IN THE CASE OF:	  

		BOARD DATE:	  13 August 2009

		DOCKET NUMBER:  AR20090005431 


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) with "V" (Valor) Device be added to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).

2.  The applicant states, in effect, that he was awarded the BSM with "V" Device while serving in the Republic of Vietnam (RVN); however, it was never entered on his DD Form 214.   

3.  The applicant provides no documentation 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 of the United States on 19 January 1967.  He was trained in and awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman), and sergeant (SGT) is the highest rank he attained while serving on active duty.

3.  The applicant’s DA Form 20 (Enlisted Qualification Record) shows he served in the RVN from 11 July 1967 through 7 July 1968.  Item 38 (Record of Assignments) shows that during his RVN tour he was assigned to Company D, 4th Battalion, 9th Infantry Regiment performing duties in MOS 11B as a rifleman and machine gunner.  Item 41 (Awards and Decorations) shows he earned the National Defense Service Medal (NDSM), Vietnam Service Medal (VSM), RVN Campaign Medal (RVNCM), Combat Infantryman Badge (CIB), Purple Heart (PH), and Expert Marksmanship Qualification Badge with Rifle Bar. 

4.  Item 38 of the applicant’s DA Form 20 also shows he received “Excellent” conduct and efficiency ratings during all of his active duty assignments.  Although he accepted non-judicial punishment (NJP) under the provisions of Article 15 of the Uniform Code of Military Justice on two separate occasions for minor infractions (absenting himself from his place of duty; and failing to report for duty and absenting himself from his unit) his record is void of a unit commander disqualification that would have precluded him from receiving the Army Good Conduct Medal (AGCM).

5.  The applicant's record contains Headquarters, 25th Infantry Division General Orders (GO) Number 5529, dated 31 July 1968, which awarded him the BSM with "V" Device for heroism in connection with military operations against a hostile force in the RVN on 15 May 1968.

6.  On 17 January 1969, the applicant was honorably released from active duty (REFRAD) after completing a total of 1 year, 11 months, and 29 days of active military service.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) shows that during his active duty tenure he earned the NDSM, PH, CIB, VSM with 3 bronze service stars, RVNCM, Marksman Marksmanship Qualification Badge with Rifle Bar, and Expert Marksmanship Qualification Badge with Rifle and Machine Gun Bars.

7.  Army Regulation 600-8-22 (Military Awards) prescribes the Army's awards policy.  Paragraph 2-13 of the awards regulation contains guidance on the VSM.  It states, in pertinent part, that a bronze service star is authorized for each RVN campaign a member is credited with participating in.  

8.  Paragraph 9-19 of the awards regulation contains guidance on the RVN Campaign Medal (RVNCM) and states, in pertinent part, that it is awarded with the Device (1960).  

9.  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 (4th Battalion, 9th Infantry Regiment) was awarded the RVN Gallantry Cross with Palm Unit Citation by Department of the Army (DA) GO Number 48 in 1971 and the RVN Civil Actions Honor Medal with First Class Unit Citation by DAGO Number 51 in 1971.  It also shows that during this period, participation credit was granted for the Vietnam Counteroffensive Phase III (1 June 1967 through 29 January 1968); TET Counteroffensive          (30 January 1968 through 1 April 1968); Vietnam Counteroffensive Phase IV     (2 April 1968 through 30 June 1968), and Vietnam Counteroffensive Phase V    (1 July 1968 through 1 November 1968) campaigns.  

10.  Army Regulation 672-5-1, in effect at the time, provides that the AGCM 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.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that the BSM with "V" Device should be added to the list of awards in Item 24 of his DD Form 214 was carefully considered and found to have merit.  The evidence of record confirms the applicant was awarded the BSM with "V" Device for his heroism, on 15 May 1968, as evidenced by orders contained in his OMPF.  As a result, it would be appropriate to add this award to item 24 of his DD Form 214 at this time.  

2.  The applicant's record also confirm he received "Excellent" conduct and efficiency ratings during all of his active duty assignments, and notwithstanding the two records of NJP for minor misconduct, his record is void of a unit commander disqualification that would have precluded him from receiving the AGCM.  Therefore, it would be appropriate to award him the 1st award of the AGCM for his qualifying period of honorable active service from 19 January 1967 through 17 January 1969.

3.  The evidence of record further confirms the applicant is eligible to wear the RVN Civil Actions Honor Medal First Class Unit Citation, RVN Gallantry Cross with Palm Unit Citation, four bronze service stars to be worn with his VSM, and the Device (1960) to be worn with his RVNCM.  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 AGCM for his qualifying period of honorable active duty service from 19 January 1967 through 17 January 1969; 

	b.  adding the BSM with "V" Device, AGCM, four bronze service stars to be worn with his already awarded Vietnam Service Medal, the Device (1960) to be worn with his already awarded RVNCM, the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, and the Republic of Vietnam Gallantry Cross with Palm Unit Citation to his DD Form 214; 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)                                         AR20090005431



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ABCMR Record of Proceedings (cont)                                         AR20090005431



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