IN THE CASE OF:	  

		BOARD DATE:	       19 May 2009

		DOCKET NUMBER:  AR20090001447 


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

2.  The applicant states, in effect, that he was awarded the Bronze Star Medal while in Vietnam.  There was no formal presentation because he had to get back into combat and he did not pursue obtaining the actual medal because he was happy just to come back alive.

3.  The applicant provides copies of a 25th Infantry Division Citation, an award certificate for the Bronze Star Medal, and his DD Form 214 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 enlisted in the Regular Army on 27 June 1969, completed training, and was awarded the military occupational specialty 82C (Artillery Surveyor).

3.  Headquarters, U.S. Army Training Center, Infantry and Fort Lewis, Special Orders Number 224, dated 12 August 1969, awarded the applicant the Expert Marksmanship Qualification Badge with Rifle Bar (M-14).

4.  Headquarters, U.S. Army Field Artillery School Brigade, Special Orders Number 301, dated 20 November 1969, awarded the applicant the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16).

5.  The applicant is shown to have served in Vietnam from 11 December 1969 through 17 July 1971 with assignment to:

	a.  Headquarters and Headquarters Battery, 7th Battalion, 11th Artillery Regiment, from 20 December 1969 through 17 November 1970;

	b.  the 23rd Administrative Replacement Detachment, from 18 through 25 November 1970; and

	c.  Headquarters and Headquarters Battery, 1st Battalion, 14th Artillery Regiment, from 26 November 1970 through 13 July 1971.

6.  Headquarters, 25th Infantry Division, General Orders Number 3854, dated 14 April 1970, awarded the applicant the Bronze Star Medal for meritorious achievement in connection with military operations against a hostile force.

7.  The applicant was honorably released from active duty on 24 January 1972 with 2 years, 6 months, and 28 days of creditable active duty with no lost time.

8.  The applicant's DD Form 214 lists his awards as the National Defense Service Medal, the Vietnam Service Medal, the Republic of Vietnam Campaign Medal with Device (1960), and the Army Commendation Medal. 

9.  The applicant's DA Form 20 (Enlisted Qualification Record) provides the following pertinent information:

	a.  promotion to specialist five (E-5);

	b.  service during one unnamed campaign;

	c.  conduct and efficiency ratings reported as exclusively "excellent"; and 

	d.  his authorized awards are:  the National Defense Service Medal, the Vietnam Service Medal, the Republic of Vietnam Campaign Medal with Device (1960), the Army Commendation Medal, the Expert Marksmanship Qualification Badge with Rifle Bar (M-14), and Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16).

10.  Headquarters, U.S. Army Vietnam, letter, dated 2 June 1972 shows the applicant was authorized to accept and wear the Republic of Vietnam Technical Service Honor Medal Second Class.

11.  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 that while the applicant was assigned to:

	a.  the 7th Battalion, 11th Artillery Regiment, it was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation; and 

	b.  Headquarters and Headquarters Battery, 1st Battalion, 14th Artillery Regiment, it was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

12.  Department of the Army Pamphlet 672-3 further states that not more than one Republic of Vietnam Gallantry Cross with Palm Unit Citation will be worn by any individual, thereby precluding wear of the Vietnamese Fourragere that represents multiple awards of the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  The regulation provides that, although multiple awards of this unit citation are not authorized for wear, official military and historical records will indicate all awards received.

13.  Army Regulation 672-5-1 (Military Awards), in effect at the time, provided that the Army Good Conduct Medal was awarded to individuals who have completed a qualified period of active duty enlisted service.  This period was 3 years except in those cases when the period for the first award ends with the termination of a period of Federal military service.  The enlisted person must have had all "excellent" conduct and efficiency ratings and no convictions by a court-martial.  Ratings of "unknown" for portions of the period under consideration are not disqualifying.  Service and efficiency ratings based upon academic proficiency of at least "good" rendered subsequent to 22 November 1955 are not disqualifying.  Current practice requires that the commander provide written notice of unfavorable consideration and permits the individual to respond. 
At that time, non-favorable consideration was normally noted on the DA Form 20.

14.  Army Regulation 600-8-22 (Military Awards), in pertinent part, provides that a bronze service star is authorized based on qualifying service for each designated campaign period listed in appendix B of the regulation and states that authorized bronze service stars will be worn on the appropriate campaign or service medal.  The regulation also lists the designated campaign periods for which a bronze service star is authorized for wear on the Vietnam Service Medal.  Based on the applicant's dates of service in Vietnam, appendix B indicates he served during the following four campaign periods:  the Vietnam Winter-Spring 1970, 1 November 1969-30 April 1970; the Sanctuary Counteroffensive, 1 May      1970-30 June 1970; the Counteroffensive Phase VII, 1 July 1970-30 June 1971; and the Consolidation I, 1 July 1971-30 November 1971.

DISCUSSION AND CONCLUSIONS:

1.  The applicant states, in effect, that he was awarded the Bronze Star Medal while in Vietnam and would like to have it added to his DD Form 214.

2.  The applicant's award of the Bronze Star Medal, the Expert Marksmanship Qualification Badge with Rifle Bar (M-14), and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16) were omitted from his DD Form 214.  It is appropriate to correct the DD Form 214 to show these awards.

3.  The applicant distinguished himself by his conduct, efficiency, and fidelity as evidenced by his service in Vietnam, his conduct and efficiency ratings, his personal decorations, and his promotion to specialist five.  The record contains no indication of any disqualifying incidents or recommendations.  It is appropriate to award the applicant the Army Good Conduct Medal for his period of service from 27 June 1969 through 24 January 1972.

4.  The applicant served in Vietnam during three campaign periods and is authorized to wear four bronze service stars on his Vietnam Service Medal.

5.  The applicant was authorized to accept and wear the Republic of Vietnam Technical Service Honor Medal Second Class.  This award is not reflected on his DD Form 214.  Therefore, it is appropriate to correct the records to reflect this award.

6.  In addition to the awards listed above and on his DD Form 214, the applicant is also authorized award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation (2nd award) and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.

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 Army Good Conduct Medal for his period of service from 27 June 1969 through 24 January 1972; and 

	b.  correcting the applicant's record to show that, in addition to the awards listed on his DD Form 214, he is also authorized award of the Bronze Star Medal, the Army Good Conduct Medal, the Vietnam Service Medal with four bronze service stars, the Republic of Vietnam Gallantry Cross with Palm Unit Citation (2nd award), the Republic of Vietnam Technical Service Honor Medal Second Class, the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, the Expert Marksmanship Qualification Badge with Rifle Bar (M-14), and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16).


      
      
      __________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)                                         AR20090001447



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ABCMR Record of Proceedings (cont)                                         AR20090001447



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