IN THE CASE OF:	  

		BOARD DATE:	  27 October 2009

		DOCKET NUMBER:  AR20090007287 


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 and the Army Commendation Medal.

2.  The applicant states the Bronze Star Medal and the Army Commendation Medal were left off his DD Form 214.   

3.  The applicant provides, in support of his requests, copies of the certificate and citation for the Bronze Star Medal and the Army Commendation Medal, and his DD Form 214.

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 4 January 1968.  He completed training as an artilleryman and he served in Vietnam with A Battery, 1st Battalion, 11th Artillery Regiment, 9th Infantry Division.

3. General Orders 5069, issued by Headquarters, 9th Infantry Division on
28 April 1969, awarded him the Army Commendation Medal for outstanding achievement in connection with military operations against a hostile force in the Republic of Vietnam during the period 2 June 1968 through 19 April 1969.

4.  The applicant returned to the United States and served briefly at Fort Sill, OK. On 19 December 1969, upon the expiration of his term of service, he was released from active duty and he was transferred to the U.S. Army Reserve (USAR) Control Group (Annual Training) to complete his remaining Reserve obligation. 

5.  His DD Form 214 lists his authorized awards as the National Defense Service Medal, Vietnam Service Medal with bronze service star, Republic of Vietnam Campaign Medal with Device (1960), two Overseas Service Bars, and the Sharpshooter Marksmanship Qualification Badge.

6.  The applicant's DA Form 20 (Enlisted Qualification Record) shows that his conduct and efficiency ratings were exclusively “excellent.”

7.  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 pertaining to the applicant.

8.  Army Regulation 672-5-1 (Decorations and Awards), in effect at the time, provides that the Army Good Conduct Medal is awarded to individuals who have completed 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.  The enlisted person must have had all “excellent” conduct and efficiency ratings and no convictions by a court-martial.

9.  Appendix B of Army Regulation 600-8-22 (Military Awards) shows the campaign periods for Vietnam.  During the applicant’s tour in Vietnam he participated in four campaigns:  Vietnam Counteroffensive, Phase IV (2 April 

1969 - 30 June 1968); Vietnam Counteroffensive, Phase V (1 July 1968 - 
1 November 1968); and Vietnam Counteroffensive, Phase VI (2 November   1968 - 22 February 1969); and Tet 69, Counteroffensive, 1969 (23 February 1969 - 8 June 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.

10.  DA Pamphlet 672-3 (Unit Citation and Campaign Credit Register) shows that the 1st Battalion, 11th Artillery Regiment was awarded the Presidential Unit Citation for the period 7 March through 22 June 1968 by Department of the Army General Orders (DAGO) Number 60, dated 1969; Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 1 December 1966 through 30 June 1968 by DAGO Number 31, dated 1969; and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 19 December 1966 through 28 June 1969 by DAGO Number 59, dated 1969.

11.  Army Regulation 600-8-22 further provides that formal recommendations and approval in the chain of command are required for all decorations.  All awards, except basic marksmanship badges, must be announced or published in general or permanent orders.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant states the Bronze Star Medal and the Army Commendation Medal were left off his DD Form 214.

2.  General orders issued by Headquarters, 9th Infantry Division on 28 April 1969 awarded the applicant the Army Commendation Medal for outstanding achievement during the period 2 June 1968 through 19 April 1969.  Therefore, his records should be corrected to show this award.

3.  The applicant provided a copy of a citation awarding him the Bronze Star Medal while he served in Vietnam; however, there is no evidence of record and the applicant did not provide any general orders showing he was awarded the Bronze Star Medal.  Additionally, a search in ADCARS failed to show any orders for the Bronze Star Medal pertaining to the applicant.  Unfortunately, in the absence of orders, there is insufficient evidence to correct his records to show award of the Bronze Star Medal.  

4.  The applicant distinguished himself by his "excellent" conduct and efficiency ratings during a qualifying period for the first award of the Army Good Conduct Medal.  There is also no record of a court-martial or any other disciplinary action on the applicant.  Therefore, he is entitled to the Army Good Conduct Medal (first award) and correction of his records to show this award.

5.  Record shows the applicant participated during four campaign periods while serving in the Republic of Vietnam.  Therefore, he is entitled to award of four bronze service stars to be affixed to his already-awarded Vietnam Service Medal.

6.  During his Vietnam tour of duty the applicant's unit was awarded the   Presidential Unit Citation, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.  Therefore, his records should be corrected to show these unit awards.

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.  deleting from his DD Form 214 the Vietnam Service Medal with bronze service star;

	b.  awarding him the Good Conduct Medal (first award) for the period
4 January 1968 to 19 December 1969; and 

	c.  adding to his DD Form 214 the Army Commendation Medal, Army Good Conduct Medal, Vietnam Service Medal with four bronze service stars, Presidential Unit Citation, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Republic of Vietnam Civil Actions Honor Medal First Class 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 adding the Bronze Star Medal to his DD Form 214.



      __________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)                                         AR20090007287



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ABCMR Record of Proceedings (cont)                                         AR20090007287



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