BOARD DATE:	  21 July 2009

		DOCKET NUMBER:  AR20090002104 


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 of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) with the period ending 10 October 1968 to show award of the Bronze Star Medal and the Army Good Conduct Medal (1st Award).

2.  The applicant states, in effect, that the above awards were omitted from his DD Form 214 at the time of his discharge.

3.  The applicant provides his DD Form 214; Headquarters, 101st Airborne Division General Orders Number 7904, dated 22 October 1968; and a Bronze Star Medal certificate, dated 22 October 1968.

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 was inducted into the Army on 21 October 1966 and successfully completed basic training and advanced individual training.  He was awarded military occupational specialty 64A (Truck Operator).

3.  The applicant arrived in Vietnam with Headquarters and Headquarters Troop, 2nd Squadron, 17th Cavalry, 101st Airborne Division on or about 30 September 1967.  

4.  Headquarters, 101st Airborne Division General Orders Number 7904, dated 22 October 1968, show the applicant was awarded the Bronze Star Medal for meritorious achievement in ground operations against a hostile forces.

5.  He departed Vietnam on or about 6 October 1968 after being credited with participating in four campaigns. 

6.  On 10 October 1968, the applicant was honorably released from active duty in the rank of specialist four (SP4)/E-4 after completing 1 year, 11 months, 20 days of creditable active service with no time lost.  

7.  A DD Form 214 with the period ending 10 October 1968 shows the applicant was awarded the National Defense Service Medal, the Vietnam Service Medal, the Republic of Vietnam Campaign Medal with Device (1960), the Parachutist Badge, the Army Commendation Medal, and the Purple Heart.

8.  There is no evidence the applicant received the first award of the Army Good Conduct Medal.  His records do not contain any adverse information and his DA Form 20 (Enlisted Qualification Record) shows his conduct and efficiency ratings as "excellent" throughout his period of service.

9.  Army Regulation 672-5-1 (Military Awards), in effect at the time, provided policy and criteria concerning individual military decorations.  It stated that the Army Good Conduct Medal was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940 and, for the first award only, upon termination of service on or after 27 June 1950 of less than 3 years but more than 1 year.  At the time, a Soldier's conduct and efficiency ratings must have been rated as "excellent" for the entire period of qualifying service.

10.  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, at the time of the applicant’s assignment to the 2nd Squadron, 17th Cavalry, it was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation during the period 15 August 1968 through 14 May 1969 based on Headquarters, Department of the Army General Orders Number 43, dated 1970.

11.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, for award of 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 service medal.

DISCUSSION AND CONCLUSIONS:

1.  Evidence of record shows that the applicant was awarded the Bronze Star Medal for meritorious achievement.  His DD Form 214 should be amended to add this award.

2.  The applicant was separated in the rank of SP4 with 1 year, 11 months, 
20 days of creditable active service with no time lost and conduct and efficiency ratings of "excellent" throughout his period of service.  Therefore, it appears the applicant met the eligibility criteria for award of the Army Good Conduct Medal (1st Award) for the period 21 October 1966 through 10 October 1968.  He should be awarded the Army Good Conduct Medal and it should be added to his DD Form 214.

3.  The applicant was assigned to a unit during a period of time this unit was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  His participation in four campaigns makes him eligible to wear four bronze service stars to be worn on his already-awarded Vietnam Service Medal.  His DD Form 214 should be amended to add these 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.  awarding the applicant the Army Good Conduct Medal (1st Award) for the period 21 October 1966 through 10 October 1968; and 

	b.  amending his DD Form 214 to add the Bronze Star Medal, the Army Good Conduct Medal(1st Award), the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and four bronze service stars to be worn on his already-awarded Vietnam Service 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)                                         AR20090002104





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ABCMR Record of Proceedings (cont)                                         AR20090002104



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