IN THE CASE OF:	  

		BOARD DATE:	  	  14 April 2009 

		DOCKET NUMBER:  AR20090002372 


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, reconsideration of his request for correction of his records to show he was awarded the Bronze Star Medal. 

2.  The applicant states, in effect, in his original request he provided copies of his Bronze Star Medal Certificate and Bronze Star Medal Citation; however, the Board concluded that no evidence was found in his military records to show he was authorized the award.  He adds that he subsequently requested a copy of his military records and was provided a copy of a letter that provided notice of his award of the Bronze Star Medal and again requests correction of his discharge document to show he was awarded the Bronze Star Medal.

3.  The applicant provides a copy of Headquarters, Department of the Army, Office of The Adjutant General, U.S. Army Administration Center, St. Louis, Missouri, letter, dated 28 April 1971, subject:  Transmittal of Award Elements.

CONSIDERATION OF EVIDENCE:

1.  Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the Army Board for Correction of Military Records (ABCMR) in Docket Number AR20080002944 on 19 August 2008.

2.  The applicant now provides new evidence in support of his previous request that requires reconsideration.  

3.  The applicant's military personnel records show he was inducted into the Army of the United States for a period of 24 months on 2 January 1968.  Upon completion of basic combat and advanced individual training, he was awarded military occupational specialty 11B (Light Weapons Infantryman).

4.  The applicant's military personnel records contain a DA Form 20 (Enlisted Qualification Record). 

     a.  Item 29 (Qualification in Arms) shows that he qualified Sharpshooter with the M-14 rifle, Marksman with the M-16 rifle, and Second Class Gunner with the M-60 machinegun.

     b.  Item 31 (Foreign Service) shows that he served overseas in U.S. Army Pacific (USARPAC) in the Republic of Vietnam (RVN) from 20 November 1968 through 1 October 1969. 

     c.  Item 38 (Record of Assignments), in pertinent part, shows he was assigned to the 23rd Administration Company, Replacement Detachment (USARPAC RVN), from 25 November to 3 December 1968.  This item also shows he was assigned to Company C, 4th Battalion, 3rd Infantry Regiment,
17th Brigade (USARPAC RVN), from 4 December 1968 to 28 September 1969.

     d.  Item 41 (Awards and Decorations) shows he was awarded the National Defense Service Medal, Vietnam Service Medal, Republic of Vietnam Campaign Medal with Device (1960), Combat Infantryman Badge, Sharpshooter Marksmanship Qualification Badge with (M-14) Rifle, Marksman Marksmanship Qualification Badge with (M-16) Rifle, Second Class Gunner Marksmanship Qualification Badge with (M-60) Machinegun, and 2 Overseas Service Bars.

5.  There are no orders in the applicant’s military personnel records that show he was awarded the Bronze Star Medal.  However, the applicant’s records contain a copy of Headquarters, Department of the Army, Office of The Adjutant General, U.S. Army Administration Center, St. Louis, Missouri, letter, dated 28 April 1971, subject:  Transmittal of Award Elements.  This document shows that the Bronze Star Medal award elements pertaining to the applicant were forwarded to the Commanding General, Fourth U.S. Army, for presentation to the applicant.  This document also shows that a copy of Headquarters, Americal Division (RVN), General Orders Number 10358, dated 9 October 1969, is listed as an enclosure to the letter.



6.  A search of the U.S. Army Human Resources Command (USA HRC), Awards and Decorations Computer Assisted Retrieval System (ADCARS) for the Vietnam Conflict produced a copy of Headquarters, Americal Division (RVN), General Orders Number 10358, dated 9 October 1969.  These orders show, in pertinent part, that the applicant was awarded the Bronze Star Medal for meritorious service in connection with military operations against a hostile force in the RVN during the period November 1968 to November 1969.

7.  The applicant's military personnel records contain a DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) that shows he entered active duty this period on 2 January 1968.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) shows he was awarded the National Defense Service Medal, Vietnam Service Medal, Republic of Vietnam Campaign Medal, Combat Infantryman Badge, Sharpshooter Marksmanship Qualification Badge with
(M-14) Rifle Bar, Marksman Marksmanship Qualification Badge with (M-16) Rifle Bar, and 2 Overseas Service Bars.  The DD Form 214 also shows the applicant was honorably released from active duty on 1 October 1969 and transferred to the U.S. Army Reserve Control Group (Annual Training) to complete his remaining military service obligation.  At the time he had completed 1 year and
9 months of net service this period and 10 months and 11 days of foreign service.

8.  In support of his request, the applicant provides a copy of Headquarters, Department of the Army, Office of The Adjutant General, U.S. Army Administration Center, St. Louis, Missouri, letter, dated 28 April 1971, subject:  Transmittal of Award Elements, along with a DA Form 4980-5 (The Bronze Star Medal Certificate), dated 14 October 1969 and the Bronze Star Medal Citation. Collectively, these documents show that the applicant was awarded the Bronze Star Medal for meritorious service in connection with military operations against a hostile force in the RVN during the period November 1968 to November 1969, as promulgated by Headquarters, Americal Division (RVN), General Orders Number 10358, dated 9 October 1969.

