IN THE CASE OF:	  

		BOARD DATE:	  26 August 2009

		DOCKET NUMBER:  AR20090004867 


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 his DD Form 214 (Armed Forces of the U.S. Report of Transfer or Discharge) be corrected to show the following awards:  the Silver Star with First Oak Leaf Cluster, the Bronze Star Medal with First Oak Leaf Cluster, the Army Commendation Medal, and the Army Good Conduct Medal.  

2.  The applicant states, in effect, that he has the award certificates and medals for the two Silver Stars and one Bronze Star Medal in his possession that were awarded to him in 1969.  He states that he was awarded another Bronze Star Medal and an Army Commendation Medal while in the Republic of Vietnam, but he has lost the paperwork that accompanied these two awards.  He concludes with he does have the medals for the second Bronze Star Medal and the Army Commendation Medal. 

3.  The applicant provides in support of his application copies of three award certificates that show he was awarded the Silver Star, the Silver Star with First Oak Leaf Cluster, and the Bronze Star Medal.

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 was inducted into the Army of the United States on 29 March 1968.  He successfully completed basic and advanced individual training.  He was awarded military occupational specialty 11E (Armor Crewman).  The highest rank he attained was specialist four/pay grade E-4.

3.  The applicant's military personnel records show that he served in the Republic of Vietnam from 6 November 1968 through 5 November 1969 and while in country he was assigned to Company A, 2nd Battalion, 34th Armor Brigade, 25th Infantry Division.

4.  On 21 June 1969, General Orders Number 8029 issued by Headquarters, 25th Infantry Division awarded the applicant the Silver Star for gallantry in action on 29 May 1969 in the Republic of Vietnam. 

5.  On 2 September 1969, General Orders Number 11186 issued by Headquarters, 25th Infantry Division awarded the applicant the Bronze Star Medal for meritorious achievement in connection with military operations against a hostile force for the period 24 June 1969 to 9 August 1969.

6.  On 26 September 1969, General Orders Number 12037 issued by Headquarters, 25th Infantry Division awarded the applicant the Silver Star with First Oak Leaf Cluster for gallantry in action on 4 September 1969 in the Republic of Vietnam. 

7.  The applicant was honorably released from active duty on 6 November 1969 and transferred to the U.S. Army Reserve Control Group (Reinforcement).  He was issued a DD Form 214 that shows he completed 1 year, 7 months, and 8 days of active service with 1 year of foreign service. 

8.  Item 24 (Decorations, Medal, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 with a separation date of 6 November 1969 shows award of the Army Commendation Medal with "V" Device, the National Defense Service Medal, the Vietnam Service Medal, and the Vietnam Campaign Medal.  This DD Form 214 does not show award of the Silver Star with First Oak Leaf Cluster, the Bronze Star Medal, or the Army Good Conduct Medal.
9.  Item 38 (Record of Assignments) of the applicant’s DA Form 20 (Enlisted Qualification Record) shows that for all his assignments he received "excellent" conduct and efficiency ratings.  His military personnel records do not show any time lost or record of nonjudicial punishment under the provisions of Article 15, Uniform Code of Military Justice, or any records of conviction by court-martial.

10.  Item 41 (Awards and Decorations) of the applicant’s DA Form 20 shows award of the Silver Star, the Silver Star with First Oak Leaf Cluster, the Bronze Star Medal, the Army Commendation Medal with "V" Device, the National Defense Service Medal, the Vietnam Service Medal, the Vietnam Campaign Medal, two Overseas Service Bars, and the Marksman Marksmanship Qualification Badge with Rifle Bar.  There is no entry for the Army Good Conduct Medal.

11.  Army Regulation 672-5-1 (Military Awards), in effect at the time, provides that the Army 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.  

12.  A review of the applicant's records indicates entitlement to additional awards that are not shown on his DD Form 214 with a separation date of 6 November 1969.

13.  On 17 May 1968, Special Orders Number 120 issued by Headquarters, 1st Training Brigade, U.S. Army Training Center at Fort Knox awarded the applicant the Marksman Marksmanship Qualification Badge with Pistol Bar.

14.  On 15 July 1968, Special Orders Number 127 issued by Headquarters, 1st Training Brigade, U.S. Army Training Center at Fort Knox awarded the applicant the Marksman Marksmanship Qualification Badge with Rifle Bar 14.  

