DOCKET NUMBER:  AR20090002368 


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 that his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to reflect his awards of the Bronze Star Medal (BSM) and the Air Medal (AM) and that he be issued those medals.

2.  The applicant states that the medals were not listed on his DD Form 214 and he desires to be issued the medals.

3.  The applicant provides a copy of his DD Form 214, a copy of his AM Certificate and Citation, and a copy of his BSM Certificate and Citation.

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 of the United States in Richmond, Virginia, on 6 January 1969.  He underwent his basic training at Fort Benning, Georgia, and his advanced individual training as a light weapons infantryman at Fort Polk, Louisiana, before being transferred to Vietnam on 28 May 1969.

3.  He was initially assigned to Company A, 1st Battalion, 505th Infantry Regiment, 82nd Airborne Division, and was advanced to the pay grade of E-4 on 5 November 1969.  On 3 December 1969, he was transferred to Company C, 1st Battalion, 327th Infantry Regiment, 101st Airborne Division.

4.  He departed Vietnam on 29 April 1970 and was transferred to Fort Riley, Kansas, where he remained until he was honorably released from active duty (REFRAD) on 5 January 1971 due to the expiration of his term of service.  He had served 2 years of active service and his DD Form 214 issued at the time of his REFRAD shows that he was awarded the National Defense Service Medal, the Army Commendation Medal, two overseas service bars, the Vietnam Service Medal (VSM), the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Republic of Vietnam Campaign Medal with Device (1960), the Combat Infantryman Badge, and the Marksmanship Marksman Qualification Badge with Rifle and Machinegun bars.

5.  A review of the applicant's official records shows that Headquarters, 101st Airborne Division (Airmobile) published General Orders Number 3310 on 25 March 1970 that awarded the applicant the AM.  On 1 April 1970, General Orders Number 3673 were published awarding the applicant the BSM.

6.  A review of his records also shows that he had "excellent" conduct and efficiency ratings throughout his service and his records are void of any derogatory information that could serve to disqualify him for award of the Army Good Conduct Medal (AGCM).

7.  On 15 February 2002, the National Personnel Records Center, in response to a request from the applicant, issued a DA Form 1577 (Authorization for Issuance of Awards) which authorized the United States Army Soldier and Biological Chemical Command in Philadelphia, Pennsylvania, the authority to issue the applicant medal sets for the Army Commendation Medal, the National Defense Service Medal, the VSM with two bronze service stars, the CIB, the Republic of Vietnam Campaign Medal with Device (1960) and his marksmanship badge.  He was not issued medal sets for the AM and the BSM.



8.  Army Regulation 672-5-1 (Decorations and Awards), in effect at the time, established the criteria for award of the AGCM.  It states, in pertinent part, that the AGCM was established by Executive Order 8809, dated 28 June 1941, and was amended by Executive Order 9323, dated 1943, and by Executive Order 10444, dated 10 April 1953, and is awarded for exemplary behavior, efficiency, and fidelity in active Federal military service.  The regulation also states, in pertinent part, that for first award only, upon termination of service on or after 27 June 1950, a period of service of less than 3 years but more than 1 year qualifies for award of the AGCM.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that he should be issued medal sets for awards of the BSM and the AM and that those awards should added to his records has been noted and found to have merit.

2.  The orders awarding him the BSM and the AM are present in his official records and there is no indication that he was ever issued those awards or that they were ever properly annotated in his records.  Accordingly, it would be in the interest of justice to do so at this time.

3.  It is also noted that the applicant was issued two bronze service stars for wear on his already issued VSM; however, the service stars were never annotated on his DD Form 214.  Accordingly, it would appropriate to do so at this time.

4.  Additionally, after carefully examining the applicant’s record of service, it was determined that the applicant should have received the AGCM for his service from 6 January 1969 to 5 January 1971.  This conclusion is based on the fact that the record is void of any derogatory information which would preclude the applicant from being awarded the AGCM and the lack of any specific action by the applicant’s unit commander to disqualify him from receiving the award.

5.  The applicant not receiving the AGCM was likely the result of an administrative error as opposed to it being the result of a conscious disqualification by any of the unit commanders for which he served.  Therefore, in the interest of justice, the Board determined that this error should be corrected and the applicant should receive the AGCM at this time.



BOARD VOTE:

____x___  ____x___  ___x____  GRANT FULL RELIEF 

________  ________  ________  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 relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by awarding him the AGCM for the period of 6 January 1969 to 5 January 1971; by adding the AGCM, the BSM, the AM, and two bronze service stars for wear on his already-awarded VSM to his DD Form 214; and by issuing him medal sets for the AGCM, the BSM, and the AM.

2.  The Board wants the applicant and all others to know that the sacrifices he made in service to the United States during the Vietnam War are deeply appreciated.  The applicant and all Americans should be justifiably proud of his service in arms.



      ___________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)                                         AR20090002368



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ABCMR Record of Proceedings (cont)                                         AR20090002368



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