9.  A review of the applicant's military personnel records shows that he may be authorized additional awards that are not shown on his DD Form 214.

10.  There is no evidence the applicant received the first award of the Good Conduct Medal.  There is also no evidence the applicant was disqualified by his chain of command from receiving the Good Conduct Medal.  His records do not contain any adverse information and he received conduct and efficiency ratings of “excellent” throughout the entire period of his military service.

11.  The applicant's military personnel records contain a copy of Headquarters, U.S. Army School/Training Center and Fort McClellan, Fort McClellan, Alabama, Special Orders Number 94, dated 17 April 1968, that show, in pertinent part, the applicant was awarded the Second Class Gunner (i.e., Marksman) Marksmanship Qualification Badge with M-60 Machinegun Bar.

12.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Bronze Star Medal is awarded in time of war for heroism and for meritorious achievement or service.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.  

13.  Army Regulation 600-8-22 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, including the Vietnam Service Medal.

14.  Appendix B of Army Regulation 600-8-22 lists the campaigns for Vietnam.  This document shows that the applicant participated in the Vietnam Counteroffensive Phase VI, Tet 1969 Counteroffensive, and Vietnam Summer-Fall 1969 campaigns.

15.  Army Regulation 670-1 (Wear and Appearance of Army Uniforms and Insignia), in pertinent part, states that unit awards are authorized for permanent wear by an individual who was assigned and present for duty with the unit at any time during the period cited or who was attached by competent orders to and present for duty with the unit during the entire period or at least 30 consecutive days of the period cited.

16.  U.S. Army Vietnam Regulation Number 672-2 (Foreign Awards and Decorations) provided for the processing of foreign awards and decorations presented to individuals and units.  It states, in pertinent part, that the Republic of Vietnam Gallantry Cross Unit Citation was awarded in four degrees:  with Palm, with Gold Star, with Silver Star, and with Bronze Star.

17.  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 Company C, 4th Battalion, 3rd Infantry Regiment (USARPAC RVN), the unit was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation by Headquarters, Department of the Army, General Orders Number 2 (1971).

18.  Army Regulation 672-5-1 (Military Awards), in effect at the time, provides that the Good Conduct Medal is awarded to individuals who have completed a qualified 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.  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.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends, in effect, that his request for correction of his records to show award of the Bronze Star Medal should be reconsidered because he previously provided copies of his Bronze Star Medal Certificate and Bronze Star Medal Citation showing the award, and he now provides a copy of a letter from the Office of The Adjutant General that shows his Bronze Star Medal award elements were forwarded to the Commanding General, Fourth U.S. Army, which cited and included a copy of the General Orders that promulgated the award.

2.  The evidence of record shows that the applicant was presented the Bronze Star Medal Certificate and Citation representing his award of the Bronze Star Medal for meritorious service in connection with military operations against a hostile force in the RVN during the period November 1968 to November 1969.  In addition, records show that General Orders awarded the applicant the Bronze Star Medal for meritorious service in connection with military operations against a hostile force in the RVN during the period November 1968 to November 1969.  Therefore, it would be appropriate to correct the applicant’s records to show award of the Bronze Star Medal.

3.  Records show the applicant completed a period of active duty enlisted service qualifying for award of the Good Conduct Medal.  Therefore, it would be appropriate to correct his records to show award of the Good Conduct Medal for the period 2 January 1968 to 1 October 1969.

4.  Records show the applicant qualified for award of the Vietnam Service Medal and that he participated in 3 campaigns during his service in the RVN.  Therefore, it would be appropriate to correct his records to show award of
3 bronze service stars to be affixed to his Vietnam Service Medal.

5.  Records show that General Orders awarded the applicant's unit the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  Therefore, it would be appropriate to correct his records to show this foreign unit award.
6.  Records show that Special Orders awarded the applicant the Second Class Gunner (i.e., Marksman) Marksmanship Qualification Badge with Machinegun Bar.  Therefore, it would be appropriate to correct his records to show this badge with the component bar.

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 amendment of the ABCMR’s decision in Docket Number AR20080002944, dated 19 August 2008.  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 Good Conduct Medal for exemplary conduct, efficiency, and fidelity during the period 2 January 1968 to 1 October 1969;

     b.  deleting from item 24 of his DD Form 214 the Vietnam Service Medal; and

     c.  adding to item 24 of his DD Form 214 the Bronze Star Medal, Good Conduct Medal, Vietnam Service Medal with 3 bronze service stars, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and Marksman Marksmanship Qualification Badge with (M-60) Machinegun Bar.




      _______ _   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)                                         AR20090002372



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ABCMR Record of Proceedings (cont)                                         AR20090002372



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