IN THE CASE OF:	  

		BOARD DATE:	        28 April 2009

		DOCKET NUMBER:  AR20080019604 


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 DD Form 214 (Report of Transfer or Discharge) to show award of the Bronze Star Medal with "V" Device, the Air Medal, the Good Conduct Medal, and a Letter of Commendation. 

2.  The applicant states that his DD Form 214 does not show all of his medals and the commendation that he earned.

3.  The applicant provides a copy of his DD Form 214; orders and an award certificate for the Bronze Star Medal with "V" Device; a citation, award certificate, and orders for the Air Medal; and a Letter of Commendation 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 on 6 September 1967.  He arrived in Vietnam on 
5 March 1968.  He served as a light weapons infantryman assigned to Company A, 1st Battalion, 28th Infantry of the 1st Infantry Division in Vietnam from 
15 March 1968 through 28 February 1969.  On 7 June 1969, the applicant was released from active duty in the temporary rank of sergeant after completing 
1 year, 9 months, and 2 days of creditable active service with no time lost.

3.  The applicant’s DD Form 214 shows the National Defense Service Medal, the Army Commendation Medal, the Vietnam Service Medal, the Republic of Vietnam Campaign Medal with Device (1960), the Combat Infantryman Badge, two awards of the Overseas Service Bar, the Expert Marksmanship Qualification Badge with Rifle Bar, and the Republic of Vietnam Gallantry Cross with Palm Unit Citation as authorized awards.
  
4.  Headquarters, 1st Infantry Division General Orders Number 627, dated 
23 January 1969, show the applicant received the Bronze Star Medal with "V" Device for heroism on 12 September 1968 in Vietnam.

5.  Headquarters, 1st Infantry Division General Orders Number 1652, dated 
6 March 1969, show the applicant received the Air Medal for the period 4 June 1968 to 22 August 1968.

6.  There is no evidence the applicant received the first award of the Good Conduct Medal.  There also is no evidence the applicant was disqualified by his chain of command from receiving the Good Conduct Medal.  His records show he received conduct and efficiency ratings of "excellent" throughout his service.

7.  In support of his claim, the applicant provided a Letter of Commendation, dated 21 February 1969.

8.  Records show the applicant participated in five campaigns during his assignment in Vietnam.

9.  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 applicant's unit is entitled to award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation based on Department of the Army General Orders Number 53, dated 1970.

10.  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 except that a service school efficiency rating based upon academic proficiency of at least "good" rendered subsequent to 22 November 1955 was not disqualifying.  However, there was no right or entitlement to the medal until the immediate commander made positive recommendation for its award and until the awarding authority announced the award in General Orders.

11.  Army Regulation 635-5 (Separation Documents) provides instructions for the preparation of the DD Form 214.  This regulation provides that Certificates of Achievement, Letters of Appreciation, and similar documents are not recorded on the DD Form 214.

12.  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.  This regulation also provides that a silver service star is authorized in lieu of five bronze service stars.

DISCUSSION AND CONCLUSIONS:

1.  Orders show the applicant received the Bronze Star Medal with "V" Device and the Air Medal.  Therefore, his DD Form 214 should be corrected to show these medals. 

2.  The applicant was separated in the temporary rank of sergeant with 
21 months of creditable active service with no time lost.  It appears the applicant met the eligibility criteria for the first award of the Good Conduct Medal for the period 6 September 1967 through 7 June 1969 based on completion of a period of qualifying service ending with the termination of a period of Federal military service.  Therefore, his records should be corrected to show this award.

3.  The governing regulation states that certificates of achievement, letters of appreciation, and similar documents are not recorded on the DD Form 214.    

4.  The applicant participated in five campaigns during his assignment in Vietnam which entitles him to award of the Vietnam Service Medal with one silver service star.

5.  The applicant's unit was cited for award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation while he was assigned to it.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

__X____  __X_____  ___X____  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 partial 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 first award of the Good Conduct Medal for the period 
6 September 1967 through 7 June 1969; and 

	b.  adding the Good Conduct Medal, the Bronze Star Medal with "V" Device, the Air Medal, the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, and one silver service star for wear on his already-awarded Vietnam Service Medal on his DD Form 214.
 	
2.  The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to amending his DD Form 214 to show a Letter of Commendation.  



      _______ _   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)                                         AR20080019604





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ABCMR Record of Proceedings (cont)                                         AR20080019604



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