IN THE CASE OF:	  

		BOARD DATE:	  30 June 2009

		DOCKET NUMBER:  AR20090001767 


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, award of the Bronze Star Medal (BSM) and Army Good Conduct Medal (AGCM); and that the BSM, AGCM, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation 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 his military record is clean of any problems and that he was honorably discharged.  Therefore, he believes he should have been awarded the AGCM.  He also claims he received the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and that his company commander told several members of the unit, including him, that if they went on a mission, they would receive the Bronze Star Medal; however, he never received this award.

3.  The applicant provides his DD Form 214 and a National Personnel Records Center (NPRC) Letter, dated 1 December 2008, 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 he enlisted in the Regular Army (RA) and entered active duty on 26 February 1968.  His record shows he was trained in and awarded military occupational specialty (MOS) 76P (Stock Control and Accounting Specialist), and that specialist four (SP4)/E-4 is the highest rank/grade he attained while serving on active duty.  

3.  The applicant's DA Form 20 (Enlisted Qualification Record) shows he served in the Republic of Vietnam (RVN) from 17 February 1969 through 8 June 1970.  
Item 38 (Record of Assignments) shows that during his RVN tour he was assigned to Company C, 725th Maintenance Battalion, 25th Infantry Division, performing duties in MOS 76P as a stock control and accounting specialist, and that he received “Good” conduct and efficiency ratings during this assignment.  

4.  Item 28 of the applicant's DA Form 20 shows he completed the Basic Airborne Course on 28 June 1968, and item 41 (Awards and Decorations) shows he was awarded the Parachutist Badge in Special Orders Number 155 published by Headquarters, The Student Brigade (TSB), U.S. Army Infantry School (USAIS), 
Fort Benning, Georgia, on 26 June 1968.  Item 41 further shows that during his active duty service he also earned the National Defense Service Medal (NDSM), Republic of Vietnam Campaign Medal (RVNCM) with Device (1960), Vietnam Service Medal (VSM), and Marksman Marksmanship Qualification Badge with Rifle (M-14) Bar.  

5.  The applicant's record shows he accepted non-judicial punishment (NJP) under the provisions of Article 15 of the Uniform Code of Military Justice on the following three separate occasions for the offenses indicated:  19 September 1968, for being absent without leave (AWOL) from 9 through 12 September 1968; 12 November 1969, for being derelict in the performance of his duties; and on 7 March 1970, for being AWOL from 29 December 1969 through 30 January 1970.  


6.  The applicant's Official Military Personnel File (OMPF) is void of any orders or other documents showing he was ever recommended for or awarded the BSM by proper authority while serving on active duty.  

7.  On 10 June 1970, the applicant was honorably released from active duty (REFRAD), in the rank/grade of private first class (PFC)/E-3, after completing
2 years, 2 months, and 4 days of creditable active military service and accruing 41 days of time lost due to being AWOL.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 shows that he earned the NDSM, VSM, and RVNCM.  

8.  Army Regulation 600-8-22 (Military Awards) prescribes the Army's awards policy.  Paragraph 2-13 of the awards regulation contains guidance on the VSM.  It states, in pertinent part, that a bronze service star is authorized with this award for each RVN campaign a member is credited with participating in.  It further states that a silver service star is worn in lieu of 5 bronze service stars to denote participation in five campaigns.  

9.  Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) establishes the eligibility of individual members for campaign participation credit, assault landing credit, and unit citation badges awarded during the Vietnam Conflict.  It confirms that during his tenure of assignment in the RVN the applicant’s unit (Company C, 725th Maintenance Battalion) was awarded the Valorous Unit Award (VUA), Meritorious Unit Commendation (MUC), RVN Gallantry Cross with Palm Unit Citation, and RVN Civil Actions Honor Medal First Class Unit Citation.  It also shows that participation credit was granted for the following five RVN campaigns:  Vietnam Counteroffensive Phase VI (23 February 1969 – 8 June 1969); TET 69 Counteroffensive, 1969 (9 June 1969 – 31 October 1969); Vietnam Summer-Fall 1969 (9 June 1969 – 31 October 1969); Vietnam Winter-Spring 1969 (1 November 1969 – 30 April 1970); and Sanctuary Counteroffensive (1 May 1970 – 30 June 1970).  

