DOCKET NUMBER:  AR20090003382 


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 earlier petition that the Bronze Star Medal (BSM) he earned be added to the list of awards contained in Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for the period ending
9 August 1971.  

2.  The applicant states, in effect, that he received award of the BSM while in-country; however, it was never added to his permanent record.

3.  The applicant provides a copy of his DD Form 214, DD Form 215 (Correction to DD Form 214), TAGO Form 166 (Statement of Military Service), and BSM Citation in support of his application. 

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 AR2004103929 on 23 September 2004.

2.  During the original review the Board concluded there were no BSM orders in the applicant's record and as a result determined there was insufficient evidence to confirm he was awarded the BSM.  

3.  The applicant's records show he enlisted in the Regular Army (RA) and entered active duty on 12 November 1968.  He was trained in and awarded military occupational specialty (MOS) 67B (O-1/U-6 Airplane Repairman), and the highest rank/grade he attained while serving on active duty was specialist five (SP5)/E-5.

4.  The applicant’s DA Form 20 (Enlisted Qualification Record) shows he served in the Republic of Vietnam (RVN) from 1 June 1969 to 5 August 1971.  Item 38 (Record of Assignments) shows that during his RVN tour, he was assigned to the 21st Reconnaissance Airplane Company (RAC), 212th Combat Aviation Battalion (CAB) from 4 June 1969 to 5 August 1971.  

5.  Item 41 (Awards and Decorations) shows he earned the National Defense Service Medal (NDSM), Vietnam Service Medal (VSM), Aircraft Crewman Badge, Republic of Vietnam Campaign Medal (RVNCM) with Device (1960), Army Commendation Medal (ARCOM), Expert Marksmanship Qualification Badge with Rifle (M-16 and M-14) Bar, and two overseas service bars.

6.  The applicant's Official Military Personnel File (OMPF) is void of any derogatory information or a unit commander disqualification that would have precluded him from receiving the Army Good Conduct Medal (AGCM).  The applicant's records also show he received "excellent" conduct and efficiency ratings through his tenure of service.

7.  The applicant's OMPF contains a BSM Citation.  This document shows he was awarded the BSM for his meritorious achievement in support of military operations against communist aggression in the RVN during the period January 1970 to January 1971.

8.  The applicant's OMPF also contains a TAGO Form 166, dated 10 January 1972.  This document was authenticated by The Adjutant General of the Army and confirms the applicant was awarded the ARCOM and BSM.  

9.  On 9 August 1971, the applicant was honorably released from active duty after completing a total of 2 years, 8 months, and 14 days of active service. Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of the DD Form 214 he was issued at the time shows he earned the NDSM, VSM, RVNCM, ARCOM, Aircraft Crewman Badge, Expert Marksmanship Qualification Badge with Rifle (M-16 and M-14) Bar, and 2 Overseas Service Bars.


10.  On 7 June 2005, a DD Form 215 was issued to the applicant which deleted the VSM entry in item 24 and added the Air Medal (AM), VSM with 1 silver service star and 1 bronze service star, and RVN Gallantry Cross with Palm Unit Citation.

11.  Army Regulation 600-8-22 (Military Awards) contains the Army's awards policy.  Chapter 4 of Army Regulation 600-8-22 prescribes the policy for award of the AGCM.  It states, in pertinent part, that the AGCM 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, in which case a period of more than 1 year is a qualifying period.  Although there is no automatic entitlement to the AGCM, disqualification must be justified.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that he earned the BSM was carefully considered and found to have merit.  The evidence of record confirms the applicant was awarded the BSM for his meritorious service during the period January 1970 to January 1971, as evidenced by the BSM citation and TAGO Form 166 on file in his OMPF.  As a result, it would be appropriate at this time to add the BSM to the list of awards contained in item 24 of his DD Form 214.

2.  The applicant's record also confirms that he received "excellent" conduct and efficiency ratings at all of his active duty assignments, and his OMPF is void of any derogatory information or a unit commander disqualification that would have 
precluded him from receiving the AGCM.  Therefore, it would be appropriate to award him the first award of the AGCM for his qualifying period of honorable active duty service from 12 November 1968 through 9 August 1971.

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 AR2004103929, dated 23 September 2004.  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 AGCM for his qualifying period of honorable active duty service from 12 November 1968 through 9 August 1971;
   
   b.  adding to item 24 of the applicant's DD Form 214 the Bronze Star Medal and Army Good Conduct Medal (first award); and
   
   c.  providing the applicant a correction to his DD Form 214 that includes these changes.



      ___________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)                                         AR20090003382



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ABCMR Record of Proceedings (cont)                                         AR20090003382



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