IN THE CASE OF:	  

		BOARD DATE:	  24 March 2009

		DOCKET NUMBER:  AR20080018309 


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, correction of his record to show he was awarded the Bronze Star Medal with First Oak Leaf Cluster and the Army Commendation Medal.

2.  The applicant states, in effect, that he believes these awards were omitted from his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) as the result of administrative error or oversight.

3.  The applicant provides copies of award orders, award citations, an award certificate, and a newspaper article as documentary evidence in support of this 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 that he was inducted into the Army of the United States on 20 August 1969.  He completed basic combat and advanced individual training.  Upon completion of advanced individual training he was awarded military occupational specialty 91A (Medical Corpsman).  The highest rank he attained while serving on active duty was specialist five (SP5)/pay grade E-5.  The applicant served a tour of duty in the Republic of Vietnam during the period 10 March 1970 through 23 March 1971.  The applicant was released from active duty effective 24 March 1971 and transferred to the United States Army Reserve Control Group (Annual Training) to complete his remaining military service obligation.

3.  The applicant's record shows that he served in Headquarters and Headquarters Company, 1st Battalion, 6th Infantry Regiment, 198th Infantry Brigade, 23d Infantry Division, during his tour of duty in the Republic of Vietnam.

4.  The applicant's record contains Headquarters, Americal Division, General Orders 6244, dated 16 June 1970, which awarded the applicant the Bronze Star Medal for meritorious achievement in connection with military operations against a hostile force on 7 April 1970.

5.  The applicant provides a Department of the Army Award Citation showing that he was awarded the Army Commendation Medal for distinguishing himself by exceptionally meritorious achievement in support of military operations against communist aggression in the Republic of Vietnam during the period 1 August 
1970 to 30 November 1970.  The applicant also provides a Department of the Army award certificate commemorating his award of the Army Commendation Medal for the aforementioned reason and period of time.

6.  The applicant provides a copy of a portion of The Asheville Times newspaper issued on 5 December 1970.  This portion of the newspaper contains an article entitled "GI Honored for Courage," which was submitted by a sergeant assigned to the 198th Infantry Brigade located at Chu Lai in the Republic of Vietnam.  The article refers to the actions of the applicant on 7 April 1970 while his platoon was operating near My Lai.  The article, in pertinent part, reads as follows:  "On April 7 while his platoon was operating near My Lai, [the applicant] as a medic treated seven wounded GI's while his platoon was under constant fire from the enemy.  For this, he was presented the Bronze Star [Medal] and in September, he was presented a second Bronze Star [Medal] and also the Army Commendation Medal.  The people of your area should be very proud of this young man for his outstanding courage as a platoon medic."

7.  The Assistant Adjutant of the Department of the Army, Office of the Adjutant General, U.S. Army Reserve Components Personnel and Administration Center, St. Louis, Missouri, sent the applicant an undated letter informing him that the commander of the organization in which he served his active duty had awarded him the Bronze Star Medal with First Oak Leaf Cluster.

8.  The applicant provides Headquarters, 23d Infantry Division, General Orders Number 02057, dated 19 February 1971, which awarded him the Bronze Star Medal with First Oak Leaf Cluster for meritorious service in connection with military operations against a hostile force from March 1970 through February 1971.  The applicant also provides a copy of the Department of the Army Award Citation that accompanied this award.

9.  Both item 41 (Awards and Decorations) of the applicant's DA Form 20 (Enlisted Qualification Record) and item 24 (Decorations, Medals, Badges, Commendation, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 show award of the National Defense Service Medal, Vietnam Service Medal, Bronze Star Medal, Republic of Vietnam Campaign Medal with Device (1960), Combat Medical Badge, and the Marksman Marksmanship Qualification Badge with M-14 Bar.

10.  A review of the Awards and Decorations Computer-Assisted Retrieval System, an index of general orders issued during the Vietnam era between 1965 and 1973 maintained by the Military Awards Branch of the U.S. Army Human Resources Command, revealed Headquarters, 23d Infantry Division, General Orders Number 16475, dated 20 December 1970, which awarded the applicant the Army Commendation Medal for meritorious achievement in connection with military operations against a hostile force during the period 1 August 1970 through 30 November 1970.

11.  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.

12.  Department of the Army Pamphlet 672-3 shows the unit the applicant was assigned to while serving in the Republic of Vietnam was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for actions during the period 31 March through 30 June 1970 by Department of the Army General Orders Number 42, dated 1972.

13.  Army Regulation 600-8-22 (Military Awards), 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.

14.  The applicant's record shows he participated in three campaigns during his service in the Republic of Vietnam:  Vietnam Winter-Spring 1970, Department of the Army Sanctuary Counteroffensive, and Vietnam Counteroffensive, Phase VII.

15.  Army Regulation 672-5-1 (Military Awards), in effect at the time, provides that the Good Conduct Medal is awarded to individuals who have 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.  Item 38 (Record of Assignments) of the applicant's DA Form 20 shows that he received conduct and efficiency ratings of "excellent" for each of his duty assignments.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contentions that his records should be corrected to show he was awarded the Bronze Star Medal with First Oak Leaf Cluster and the Army Commendation Medal were carefully considered and determined to have merit.

2.  General orders awarded the applicant the Bronze Star Medal with First Oak Leaf Cluster.  Therefore, he is entitled to have his records corrected to show receipt of this individual award.

3.  General orders awarded the applicant the Army Commendation Medal.  Therefore, he is entitled to have his records corrected to show receipt of this individual award.

4.  General Orders show the applicant is entitled to wear the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  Therefore, he is entitled to have his records corrected to show this foreign unit award.

5.  The evidence of record shows the applicant is entitled to award of the Good Conduct Medal based upon completion of a period of qualifying service ending with the termination of a period of Federal military service.  The applicant's qualifying period of service was from 20 August 1969 through 24 March 1971.  Therefore, he is entitled to correction of his records to show this award.

6.  Records show that the applicant was awarded the Vietnam Service Medal.  Evidence shows that he participated in three campaigns during his service in the Republic of Vietnam.  Therefore, he is eligible for award of three bronze service stars to be affixed to his already-awarded 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 Good Conduct Medal for the period of service from 20 August 1969 through 24 March 1971 and

	b.  adding the following awards to his DD Form 214:

		(1)  the Bronze Star Medal with First Oak Leaf Cluster,

		(2)  the Army Commendation Medal,

		(3)  the Good Conduct Medal,

		(4)  the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and


		(5)  three bronze service stars to be affixed to his previously awarded Vietnam Service Medal.



      __________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)                                         AR20080018309



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ABCMR Record of Proceedings (cont)                                         AR20080018309



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