10.  Army Regulation 672-5-1 (Awards) provided the Army's awards policy, including the criteria for the AGCM, in effect at the time of the applicant's REFRAD.  It stated, in pertinent part, that in order for a member to be eligible for the AGCM, he/she must have received all "Excellent" conduct and efficiency ratings and must not have been convicted by a court-martial during the qualifying period.


11.  United States Army Vietnam Regulation 672-1 (Military Awards) governed the military awards program in Vietnam during the Vietnam War.  This regulation stated that the Bronze Star Medal may have been awarded for heroism, 
meritorious achievement or service which did not involve aerial flight, but which was performed in connection with military operations against an armed enemy 
including combat, support, and supply operations.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

12.  Title 10 of the U. S. Code, section 1130 (10 USC 1130) provides the legal authority for consideration of proposals for decorations not previously submitted in a timely fashion.  It allows, in effect, that upon the request of a Member of Congress, the Secretary concerned shall review a proposal for the award or presentation of a decoration (or the upgrading of a decoration), either for an individual or a unit, that is not otherwise authorized to be presented or awarded due to limitations established by law or policy for timely submission of a recommendation for such award or presentation.  Based upon such review, the Secretary shall make a determination as to the merits of approving the award or presentation of the decoration.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's record confirms that based on his service and campaign participation in the RVN, he is eligible for the VUA, MUC, RVN Gallantry Cross with Palm Unit Citation, RVN Civil Actions Honor Medal with First Class Unit Citation, and VSM with one silver service star.  Therefore, it would be appropriate to add these awards to his record and DD Form 214 at this time. 

2.  The evidence of record also confirms that the applicant was awarded the Parachutist Badge based on his completion of the basic airborne course and that this award was authorized and announced in special orders published at Fort Benning, on 26 June 1968, as evidenced by entries on his DA Form 20.  As a result, it would also be appropriate to add this badge to his DD Form 214.  

3.  The applicant's contention that he should have received the AGCM was also carefully considered.  However, the governing regulation in effect at the time of the applicant’s REFRAD required that a member receive “Excellent” conduct and efficiency ratings at all of his/her active duty assignments.  In this case, the evidence of record confirms the applicant received “Good” conduct and efficiency ratings for his assignment in the RVN.  Evidence of record also shows the 

applicant accepted UCMJ action on three separate occasions.  As a result, he failed to satisfy the regulatory criteria necessary to be awarded the AGCM.  Therefore, there is an insufficient evidentiary basis to support granting this portion of the applicant's requested relief.  

4.  The applicant indicated that he was told by his company commander he "would receive the Bronze Star if we went on a mission."  The evidence of record is void of any orders or other documents that indicate the applicant was ever recommended for or awarded the BSM by proper authority while serving on active duty.  Therefore, award of the BSM is not supported by the existing evidence of record.  

5.  While the available evidence is insufficient for awarding the applicant a Bronze Star Medal, this in no way affects the applicant’s right to pursue his claim for the Bronze Star Medal by submitting a request through his Member of Congress under the provisions of Title 10, U.S. Code, section 1130.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____X___  ____X___  ____X__  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 partial 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 and Vietnam Campaign Medal; and

	b.  adding to Item 24 of the applicant's DD Form 214 the Vietnam Service Medal with 1 silver service star, Republic of Vietnam Campaign Medal with Device (1960), Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, Republic of Vietnam Gallantry Cross with Palm Unit Citation, Valorous Unit Award, Meritorious Unit Commendation, Parachutist Badge, and Marksman Marksmanship Qualification Badge with Rifle Bar.

2.  The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to award of the Army Good Conduct Medal and Bronze Star Medal.



      __________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)                                         AR20090001767



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ABCMR Record of Proceedings (cont)                                         AR20090001767



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