IN THE CASE OF:	

		BOARD DATE:	 2 April 2009 

		DOCKET NUMBER:  AR20080019025 


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 his award of the Bronze Star Medal (awarded
1 August 1968) and the Republic of Vietnam Gallantry Cross with Bronze Star (awarded 20 June 1968 by the Government of Vietnam) be added to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) with an effective date of 18 September 1968.  He also requests that the Army Commendation Medal (awarded 23 April 1968) entered on his DD Form 214 with an effective date of 18 September 1968 be corrected to include the "V" Device.

2.  The applicant states his DD Form 214 with an effective date of 18 September 1968 does not list all of his awards.

3.  The applicant provides, in support of his application, copies of his authorization to accept and wear the Republic of Vietnam Gallantry Cross with Bronze Star, orders for his award of the Bronze Star Medal, orders for his award of the Army Commendation Medal with "V" Device, and his DD Form 214 with an effective date of 18 September 1968.

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 military personnel records show he was inducted into the Army of the United States on 2 March 1966.  He completed basic combat and advanced individual training and was awarded military occupational specialty (MOS) 05B (Radio Operator).

3.  Headquarters, 2nd Armored Division, Fort Hood, Texas, Special Orders Number 117, dated 27 April 1966, awarded the applicant the Sharpshooter Marksmanship Qualification Badge with Rifle Bar.

4.  On 25 February 1967, the applicant was assigned to Headquarters, U.S. Military Assistance Command (USMACV), Vietnam.

5.  On 1 March 1968, the applicant was released from active duty and transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement) to complete his remaining Reserve obligation.  He had completed 2 years of active service that was characterized as honorable.

6.  On 2 March 1968, the applicant volunteered for orders to active duty for a period of 7 months in the Republic of Vietnam.

7.  Headquarters, USMACV letter, dated 22 April 1968, authorized the applicant to accept and wear the Republic of Vietnam Armed Forces Honor Medal, Second Class.

8.  Headquarters, USMACV General Orders Number 1017, dated 23 April 1968, awarded the applicant the Army Commendation Medal with "V" Device for heroism in connection with military operations against a hostile force on
31 January 1968 in the Republic of Vietnam.

9.  Headquarters, USMACV Special Orders Number 157, dated 5 June 1968, promoted the applicant to staff sergeant (SSG)/pay grade E-6.

10.  Headquarters, USMACV letter, dated 20 June 1968, authorized the applicant to accept and wear the Republic of Vietnam Gallantry Cross with Bronze Star.

11.  Headquarters, USMACV General Orders Number 2374, dated 1 August 1968 awarded the applicant the Bronze Star Medal for meritorious service in connection with military operations against a hostile force during the period from February 1967 to August 1968.

12.  Item 41 (Awards and Decorations) of the applicant's DA Form 20 (Enlisted Qualification Record) shows he was awarded the Bronze Star Medal and cites Headquarters, USMACV General Order 2374 as authority.

13.  On 15 September 1968, the applicant returned to the continental U.S. and he was released from active duty on 18 September 1968.  He had completed 
6 months and 17 days of active service that was characterized as honorable.

14.  Among the awards listed in Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant’s DD Form 214 is the Vietnam Service Medal.  Item 24 does not show the applicant was awarded the Bronze Star Medal or the Republic of Vietnam Gallantry Cross with Bronze Star.  Item 24 does show the Army Commendation Medal but does not indicate it was awarded with the "V" device.

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

16.  There is no evidence the applicant received the first award of the Army Good Conduct Medal.  There also is no evidence the applicant was disqualified by his chain of command from receiving the Army Good Conduct Medal.  Records do not show indiscipline or lost time.  His records do not contain any adverse information and his DA Form 20 shows he received conduct and efficiency ratings of “excellent” throughout his service.

17.  The applicant's military service records do not contain orders for the award of the Army Good Conduct Medal.

18.  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 was each 3 years except in those cases when the period for the first award was at least 1 year of service and ended 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.  

19.  Based on the applicant's dates of service in Vietnam, Appendix B, Table B-1 of Army Regulation 600-8-22 (Military Awards) shows he participated in the following campaigns:  the Vietnam Counteroffensive, Phase II Campaign (1 July 1966 – 31 May 1967); Vietnam Counteroffensive, Phase III Campaign (1 June 1967 – 29 January 1968); Tet Counteroffensive Campaign (30 January 1968 – 
1 April 1968); Vietnam Counteroffensive, Phase IV Campaign (2 April 1968 – 
30 June 1968); and the Vietnam Counteroffensive, Phase V Campaign (1 July 1968 - 1 November 1968).

20.  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.  A silver service star is worn instead of five bronze service stars.  The regulations state that authorized service stars will be worn on the appropriate campaign and service medal, which in this case is the Vietnam Service Medal.  

21.  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 that all units assigned in Vietnam from 
8 February 1962 through 28 March 1973 were awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation, based on Department of the Army General Order Number 8, dated 1974.

DISCUSSION AND CONCLUSIONS:

1.  Orders and the applicant's DA Form 20 show he was awarded the Bronze Star Medal.  Therefore, it is appropriate to include this award in item 24 of his 
DD Form 214 with an effective date of 18 September 1968.

2.  The orders awarding the applicant the Army Commendation Medal for action on 31 January 1968 clearly show the award was announced with the "V" Device.  Therefore, it is appropriate to amend item 24 of the applicant's DD Form 214 with an effective date of 18 September 1968 to show he was awarded the Army Commendation Medal with "V" Device.

3.  In the absence of evidence showing disqualification, the applicant is entitled to the first award of the Army Good Conduct Medal based on completion of qualifying service from 2 March 1966 to 18 September 1968 ending with termination of a period of Federal military service.  Therefore, is it appropriate to award the applicant the Army Good Conduct Medal for the period from 2 March 1966 to 18 September 1968 and to include this award in item 24 of his DD Form 214 with an effective date of 18 September 1968.

4.  The applicant's military personnel records show he participated in five campaigns during his service in Vietnam.  Therefore, he is authorized one silver service star to be worn on his Vietnam Service Medal. 

5.  Orders in the applicant's military record show he was awarded the Sharpshooter Marksmanship Qualification Badge with Rifle Bar.  Therefore, it is appropriate to include this award in item 24 of his DD Form 214 with an effective date of 18 September 1968.

6.  The applicant's military records contain authorization for him to accept and wear the Republic of Vietnam Armed Forces Honor Medal, Second Class and the Republic of Vietnam Gallantry Cross with Bronze Star.  Therefore, it is appropriate to include these awards in item 24 of the applicant's DD Form 214 with an effective date of 18 September 1968.

7.  Based on the applicant's service in the Republic of Vietnam he is authorized the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  Therefore, it is appropriate to include this award in item 24 of the applicant's DD Form 214 with an effective date of 18 September 1968.

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 with an effective date of 18 September 1986 the Army Commendation Medal and the Vietnam Service Medal;

	b.  awarding the applicant the Army Good Conduct Medal for the period of service from 2 March 1966 to 18 September 1968; and

	c.  adding to item 24 of the applicant's DD Form 214 with an effective date of 18 September 1968 the Bronze Star Medal; Army Commendation Medal with "V" Device; Army Good Conduct Medal; Vietnam Service Medal with one silver service star; Republic of Vietnam Armed Forces Honor Medal, Second Class; Republic of Vietnam Gallantry Cross with Bronze Star; Republic of Vietnam Gallantry Cross with Palm Unit Citation; and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar.



      _________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)                                         AR20080019025



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20080019025



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1