IN THE CASE OF:	

		BOARD DATE:	  21 May 2009

		DOCKET NUMBER:  AR20090001764 


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, that the Bronze Star Medal (BSM) with "V" Device, Purple Heart (PH), Army Commendation Medal (ARCOM), and Army Good Conduct Medal (AGCM) be added to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).

2.  The applicant states, in effect, he received the awards in question in the mail after he was released from the hospital.

3.  The applicant provides his DD Form 214, award certificates and orders, and medical board proceedings and associated treatment records and his separation medical examination 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 that he was inducted into the Army of the United States and entered active duty on 12 June 1969.  He was trained in and awarded military occupational specialty (MOS) 11D (Armor Reconnaissance Specialist).

3.  The applicant's DA Form 20 (Enlisted Qualification Record) shows he served in the Republic of Vietnam (RVN) from 9 November 1969 through 16 April 1970.  Item 38 (Record of Assignments) shows that during his RVN tour, he was assigned to Troop C, 3rd Squadron, 5th Cavalry Regiment, performing duties in MOS 11D as a scout driver.  It also shows he entered a patient status at the 249th General Hospital, Japan, on 16 April 1970, and that he was medically evacuated to Madigan General Hospital, Tacoma, Washington, on 24 April 1970.

4.  Item 38 of the applicant's DA Form 20 also shows he received no less than "excellent" conduct and efficiency ratings at all of his active duty assignments.

5.  The applicant's official military personnel file (OMPF) contains Headquarters, 1st Infantry Brigade, 5th Infantry Division (Mechanized), General Orders (GO) Number 1276, dated 20 July 1970, which awarded the applicant the BSM with "V" Device for his heroism in connection with ground operations against a hostile force in the RVN on 9 April 1970.  The citation contained in these orders confirmed the applicant was seriously wounded during this action.  A Western Union notification telegram, dated 12 April 1970, on file confirms the applicant was wounded in action in the RVN on 9 April 1970.

6.  The applicant's OMPF also contains Headquarters, 1st Infantry Brigade, 5th Infantry Division (Mechanized), GO Number 1086, dated 10 July 1970, which awarded him the ARCOM for meritorious achievement in connection with military operations against a hostile force during the period of 9 November 1969 to 8 April 1970; and Headquarters, 95th Evacuation Hospital (Semimobile), GO Number 64, dated 13 April 1970, which awarded him the PH for being wounded in action in the RVN on or about 11 April 1970.  The OMPF is void of any derogatory information or a unit commander disqualification that would have precluded award of the AGCM.

7.  The applicant's OMPF also contains marksmanship qualification orders that confirm he qualified as a marksman with the M-14 rifle on 8 August 1969 and with the M-16 rifle on 16 October 1969 and as an expert with the hand grenade on 8 August 1969 and with the M-60 machinegun on 10 September 1969.

8.  On 13 November 1970, the applicant was retired in the rank of specialist four by reason of permanent disability.  The DD Form 214 he was issued at the time confirms he completed a total of 1 year, 5 months, and 2 days of active military service.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) shows he earned the Vietnam Service Medal (VSM), National Defense Service Medal, and Combat Infantryman Badge during his active duty tenure.

9.  Army Regulation 600-8-22 (Military Awards) contains the Army's awards policy.  Paragraph 2-13 contains guidance on the VSM and states, in pertinent part, that a bronze service star is authorized with this award for each campaign a member is credited with participating in while serving in the RVN.  Table B-1 contains a list of campaigns and shows that during the applicant's assignment tenure in the RVN, participation credit was granted for the Vietnam Winter-Spring campaign.

10.  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.

11.  Paragraph 9-13 of Army Regulation 600-8-22 contains guidance on the RVN Campaign Medal.  It states, in pertinent part, that to qualify for this award a member must have served in the RVN for 6 months during the period between 1 March 1961 and 28 March 1973; however, members who served in the RVN for less than 6 months who were wounded by hostile forces are also eligible for the award.  It further stipulates that this award includes the Device (1960).

12.  Department of the Army General Order Number 8, dated 1974, authorized the award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to all personnel assigned to the RVN from 8 February 1962 through 28 March 1973.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that the BSM with "V" Device, PH, ARCOM, and AGCM should be added to the list of awards contained on his DD Form 214 was carefully considered and found to have merit.

2.  The applicant's OMPF includes orders that awarded the applicant the BSM with "V" Device, PH, and ARCOM.  Further, item 38 shows he received no less than "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 award of the AGCM.  As a result, it would be appropriate to award him the AGCM for his qualifying honorable active duty service from 12 June 1969 through 13 November 1970 and to add all of these awards to his record and DD Form 214 at this time.

3.  The applicant's record also contains orders that confirm he qualified as an expert with the hand grenade and machinegun and as a marksman with the M-14 and M-16 rifles.  As a result, it would be appropriate to add the Expert Marksmanship Qualification Badge with Machinegun and Hand Grenade Bars and the Marksman Marksmanship Qualification Badge with Rifle Bars (M-14 and M-16) to his record and DD Form 214.

4.  The evidence of record also confirms that based on his service and campaign participation in the RVN, the applicant is eligible for the RVN Campaign Medal with Device (1960), RVN Gallantry Cross with Palm Unit Citation, and one bronze service star with his VSM.  Therefore, it would also be appropriate to add these awards to his record and DD Form 214.

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 him the Army Good Conduct Medal for his qualifying honorable active duty service from 12 June 1969 through 13 November 1970;

	b.  amending item 24 of his DD Form 214 by deleting the current list of awards and replacing it with the entry "National Defense Service Medal, Bronze Star Medal with "V" Device, Purple Heart, Army Commendation Medal, Army Good Conduct Medal, Vietnam Service Medal with one bronze service star, Republic of Vietnam Campaign Medal with Device (1960), Republic of Vietnam Gallantry Cross with Palm Unit Citation, Combat Infantryman Badge, Expert Marksmanship Qualification Badge with Machinegun and Hand Grenade Bars, and Marksman Marksmanship Qualification Badge with Rifle Bars (M-14 and 
M-16)"; and

	c.  providing him a correction to his DD Form 214 that includes these changes.



      __________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)                                         AR20090001764



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ABCMR Record of Proceedings (cont)                                         AR20090001764



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