IN THE CASE OF:	  

		BOARD DATE:	  01 July 2009

		DOCKET NUMBER:  AR20090002520 


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) to show award of the Bronze Star Medal and the Army Commendation Medal.

2.  The applicant states, in effect, that the awards were left off his DD Form 214.

3.  The applicant provides a copy of a citation and General Orders Number 8853, issued by Headquarters, 101st Airborne Division, on 24 August 1971, showing award of the Bronze Star Medal; a copy of a citation and a certificate, dated 17 March 1971, showing award of the Army Commendation Medal; a copy of his Honorable Discharge Certificate, dated 1 September 1975; and a copy of Letter Orders Number 08-1271932, dated 20 August 1975, in support of his request.

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.  A review of the applicant's DD Form 214 shows that the Army Commendation Medal is already listed on his DD Form 214.  Therefore, the issue of the Army Commendation Medal will not be discussed further in the Record of Proceedings.

3.  The applicant's records show that he was inducted into the Army of the United States on 23 September 1969.  He completed basic combat and advanced individual training and was awarded military occupational specialty 63B (Wheeled Vehicle Mechanic).  He was honorably released from active duty in the rank/grade of specialist five (SP5)/E-5 on 19 August 1971 and transferred to the U.S. Army Reserve Control Group (Annual Training) to complete his remaining military service obligation.  

4.  The applicant's records further show that he served in the Republic of Vietnam from on or about 6 October 1970 through on or about 19 August 1971.  He was assigned to Headquarters and Headquarters Company, 1st Battalion, 502nd Infantry, 101st Airborne Division.  

5.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant’s DD Form 214 shows he was awarded the National Defense Service Medal, the Vietnam Service Medal, the Army Commendation Medal, and the Expert Marksmanship Qualification badge with Rifle Bar.  Item 24 of this DD Form 214 does not show award of the Bronze Star Medal.

6.  Headquarters, 101st Airborne Division, General Orders Number 8853, dated 24 August 1971, show the applicant was awarded the Bronze Star Medal for meritorious service from October 1970 to September 1971.

7.  Review of the applicant's records indicates his entitlement to additional awards that are not shown on his DD Form 214.

8.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, for award of the Vietnam Campaign Medal correctly known as the Republic of Vietnam Campaign Medal with Device (1960).  This medal was awarded by the Government of Vietnam to all members of the Armed Forces of the United States for qualifying service in Vietnam during the period 1 March 1961 through 28 March 1973.  Qualifying service included assignment in Vietnam for 6 months or more.  Qualifying service outside the geographical limits of the Republic of Vietnam required the individual to provide direct combat support to the Republic of Vietnam and Armed Forces.  Individuals who had qualified for award of the Vietnam Service Medal or the Armed Forces Expeditionary Medal and were evacuated prior to completing six months of service due to wounds resulting from hostile action were entitled to award of the Vietnam Campaign Medal.

9.  Item 38 (Record of Assignments) of the applicant's DA Form 20 (Enlisted Qualification Record) shows he received "excellent" conduct and efficiency ratings throughout his military service.  Furthermore, the applicant's records contain no derogatory information that would have disqualified him from being awarded the Good Conduct Medal.

10.  Army Regulation 672-5-1, 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.

11.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows the 1st Battalion, 502nd Infantry was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation, based on Department of the Army General Orders Number 6, dated 1974.

12.  Appendix B of Army Regulation 600-8-22 shows that the applicant participated in the Vietnam Counteroffensive, Phase VII, and the Consolidation I campaigns during his tour of duty in the Republic of Vietnam.  This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 should be corrected to show award of the Bronze Star Medal.

2.  General orders awarded the applicant the Bronze Star Medal for meritorious service from October 1970 to September 1971 in the Republic of Vietnam, which is not shown on his DD Form 214; therefore, he is entitled to correction of his DD Form 214 to show this award.


3.  The evidence of record shows that the applicant was inducted on 23 September 1969 and was honorably released from active duty on 19 August 1971.  He received "excellent" efficiency and conduct ratings throughout his military service, attained the rank/grade of SP5/E-5, and completed a combat tour in the Republic of Vietnam.  Lacking any derogatory information on file that would have disqualified him, it would be appropriate to award the applicant his first award of the Good Conduct Medal based on completion of qualifying service ending with the termination of a period of Federal military service.  Therefore, he is entitled to correction of his records to show this award. 

4.  General orders awarded the applicant’s unit the Republic of Vietnam Gallantry Cross with Palm Unit Citation which is not shown on his records; therefore, he is entitled to correction of his records to show these unit awards.  

5.  The evidence of record shows that the applicant served in the Republic of Vietnam from on or about 6 October 1970 to on or about 19 August 1971.  Therefore, he served a qualifying period for award of the Republic of Vietnam Campaign Medal with Device (1960) and is entitled to correction of his records to show this award.

6.  The evidence of record shows the applicant was awarded the Vietnam Service Medal.  Additionally, records show the applicant participated in two campaigns while serving in the Republic of Vietnam.  Therefore, he is entitled to award of two bronze service stars to be affixed to the Vietnam Service Medal.

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 Good Conduct Medal (1st Award) for exemplary behavior, efficiency, and fidelity during the period 23 September 1969 through 19 August 1971; and

	b.  adding award of the Bronze Star Medal, the Good Conduct Medal (1st Award), the Republic of Vietnam Gallantry Cross with Palm Unit Citation, Republic of Vietnam Campaign Medal with Device (1960), and two bronze service stars to be affixed to his already-awarded Vietnam Service Medal to his DD Form 214.



      _______ _  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)                                         AR20090002520



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ABCMR Record of Proceedings (cont)                                         AR20090002520



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