IN THE CASE OF:	

		BOARD DATE:	9 July 2009    

		DOCKET NUMBER:  AR20090002567 


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, correction to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show his award of the Bronze Star Medal.

2.  The applicant states, in effect, that his DD Form 214 does not reflect his award of the Bronze Star Medal. 

3.  In support of his application, the applicant provides copies of two Bronze Star Medal Certificates.

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 military records show he was inducted into the Army of the United States, in pay grade E-1, on 5 March 1968.  He completed basic and advanced individual training and he was awarded military occupational specialty 11B, Light Weapons Infantryman.  

3.  The applicant's records show that he served in the Republic of Vietnam from 9 August 1968 to 8 October 1969 with Advisory Teams 24 and 41, II Corps, United States Military Assistance Command, Vietnam, for four campaigns.

4.  The applicant submits a copy of a Bronze Star Medal Certificate, dated 9 October 1970, showing he was awarded the Bronze Star Medal for meritorious achievement in ground operations against hostile forces in the Republic of Vietnam during the period from October 1968 to October 1969.  

5.  The applicant also submits a copy of an undated Bronze Star Medal Citation, showing he was awarded the Bronze Star Medal for meritorious service in connection with military operations against a hostile force in the Republic of Vietnam during the period from October 1968 to October 1969.  

6.  The applicant was honorably released from active duty, in grade E-4, on 11 October 1969, as an overseas returnee.  He was transferred to the U.S. Army Reserve Control Group (Annual Training).

7.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 shows 
the National Defense Service Medal, the Vietnam Service Medal, the Republic of Vietnam Campaign Medal, and the Combat Infantryman Badge.  The Bronze Star Medal is not shown.

8.  The Awards and Decorations Computer-Assisted Retrieval System contains General Orders Number 5322, dated 9 October 1970, awarding him the Bronze Star Medal for meritorious service in connection with military operations against a hostile force in the Republic of Vietnam during the period from October 1968 to October 1969.  His records do not contain these orders.  

9.  The applicant's DA Form 20 (Enlisted Qualification Record), Item 41 (Awards and Decorations), shows the applicant received the Marksman Marksmanship Qualification Badge with Rifle Bar.  This award is not shown on his DD Form 214.

10.  The available evidence does not show the applicant was awarded the Army Good Conduct Medal.  Additionally, the available evidence does not show the applicant was disqualified by his unit commander for award of the Army Good Conduct Medal.  He received all "excellent" conduct and efficiency ratings throughout his tenure of service.

11.  Army Regulation 600-8-22 (Military Awards) provides that the Army Good Conduct Medal is awarded to individuals who distinguish themselves by their conduct, efficiency, and fidelity during a qualifying 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.  Although there is no automatic entitlement to the Army Good Conduct Medal, disqualification must be justified.  

12.  Army Regulation 600-8-22 further authorizes 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 campaign or service medal including the Vietnam Service Medal.  

13.  Department of the Army Pamphlet 672-3 (Unit Citations and Campaign Participation Credit Register) shows that Department of the Army General Order Number 8, dated in 1974, authorized the award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to all units assigned to the United States Military Assistance Command, Vietnam.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 should be corrected to show award of the Bronze Star Medal.  The evidence of record confirms he was awarded the Bronze Star Medal on 9 October 1970; however, this award is not shown on his DD Form 214.  Therefore, it would be appropriate to correct his records to add this award to his DD Form 214.

2.  The evidence of record also confirms that the applicant was awarded the Marksman Marksmanship Qualification Badge with Rifle Bar.  This award is not shown on his DD Form 214 and it would also be appropriate to add this award to his DD Form 214 at this time.

3.  The evidence of record further shows the applicant met the criteria for award of the Army Good Conduct Medal; however, this award is not shown on DD Form 214.  There is no evidence in the records which shows the applicant was disqualified for this award.  His record also shows he received "excellent" 

conduct and efficiency ratings throughout his tenure of service.  Therefore, he is entitled to award of the Army Good Conduct Medal (first award) for the period 5 March 1968 to 11 October 1969 and to have this award added to his DD Form 214.

4.  The evidence of record further shows the applicant participated in four campaigns during his service in the Republic of Vietnam.  Therefore, he is entitled to award of four bronze service stars to be affixed to his already-awarded Vietnam Service Medal and to have his record corrected to show this award.

5.  General orders entitled the applicant’s unit to award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation during his tenure of assignment in Vietnam.  This unit award is not shown on his DD Form 214.  Therefore, he is entitled to have his records corrected to show this unit award.

6.  In view of the foregoing, the applicant’s records should be corrected as recommended below.

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 him the Army Good Conduct Medal (first award) for the period 5 March 1968 through 11 October 1969; 

	b.  amending his DD Form 214 to add the Bronze Star Medal, the Marksman Marksmanship Qualification Badge with Rifle Bar, and the Republic of Vietnam Gallantry Cross with Palm Unit Citation and to show  he is eligible to wear four bronze service stars to be affixed to his already- awarded Vietnam Service Medal; and
	c.  providing him a corrected DD Form 214 that includes these awards.




      _______ _  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)                                         AR20090002567





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ABCMR Record of Proceedings (cont)                                         AR20090002567



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