IN THE CASE OF:	  

		BOARD DATE:	       27 AUGUST 2009

		DOCKET NUMBER:  AR20090005089 


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 the award of the Bronze Star Medal he was recommended for in the Republic of Vietnam.

2.  The applicant states his company commander recommended him for the Bronze Star Medal.  He states his company commander was killed in action on 
8 May 1972 and he was never informed as to what happened to the recommendation.  He states he recently found the document recommending him for the award in his personnel folder and would like to know what became of the award.

3.  The applicant provides a copy of USARV (U.S. Army Vietnam) Form 157-R (Recommendation For Decoration For Valor Or Merit) 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 military personnel records show he was inducted into the Army of the U.S. on 9 February 1971.  He completed basic combat training and advanced individual training and was awarded the military occupational specialty off 11B (Light Weapons Infantryman).  He was promoted to sergeant/pay grade E-5 effective 4 October 1971.

3.  The applicant was assigned to Company A, 1st Battalion, 7th Cavalry in the Republic of Vietnam during the period from 9 February to 12 August 1972.

4.  Headquarters, United States Army, Vietnam/Military Assistance Command Vietnam (MACV) Support command General Orders Number 1642, dated 27 July 1972, awarded the applicant the Army Commendation Medal for meritorious service in the Republic of Vietnam during the period from January 1972 to August 1972.

5.  Headquarters, United States Army Vietnam/MACV Support Command General Orders Number 1697, dated 29 July 1972, awarded the applicant the Air Medal for meritorious achievement while participating in aerial flight during the period from January 1972 to August 1972.

6.  On 8 November 1972, the applicant was released from active duty.  He had completed 1 year and 9 months of active service that was characterized as honorable.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant’s DD Form 214 shows he is authorized the Vietnam Service Medal.

7.  There is no evidence the applicant received the first award of the Army Good Conduct Medal.  There also is no evidence the applicant was disqualified by his chain of command from receiving the Army Good Conduct Medal.  Records do not show indiscipline or lost time.  His records do not contain any adverse information and he received conduct and efficiency ratings of "excellent" throughout his service.

8.  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 United States Army Human Resources Command failed to reveal any orders for the Bronze Star Medal.

9.  Based on the applicant's dates of service in Vietnam, Table B-1 of Army Regulation 600-8-22 (Military Awards) shows he served in the Consolidation II Campaign 1 December 1971 - 29 March 1972) and the Vietnam Cease-Fire Campaign 30 March 1972 - 28 January 1973.

10.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists campaign participation credit, assault landing credit, unit citation emblems awarded during the Vietnam Conflict, the Grenada Operation, and the period of service subsequent to the Vietnam Conflict up to September 1987.  This document shows that, during the time of the applicant’s assignment to the 1st Battalion, 7th Calvary the unit received the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period from 
17 September 1965 to June 1972.  

11.  The USARV Form 157-R, submitted by the applicant, documents the applicant's company commander recommending him for the Bronze Star Medal for meritorious service during the period from 30 January 1972 to 15 May 1972.  That portion of the form that provides for further recommendation is not completed nor is there any evidence of the form being submitted up the chain of command.

12.  USARV Regulation 672-1 (Decorations and Awards), then in effect, governed the military awards program in Vietnam during the Vietnam War.  This regulation stated that the Bronze Star Medal may have been awarded for heroism, meritorious achievement or service which did not involve aerial flight, but which was performed in connection with military operations against an armed enemy including combat, support, and supply operations.  

13.  USARV Regulation Number 672-1, then in effect, stated that no more than one meritorious service award would be authorized to an individual for a normal tour in the Republic of Vietnam.

14.  Army Regulation 672-5-1 (Military Awards), 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 was each 3 years except in those cases when the period for the first award ended 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 were not disqualifying.  Service school efficiency ratings based upon academic proficiency of at least "good" rendered subsequent to 
22 November 1955 were not disqualifying.

15.  Army Regulation 600-8-22, in pertinent part, authorizes award of a bronze service star based on qualifying service for each campaign listed in Appendix B of this regulation.  The regulation states that authorized bronze service stars will be worn on the appropriate campaign and service medal, which in this case is the Vietnam Service Medal.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant submitted a copy of his nomination, submitted by his company commander, for the Bronze Star Medal for meritorious service from 30 January to 15 May 1972.  However, there is no record showing the processing of this award nor is there any record of the award being approved.

2.  The applicant's record does contain orders for the award of the Army Commendation Medal for meritorious service from January 1972 to August 1972.  

3.  The regulation, in effect at the time, stated that no more than one meritorious service award would be authorized for a normal tour in the Republic of Vietnam.  Therefore, it appears as though the nomination for the Bronze Star Medal may have been downgraded to an Army Commendation Medal and the period changed to cover his entire tour by the award issuing authority.   Therefore, it is appropriate to show he was awarded the Army Commendation Medal on his 
DD Form 214.

4.  The applicant's record contains orders awarding him the Air Medal.  Therefore, it is appropriate to show he was awarded the Air Medal on his 
DD Form 214.

5.  The applicant's records do not show indiscipline or lost time, he received conduct and efficiency ratings of "excellent" throughout his military service, and he was promoted to sergeant in less than 2 years.  Therefore, the preponderance of evidence shows the applicant is entitled to the first award of the Army Good Conduct Medal based on completion of qualifying service from 9 February 1971 to 8 November 1972 ending with termination of a period of Federal military service.

6.  The applicant's military personnel records show he participated in two campaigns during his service in Vietnam.  Therefore, he is entitled to two bronze service stars to be worn on his Vietnam Service Medal.  

7.  Based on the applicant's service with the 1st Battalion, 7th Cavalry he is authorized the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

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
9 February 1971 to 8 November 1972; and

	b.  amending item 24 of his DD Form 214 to show he was awarded or is authorized the Air Medal, the Army Commendation Medal, the Army Good Conduct Medal, the Vietnam Service Medal with two bronze service stars, and the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

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 the Bronze Star Medal.  




      _______ _   __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)                                         AR20090005089





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ABCMR Record of Proceedings (cont)                                         AR20090005089



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