Good Conduct Medal (GCMDL) and provides, in pertinent part, that the GCMDL is awarded for exemplary behavior, efficiency, and fidelity in active Federal military service.  It is awarded on a selective basis to each soldier who distinguishes him or herself from among their fellow soldiers by their exemplary conduct, efficiency, and fidelity throughout their service.  There is no right or entitlement to the medal until the immediate commander has approved the award and the award has been announced in permanent orders.  

13.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in Vietnam.  This document shows the unit to which the applicant was assigned was awarded the Presidential Unit Citation (PUC), the Valorous Unit Award (VUA), and the Republic of Vietnam Gallantry Cross with Palm (RVNGC w/Palm) Unit Citation for the period he was assigned to the unit.
14.  Appendix B of Army Regulation 600-8-22 shows that the applicant participated in the following three campaigns during his tour of duty in Vietnam:  Vietnam Counteroffensive Phase II (1 July 1966 – 31 May 1967), Vietnam Counteroffensive Phase III (1 June 1967 – 20 January 1968), and Tet Counteroffensive (30 January 1968 – 1 April 1968).  This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.  

DISCUSSION AND CONCLUSIONS:

1.  While normally orders are required in order to enter an award in an individual's official records, the fact that the citation contained in the applicant's records is an original carbon copy of the citation, it is reasonable to presume that 
it is authentic and that the orders awarding him the BSM were misplaced or that administrative oversight caused them not to be properly filed in his official records.  However, it is reasonable to believe that he was in fact awarded the BSM and it should be added to his records at this time.

2.  The evidence of record also shows that the applicant's unit was awarded the RVNGC with Palm Unit Citation, the PUC, and the VUA subsequent to his departure from Vietnam.  Additionally, he participated in three campaigns and should also be awarded three bronze service stars for wear on his already- awarded VSM.

3.  It is also noted that the applicant’s records contain no derogatory information that would serve to disqualify him for award of the GCMDL.  Therefore, it must be presumed that the failure to award him the GCMDL was the result of an administrative error.  Accordingly, it would be in the interest of justice to award him the GCMDL for the period of 15 August 1966 to 6 August 1968.

4.  Additionally, the applicant should be issued medal sets for all of these additional authorized awards.

BOARD VOTE:

___X_____  ___X_____  ___X_____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION


BOARD DETERMINATION/RECOMMENDATION:

1.  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 his DD Form 214 the Vietnam Service Medal;

	b.  awarding him the GCMDL for the period from 15 August 1966 to 6 August 1968; and

	c.  adding to item 24 of his DD Form 214 the BSM, GCMDL, RVNGV w/Palm Unit Citation, PUC, VUA, and the Vietnam Service Medal with three bronze service stars.

2.  The Board wants the applicant and all others to know that the sacrifices he made in service to the United States during the Vietnam War are deeply appreciated.  The applicant and all Americans should be justifiably proud of his service in arms.



      ________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)                                         AR20080018198



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20080018198



5


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1