IN THE CASE OF:	  

		BOARD DATE:	       28 JULY 2009

		DOCKET NUMBER:  AR20090004161 


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.

2.  The applicant states that a simple error caused his Bronze Star Medal to be omitted from his DD Form 214.

3.  The applicant indicates that he provided copies of his Bronze Star Medal citation and certificate in support of his application; however, they were not received.

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.  On 8 February 1968, the applicant was inducted into the Army of the United States for 2 years.  He completed his initial training and was awarded military occupational specialty (MOS) 64A (Light Vehicle Driver).

3.  On 7 June 1968, the applicant departed Fort Polk, Louisiana, for duty in the Republic of Vietnam.

4.  On 6 July 1968, the applicant was assigned for duty as a heavy truck driver with the 512th Transportation Company in the Republic of Vietnam.  He was subsequently awarded the MOS of 64B.

5.  On 31 March 1969, the applicant was assigned duty as a squad leader.

6.  On 11 May 1969, the applicant was promoted to sergeant, pay grade E-5, and awarded MOS 64C (Truckmaster).

7.  General Orders Number 846, United States Army Support Command, dated 15 June 1969, awarded the applicant the Bronze Star Medal for meritorious service in connection with military operations during the period from July 1968 to June 1969.

8.  On 22 June 1969, the applicant returned to the United States for duty with the 45th Artillery Brigade in Arlington Heights, Illinois.

9.  On 6 February 1970, the applicant was released from active duty.  He had completed 1 year, 7 months, and 3 days of creditable active duty with no lost time.

10.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 lists his awards as the National Defense Service Medal, Army Commendation Medal, Vietnam Service Medal, Vietnam Campaign Medal, the Expert Marksmanship Qualification Badge with Rifle Bar, and two Overseas Service Bars.  It does not show award of the Bronze Star Medal.

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

12.  Item 38 (Record of Assignments) of the applicant's DA Form 20 (Enlisted Qualification Record) shows that his conduct and efficiency ratings were "excellent."  The applicant’s records do not contain any evidence of disciplinary action.  There is no evidence to show that the commander took any action to deny him the Army Good Conduct Medal.
13.  Army Regulation 672-5-1, in effect at the time, provided that the Army Good Conduct Medal was awarded to individuals who had 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.

14.  Appendix B of Army Regulation 600-8-22 shows that based on the applicant's dates of service in the Republic of Vietnam, he participated in the following four campaign periods:  the Vietnam Counteroffensive Phase V, the Vietnam Counteroffensive Phase VI, the Tet 69 Counteroffensive, and the Vietnam Summer-Fall 1969.  This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.

15.  Department of the Army General Orders 8, dated 1974, announced award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for service in Vietnam to Headquarters, United States Army Vietnam, and its subordinate units during the period 20 July 1965 to 28 March 1973.

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 show that the applicant was awarded the Bronze Star Medal.  Therefore, his DD Form 214 should be corrected to show this award.

3.  The applicant’s records clearly show that he distinguished himself in the performance of his military service by attaining the rank of sergeant, being awarded the Bronze Star Medal and Army Commendation Medal, and progressing to the level of Truckmaster.  Therefore, it is presumed that his not receiving an Army Good Conduct Medal for his service was an oversight.  Accordingly, he should be awarded this medal.

4.  Records show that the applicant participated in four campaign periods during his service in the Republic of Vietnam.  Therefore, he is entitled to four bronze service stars to be affixed to his already-awarded Vietnam Service Medal.

5.  The applicant’s unit was cited in general orders for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  Therefore, his records should be corrected to show this foreign unit award.

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 for the period from 8 February 1968 to 6 February 1970; and

	b.  showing that, in addition to the awards shown on his DD Form 214, his authorized awards include the Bronze Star Medal, Army Good Conduct Medal, four bronze service stars to be affixed to his already-awarded Vietnam Service Medal, and the Republic of Vietnam Gallantry Cross with Palm Unit Citation.



      ______________XXX___________
                 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)                                         AR20090004161





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ABCMR Record of Proceedings (cont)                                         AR20090004161



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