15.  Army Regulation 600-8-22 (Military Awards) states, in pertinent part, for each succeeding act or period of meritorious service or achievement that justifies the award of a decoration, an oak leaf cluster will be awarded.   

16.  Army Regulation 600-8-22 provides, in pertinent part, for award of the Vietnam Service Medal.  This medal is awarded to all members of the Armed Forces of the United States for qualifying service in Vietnam after 3 July 1965 through 28 March 1973.  Qualifying service included attachment to or assignment for 1 or more days with an organization participating in or directly supporting military operations.  Appendix B of this regulation shows the campaigns for Vietnam.  During the applicant’s tour in Vietnam, he participated in three campaigns:  the Counteroffensive, Phase VI (2 November 1968 to 22 February 1969); the Tet 69 Counteroffensive (23 February to 8 June 1969); and the Summer-Fall 1969 (9 June to 31 October 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. 

17.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in Vietnam.  This pamphlet shows that the unit (34th Armor Brigade) to which the applicant was assigned was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 1 September 1968 to 30 September 1970 by publication of Department of the Army General Order (DAGO) Number 5, dated 1973.  This document also shows that based on the time of the applicant’s assignment to Company A, 2nd Battalion, 34th Armor Brigade, the unit was awarded the Republic of Vietnam Civil Actions Medal First Class Unit Citation per publication of DAGO Number 51, dated 1971.

18.  A review of the Awards and Decorations Computer-Assisted Retrieval System (ADCARS), an index of general orders issued during the Vietnam era between 1965 and 1973 maintained by the Military Awards Branch of the U. S. Army Human Resources Command, failed to reveal that orders were published awarding the applicant the Bronze Star Medal with First Oak Leaf Cluster or Army Commendation Medal.

DISCUSSION AND CONCLUSIONS:

1.  Orders announced award of the Silver Star with First Oak Leaf Cluster, the Bronze Star Medal, the Marksman Marksmanship Qualification Badge with Rifle Bar, and the Marksman Marksmanship Qualification Badge with Pistol Bar to the applicant.  Therefore, the applicant is entitled to have his DD Form 214 corrected to show these awards. 

2.  Based on the applicant's "excellent" conduct and efficiency ratings throughout his initial enlistment period ending in the termination of his first period of active duty service and the absence of evidence showing disqualification, the applicant is entitled to award of the Army Good Conduct Medal based on the termination of his first federal active service tour from 29 March 1968 to 6 November 1969.



3.  Records show the applicant was awarded the Vietnam Service Medal.  Additionally, records show the applicant participated in three campaigns while serving in the Republic of Vietnam.  Therefore, he is entitled to award of three bronze service stars to be affixed to his Vietnam Service Medal.

4.  General orders announced award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Medal First Class Unit Citation to the 34th Armor Brigade during a period of time the applicant was assigned to the brigade.  Therefore, the applicant is entitled to have his record corrected to show award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Medal First Class Unit Citation.

5.  The applicant's records do not show that orders were published awarding the applicant a second award of the Bronze Star Medal (Bronze Star Medal with First Oak Leaf Cluster) or award of the Army Commendation Medal.  Therefore, he is not entitled to have his DD Form 214 corrected to show award of the Bronze Star Medal with First Oak Leaf Cluster and the Army Commendation Medal. 

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___X____  ____X___  ___X___  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant a recommendation for partial 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 of service from 29 March 1968 to 6 November 1969;

	b.  deleting from his DD Form 214, dated 6 November 1969, the Vietnam Service Medal; and 



	c.  adding to his DD Form 214, dated 6 November 1969, the Silver Star with First Oak Leaf Cluster, the Bronze Star Medal, the Army Good Conduct Medal, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, the Vietnam Service Medal with three bronze service stars, the Marksman Marksmanship Qualification Badge with Rifle Bar, and the  Marksman Marksmanship Qualification Badge with Pistol Bar.

2.  The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to award of the Bronze Star Medal with First Oak Leaf Cluster and the Army Commendation Medal. 



      _______ _   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)                                         AR20090004867





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ABCMR Record of Proceedings (cont)                                         AR20090004867



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