IN THE CASE OF:	  

		BOARD DATE:	  
		DOCKET NUMBER:  AR20090001356 


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 to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to list his award of the Bronze Star Medal and Good Conduct Medal.  

2.  The applicant states, in effect, he was notified of these awards after his discharge and they are not shown on his DD Form 214. 

3.  The applicant provides no additional documentation 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 military records show he enlisted in the Regular Army, in pay grade E-1, on 14 June 1965, for 3 years.  He completed basic and advanced individual training and was awarded military occupational specialty 91G, Social Work Specialist. 

3.  The applicant's records show that he served in the Republic of Vietnam from 22 May 1967 to 16 May 1968, with the 935th Medical Detachment and Company D, 25th Medical Battalion, 25th Infantry Division, for four campaigns.

4.  The applicant's records contain Headquarters, 25th Infantry Division, General Orders Number 3598, dated 14 May 1968, awarding him the Bronze Star Medal, for meritorious service in connection with military operations against a hostile force, in the Republic of Vietnam, from May 1967 to May 1968.  His records also contain a citation for this award.  

5.  The applicant was released from active duty, in pay grade E-5 (temporary), on 18 May 1968 and was transferred to the United States Army Reserve Control Group (Reinforcement).

6.  Entries on the applicant's DD Form 214, Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) show the following awards:  the National Defense Service Medal, the Vietnam Service Medal, the Republic of Vietnam Campaign Medal, and the Marksman Marksmanship Qualification Badge.  The Bronze Star Medal and the Good Conduct Medal are not shown.

7.  The available evidence does not show the applicant was awarded the Good Conduct Medal.  Additionally, the available evidence does not show the applicant was disqualified by his unit commander for award of the Good Conduct Medal.  His conduct and efficiency were rated as "excellent" throughout his enlistment.

8.  The applicant's DA Form 20 (Enlisted Qualification Record), Item 41 (Awards and Decorations) shows the applicant was awarded the Sharpshooter Marksmanship Qualification Badge with Rifle Bar.  This award is not shown on his DD Form 214.

9.  Army Regulation 600-8-22 (Military Awards) provides that the Good Conduct Medal 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.  Although there is no automatic entitlement to the Good Conduct Medal, disqualification must be justified.  
10.  Army Regulation 600-8-22 further authorizes 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 campaign or service medal including the Vietnam Service Medal.  

11.  DA Pamphlet 672-3 shows the applicant's unit, the 25th Medical Battalion, was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation, for the period March 1966 to August 1968, by Department of the Army General Orders Number 48, dated 1971; and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, for the period 31 March 1966 to 21 January 1970, by Headquarters, Department of the Army General Orders Number 51, dated 1971.  These unit awards are not shown on the applicant's DD Form 214.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 should be corrected to show award of the Bronze Star Medal.  The available evidence confirms he was awarded the Bronze Star Medal on 14 May 1968.  However, this award is not shown on his DD Form 214.  Therefore, it would be appropriate to correct his records to add this award to his DD Form 214.

2.  The available evidence shows the applicant met the criteria for award of the Good Conduct Medal; however, this award is not shown on DD Form 214.  There is no evidence in the records which shows the applicant was disqualified for this award.  The applicant is therefore entitled to award of the Good Conduct Medal (First Award), for the period 14 June 1965 to 18 May 1968, and to have it added to his DD Form 214.

3.  The available evidence also confirms the applicant is entitled to award of four bronze service stars to be affixed to his already-awarded Vietnam Service Medal; and correction to his DD Form 214 to show award of the already-awarded Sharpshooter Marksmanship Qualification Badge with Rifle Bar.  These awards are not shown on his DD Form 214 and should be added at this time.

4.  General Orders show the applicant is entitled to wear the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.  Therefore, it would be appropriate to correct his records to show these unit awards on his DD Form 214.

5.  In view of the foregoing, the applicant’s records should be corrected as recommended below.


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 the applicant the Good Conduct Medal for the period 14 June 1965 to 18 May 1968 and four bronze service stars to be affixed to his already-awarded Vietnam Service Medal;

   b.  adding the following awards to the applicant’s DD Form 214: the Bronze Star Medal, Good Conduct Medal, Sharpshooter Marksmanship Qualification Badge with Rifle Bar, Republic of Vietnam Gallantry Cross with Palm Unit Citation, Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, and four bronze service stars to be affixed to his already-awarded Vietnam Service Medal; and 
   
   c.  providing him a document that includes these corrections.




      _______ _   __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)                                         AR20090001356



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ABCMR Record of Proceedings (cont)                                         AR20090001356



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