IN THE CASE OF:	

		BOARD DATE:	14 July 2009  

		DOCKET NUMBER:  AR20090004345 


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, that the Bronze Star Medal (BSM) 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). 

2.  The applicant states, in effect, that he has the citation for the BSM he was awarded; however, the BSM was not included in item 24 of his DD Form 214.

3.  The applicant provides his DD Form 214 and a BSM certificate in support of his application.

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 record shows he was inducted into the Army and entered active duty on 26 October 1966.  It further shows he was trained in and awarded military occupational specialty (MOS) 71H (Personnel Specialist) and that specialist five (SP5) is the highest grade he attained while serving on active duty. 

3.  The applicant's DA Form 20 (Enlisted Qualification Record) shows he served in the Republic of Vietnam (RVN) from 28 February through 18 October 1968, and item 38 (Record of Assignments) shows that during his RVN tour he was assigned to the 15th Administration Company, performing duties in MOS 71B as a clerk typist and company clerk.  It also shows he received no less than "excellent" conduct and efficiency ratings at all of his active duty assignments.

4.  Item 41 (Awards and Decorations) of the applicant's DA Form 20 shows he earned the following awards during his active duty tenure:  National Defense Service Medal (NDSM), Vietnam Service Medal (VSM), Army Commendation Medal (ARCOM), RVN Campaign Medal (VCM), Marksman Marksmanship Qualification Badge with Rifle (M-14) Bar, and Sharpshooter Marksmanship Qualification Bar with Rifle (M-14) Bar.  It further shows he was awarded the BSM and that this award was authorized and announced in Headquarters, 
1st Cavalry Division (Airmobile) General Order Number 12408.

5.  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). 

6.  On 13 October 1968, the applicant was honorably released from active duty (REFRAD), in the rank of SP5, after completing 1 year, 11 months, and 17 days of active military service with no time lost.  Item 24 of the DD Form 214 he was issued at the time shows he earned the following awards during his tenure on active duty:  NDSM, VCM, VSM, Marksman Marksmanship Qualification Badge with Rifle (M-14) Bar, Sharpshooter Marksmanship Qualification Badge with Rifle (M-16) Bar, ARCOM, and 1 Overseas Service Bar.  

7.  The applicant provides a copy of a BSM certificate, dated 21 September 1968, which shows he was awarded the BSM for his meritorious achievement in the RVN during the period February 1968 through October 1968.  

8.  Army Regulation 600-8-22 (Military Awards) contains the Army's awards policy.  Paragraph 2-13 contains guidance on the VSM.  It states, in pertinent part, that a bronze service star is authorized for each campaign a member is credited with participating in while serving in the RVN.  Table B-1 contains a list of RVN campaigns and shows that during the applicant's tenure of assignment, participation credit was granted for the TET Counteroffensive, Vietnam Counteroffensive Phase IV, and Vietnam Counteroffensive Phase V campaigns.
9.  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.

10.  Paragraph 9-13 contains guidance on the RVN Campaign Medal.  It states, in pertinent part, that this award is authorized to members of the Armed Forces of the United States for qualifying service in the RVN during the period 1 March 1961 through 28 March 1973.  The regulation stipulates that a 1960 Device is worn with this award. 

11.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows that during the applicant’s tenure of assignment in the RVN his unit, the 15th Administration Company, was awarded the Meritorious Unit Commendation (MUC) and RVN Gallantry Cross with Palm Unit Citation. 

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention of entitlement to the BSM was carefully considered and found to have merit.  The BSM certificate provided by the applicant shows he was awarded the BSM for his meritorious achievement during the period February 1968 through October 1968.  The information in the BSM certificate is corroborated by an entry in item 41 of the applicant’s DA Form 20, which confirms he was awarded the BSM and that it was authorized and announced in official general orders published by the 1st Cavalry Division.  Therefore, it would be appropriate to add the BSM to the list of awards contained on his DD Form 214 at this time  

2.  The applicant's record also confirms that he received "excellent" conduct and efficiency ratings and it is void of derogatory information or a unit commander disqualification that would have precluded him from receiving the AGCM.  As a result, it would be appropriate to award him the first award of the AGCM for his qualifying period of honorable active duty service from 26 October 1966 through 13 October 1968.

3.  The evidence of record further confirms that based on his RVN service and campaign participation, the applicant is eligible for the MUC, RVN Gallantry Cross with Palm Unit Citation, 3 bronze service stars with his VSM and the 1960 Device with his RVN Campaign Medal.  Thus, these awards should also be added to his record and DD Form 214. 

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 his qualifying period of honorable active duty service from 26 October 1966 through 13 October 1968; 

	b.  amending item 24 of his DD Form 214 by adding the Bronze Star Medal, Army Good Conduct Medal, Meritorious Unit Commendation, Republic of Vietnam Gallantry Cross with Palm Unit Citation, 3 bronze service stars to be worn with his Vietnam Service Medal, and the 1960 Device to be worn with his Republic of Vietnam Campaign Medal; and 

	c.  providing him a correction to his DD Form 214 that reflects 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)                                         AR20090004345



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20090004345


2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1