IN THE CASE OF:	  

		BOARD DATE:	  28 May 2009

		DOCKET NUMBER:  AR20090000583 


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 two awards of the Bronze Star Medal (BSM) be added to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).

2.  The applicant states that he was awarded two BSMs while in Vietnam and neither of those awards is reflected on his DD Form 214.  Accordingly, he desires them to be added at this time.

3.  The applicant provides copies of two BSM certificates.

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 born on 14 October 1947 and was inducted into the Army of the United States in Oklahoma City, Oklahoma, on 6 July 1967.  He completed his training at Fort Polk, Louisiana, and was transferred to Vietnam on 18 December 1967 for assignment to Company D, 3rd Battalion, 21st Infantry Regiment, 196th Light Infantry Brigade, as a light weapons infantryman.  He was promoted to the rank of sergeant on 8 September 1968.

3.  He departed Vietnam on 12 December 1968 and was transferred to Fort Benning, Georgia, where he remained until he was honorably released from active duty (REFRAD) due to the expiration of his term of service.  He had served 1 year, 11 months, and 28 days of total active service and his DD Form 214 issued at the time of his REFRAD reflects that he was awarded the National Defense Service Medal, the Vietnam Service Medal with two bronze service stars, the Republic of Vietnam Campaign Medal with Device (1960), the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14 and M-16, two Overseas Service Bars, and the Combat Infantryman Badge.

4.  A review of the applicant's official records shows that the applicant was awarded the BSM with one oak leaf cluster (OLC) for meritorious achievement in connection with military operations against a hostile force during the period of December 1967 to November 1968 in General Orders Number 8963 issued on 21 November 1968 by Headquarters, Americal Division [23rd Infantry Division].

5.  One of the BSM certificates provided by the applicant reflects that he was awarded the BSM for heroism in ground combat in the Republic of Vietnam on 3 May 1968.  It was awarded on 22 September 1968.  The other certificate reflects his award of the BSM with one OLC for meritorious service during the period of December 1967 to November 1968.  Both of the certificates are signed by the same division commander who commanded the Americal Division from 23 June 1968 to 30 May 1969.

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

7.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the BSM 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.

8.  Army Regulation 600-8-22 provides, in pertinent part, that the "V" device is worn to denote participation in acts of heroism involving conflict with an armed enemy.  It was originally worn only on the suspension and service ribbons of the BSM to denote an award made for heroism (valor).  Effective 29 February 1964, the "V" device was also authorized for wear on the Air Medal and Army Commendation Medal for heroic acts or valorous deeds not warranting awards of the Distinguished Flying Cross or the BSM with "V" device.

9.  Army Regulation 672-5-1 (Awards), in effect at the time, established the criteria for award of the AGCM.  It states, in pertinent part, that the AGCM 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 AGCM.

10.  Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register-Vietnam Era) was published to assist commanders and personnel officers in determining or establishing the eligibility of individual members for campaign participation credit, assault landing credit, and unit citation badges awarded during the Vietnam Conflict.  Table 1 (Army Units in Numerical Order) of the pamphlet indicates that the applicant’s unit was subsequently awarded the Valorous Unit Award (VUA) and the Republic of Vietnam Gallantry Cross (RVNGC) with Palm Unit Citation during the period he was assigned to the unit.

DISCUSSION AND CONCLUSIONS:

1.  Although the applicant has not provided copies of the orders awarding him the two BSMs, his official records contain one order awarding him the BSM with one OLC, which in itself indicates that it was his second award of the BSM.  Accordingly, it is reasonable to presume that his first award of the BSM was the BSM with "V" device and that the orders were never received by the records custodian.

2.  Therefore, it would be in the interest of justice to correct his records at this time to reflect his award of the BSM with "V" device and one OLC.

3.  After carefully examining the applicant’s record of service, it was determined that the applicant should have received the AGCM for his service from 6 July 1967 through 3 July 1969.  This conclusion is based on the fact that the record is void of any derogatory information which would preclude the applicant from being awarded the AGCM and the lack of any specific action by the applicant’s unit commander to disqualify him from receiving the award.

4.  The applicant not receiving the AGCM was likely the result of an administrative error as opposed to it being the result of a conscious disqualification by any of the unit commanders under whom he served.  Therefore, in the interest of justice, the applicant should receive the AGCM at this time.

5.  Additionally, the evidence of record also establishes that the applicant is entitled to awards of the VUA and the RVNGC with Palm Unit Citation.

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 awarding him the AGCM for the period of 6 July 1967 to 3 July 1969 and by adding the BSM with "V" device and one OLC, the AGCM, the VUA, and the RVNGC with Palm Unit Citation to his DD Form 214.

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.



      ___________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)                                         AR20090000583



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ABCMR Record of Proceedings (cont)                                         AR20090000583



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