IN THE CASE OF:	  

		BOARD DATE:	       25 JUNE 2009

		DOCKET NUMBER:  AR20090001385 


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 correction to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show his award of the Bronze Star Medal.

2.  The applicant states that this award is not shown on his DD Form 214 and it would mean a lot to him to have put on his record.  He was drafted and served honorably and it is something he is proud of.

3.  In support of his application, the applicant provides copies of his Bronze Star Medal Certificate and his DD Form 214.

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 was inducted into the Army of the United States, in pay grade E-1, on 28 November 1967.  He completed basic and advanced individual training and he was awarded military occupational specialty (MOS) 36K (Field Wireman).  He was promoted to rank/grade of sergeant (SGT)/E-5 on 25 January 1969.

3.  The applicant's records show that he served in the Republic of Vietnam from 25 June 1968 to 1 July 1969 with Battery B (Searchlight), 29th Artillery, for five campaigns.

4.  The applicant's records contain U.S. Army, Vietnam (USARV), Form 157-R (Recommendation for Decoration for Valor or Merit), dated 19 May 1969, recommending him for award of the Bronze Star Medal for service from June 1968 to June 1969.  The attached narrative description stated the applicant had distinguished himself by exceptionally meritorious service in connection with military operations against an armed hostile force in the Republic of Vietnam during the period from June 1968 to June 1969.  His records also contain a citation for this award.  

5.  On 20 May 1969, the applicant's company commander submitted the recommendation for award of the Bronze Star Medal to the applicant through the intermediate commander to the Commanding General, First Field Force Vietnam, Artillery, for approval.  The company commander stated that due to administrative error and a change of command, the deadline date was not met.  The applicant should not suffer for the mistake made by headquarters; therefore, he hoped the Soldier would receive full consideration for the award which was well deserved.  The award was subsequently approved on 23 May 1969.

6.  The applicant submits a copy of a Bronze Star Medal Certificate, dated
23 June 1969, showing he was awarded the Bronze Star Medal for meritorious achievement in ground operations against hostile forces in the Republic of Vietnam during the period from June 1968 to June 1969.  

7.  The applicant was honorably released from active duty, in grade E-5, on
2 July 1969, as an overseas returnee.  He was transferred to the U.S. Army Reserve (USAR) Control Group (Annual Training) to complete his remaining Reserve obligation.

8.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 shows 
the National Defense Service Medal, Vietnam Service Medal, Republic of Vietnam Campaign Medal, two Overseas Service Bars, Marksman Marksmanship Qualification Badge with Rifle Bar (M-14), and the Sharpshooters Marksmanship Qualification Badge with Rifle Bar (M-16).  The Bronze Star Medal is not shown.

9.  Review of the Awards and Decorations Computer-Assisted Retrieval System (ADCARS), an index of general orders issued during the Vietnam era between 1965 and 1973 maintained by the Military Awards Branch of the United States Army Human Resources Command, failed to reveal any orders for the Bronze Star Medal pertaining to the applicant.

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

11.  The available evidence does not show the applicant was awarded the Army Good Conduct Medal.  Additionally, the available evidence does not show the applicant was disqualified by his unit commander for award of the Army Good Conduct Medal.  He received all "Excellent" conduct and efficiency ratings through his tenure of service.

12.  Army Regulation 600-8-22 (Military Awards) provides that the Army 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 Army Good Conduct Medal, disqualification must be justified.  

13.  The applicant’s DD Form 214 shows that he was awarded the Vietnam Service Medal, but it does not show that he was awarded any bronze service stars to signify campaign participation credit.  Paragraph 2-13 of Army Regulation
600-8-22 contains the regulatory guidance on the Vietnam Service Medal.  It states, in pertinent part, that a bronze service star is authorized 
with this award for each Vietnam campaign a member is credited with participating in and a silver service star is authorized in lieu of five bronze service stars.  Table B-1 contains a list of Vietnam campaigns, and it shows that during the applicant's tour in Vietnam, he participated in the following campaigns:  Vietnam Counteroffensive Phase IV (2 April 1968 – 30 June 1968); Vietnam Counteroffensive Phase V (1 July 1968 – 1 November 1968); Vietnam Counteroffensive Phase VI (2 November 1968 – 22 February 1969); Tet 69 Counteroffensive 1969 (23 February 1969 – 8 June 1969); and Vietnam Summer-Fall 1969 (9 June 1969 – 31 October 1969).

14.  Department of the Army Pamphlet 672-3 (Unit Citations and Campaign Participation Credit Register) shows the applicant's unit, Battery B, 29th Artillery, was cited for award of the Meritorious Unit Commendation, for the period 1 April 1968 to 31 March 1969, by Department of the Army General Orders Number 39, dated 1970.  This publication also shows that Department of the Army General Order Number 8, dated in 1974, authorized the award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to all personnel assigned to the United States Army Vietnam.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 should be corrected to show award of the Bronze Star Medal.  Notwithstanding the absence of appropriate 
orders, the available evidence confirms he was awarded the Bronze Star Medal on 23 May 1969.  Therefore, it would be appropriate to correct his records to add this award to his DD Form 214.

2.  The evidence also shows the applicant met the criteria for award of the Army 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.  His record also shows he received "excellent" conduct and efficiency rating through his tenure of service.  Therefore, he is entitled to award of the Army Good Conduct Medal (first award) for the period 28 November 1967 to
2 July 1969 and to have this award added to his DD Form 214.

3.  The evidence of record further shows the applicant participated in five campaigns during his service in the Republic of Vietnam.  Therefore, he is entitled to award of one silver service stars to be affixed to his already-awarded Vietnam Service Medal and to have his record corrected to show this award.

4.  General Orders show the applicant's unit was awarded the Meritorious Unit Commendation and the Republic of Vietnam Gallantry Cross with Palm Unit Citation during his period of assignment.  Therefore, it would be appropriate to correct his records to show these unit awards.

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 the Vietnam Service Medal;
   
   b.  awarding the applicant the Army Good Conduct Medal (first award) for the period 28 November 1967 to 2 July 1969; and

   c.  adding to Item 24 of the applicant's DD Form 214 the Bronze Star Medal, Army Good Conduct Medal (first award), Vietnam Service Medal with one silver service star, Meritorious Unit Commendation, and Republic of Vietnam Gallantry Cross with Palm Unit Citation; and
   
   d.  providing the applicant a correction to his DD Form 214 that includes these changes.



      __________XXX____________
               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)                                         AR20090001385



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ABCMR Record of Proceedings (cont)                                         AR20090001385



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