IN THE CASE OF:	  

		BOARD DATE:	  12 May 2009

		DOCKET NUMBER:  AR20090000418 


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 the Bronze Star Medal (BSM) be added to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) and DA Form 20 (Enlisted Qualification Record).

2.  The applicant states, in effect, he just wanted to put Vietnam behind him when he was discharged; however, after his mother died he found the BSM documents and realized this award was not in his record.  He states he would now like this award added to his record and DD Form 214 so he can pass this to his grandchildren.

3.  The applicant provides copies of a BSM certificate with citation, DD Form 214, and DA Form 20 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's record shows he was inducted into the Army of the United States and entered active duty on 2 May 1967.  He was trained in and awarded military occupational specialty 31M (Radio Release Carrier Operator) and specialist four/E-4 is the highest rank he attained while serving on active duty.

3.  The applicant’s DA Form 20 shows he served in the Republic of Vietnam (RVN) from 11 November 1967 through 9 December 1968.  Item 38 (Record of Assignments) shows that during his RVN tour, he was assigned to Company D, 36th Signal Battalion, from 15 November 1967 through 2 February 1968 and from 20 March 1968 through 6 December 1968.  He was assigned to the 586th Signal Company from 3 February 1968 through 19 March 1968 in the interim.  Item 41 (Awards and Decorations) shows he earned the National Defense Service Medal (NDSM), Vietnam Service Medal (VSM), Marksman Marksmanship Qualification Badge with Rifle Bar, and two overseas service bars.

4.  The applicant's official military personnel file (OMPF) is void of any derogatory information or a unit commander disqualification that would have precluded him from receiving the Army Good Conduct Medal (AGCM).

5.  The applicant's OMPF also contains Headquarters, 1st Signal Brigade, U.S. Army Strategic Command, General Orders Number 170, dated 5 February 1969, which awarded the applicant the BSM for his meritorious service in connection with military operations against a hostile force during the period 10 March 1968 through 27 January 1969.

6.  On 10 December 1968, the applicant was honorably released from active duty after completing a total of 1 year, 7 months, and 9 days of active military service. 
Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of the DD Form 214 he was issued at the time shows he earned the NDSM, RVN Campaign Medal (RVNCM), VSM, Expert Marksmanship Qualification Badge with Rifle Bar (M-16), Marksman Marksmanship Qualification Badge with Rifle Bar (M-16), and two overseas service bars.

7.  Army Regulation 600-8-22 (Military Awards) contains the Army's awards policy.  Paragraph 2-13 contains guidance on the VSM.  It states, in pertinent part, that a bronze service star is authorized for each campaign a member is credited with participating in while serving in the RVN.  It further states that a silver service star is worn in lieu of five bronze service stars to denote 
participation in five campaigns.  Table B-1 contains a list of RVN campaigns and shows that during the applicant's tenure of assignment in the RVN, participation credit was granted for the Vietnam Counteroffensive Phase III, TET Counteroffensive, Vietnam Counteroffensive Phase IV, Vietnam Counteroffensive Phase V, and Vietnam Counteroffensive Phase VI campaigns.

8.  Chapter 4 of Army Regulation 600-8-22 prescribes the policy for award of the AGCM.  It states, in pertinent part, that the AGCM is awarded to individuals who distinguish themselves by their conduct, efficiency, and fidelity during a qualifying 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, in which case a period of more than 1 year is a qualifying period.  Although there is no automatic entitlement to the AGCM, disqualification must be justified.

9.  Paragraph 9-13 of Army Regulation 600-8-22 contains guidance on award of the RVNCM.  It states, in pertinent part, that the Device (1960) is authorized with this award.

10.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows that during the applicant’s tenure of assignment in the RVN, Company D, 36th Signal Battalion, was awarded the Meritorious Unit Commendation (MUC) in Department of the Army General Order (DAGO) 73, dated 1968.

11.  DAGO 8, dated 1974, authorized the award of the RVN Gallantry Cross with Palm Unit Citation to all personnel assigned to the RVN from 8 February 1962 through 28 March 1973.

12.  At the time, Army Regulation 600-200, chapter 9, prescribed instructions for preparing and maintaining the DA Form 20.  In pertinent part, it stated that the chapter was applicable to all enlisted personnel on active duty and all Army Reserve enlisted personnel assigned to U. S. Army Reserve troop program units.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that he earned the BSM was carefully considered and found to have merit.  The evidence of record confirms the applicant was awarded the BSM for his meritorious service during the period 10 March 1968 through 27 January 1969 as evidenced by the BSM orders contained in his OMPF.  As a result, it would be appropriate to add the BSM to the list of awards contained in item 24 of his DD Form 214 at this time.
2.  The applicant's record also confirms that he received "excellent" conduct and efficiency ratings at all of his active duty assignments, and his record is void of derogatory information or a unit commander disqualification that would have 
precluded him from receiving the AGCM.  Therefore, it would be appropriate to award him the first award of the AGCM for his qualifying period of honorable active duty service from 2 May 1967 through 10 December 1968.

3.  The evidence of record further confirms that based on his RVN service and campaign participation, the applicant is also eligible for the MUC, RVN Gallantry Cross with Palm Unit Citation, the Device (1960) with his RVNCM, and one silver service star with his VSM.  Therefore, it would also be appropriate to add these awards to his record and separation document at this time.

4.  The DA Form 20 was prepared and maintained for Active Army and U. S. Army Reserve enlisted personnel.  As the applicant no longer has a military status, the Board is reluctant to recommend that those records be changed.  The DD Form 214 is the document used to record the military history of a separated individual.

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 AGCM for his qualifying period of honorable active duty service from 2 May 1967 through 10 December 1968; 

	b.  amending item 24 of his DD Form 214 by deleting the current list of awards and replacing it with the entry, "Bronze Star Medal, Army Good Conduct Medal, National Defense Service Medal, Vietnam Service Medal with one silver service star, Republic of Vietnam Campaign Medal with Device (1960), Republic of Vietnam Gallantry Cross with Palm Unit Citation, Meritorious Unit Commendation, Expert Marksmanship Qualification Badge with Rifle Bar (M-16), 
Marksman Marksmanship Qualification Badge with Rifle Bar (M-16), and two overseas service bars"; and providing him a correction to his DD Form 214 that includes these changes.

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 correction of his DA Form 20.




      _________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)                                         AR20090000418



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ABCMR Record of Proceedings (cont)                                         AR20090000418



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