IN THE CASE OF:	  	

		BOARD DATE:	  27 October 2009

		DOCKET NUMBER:  AR20090007748 


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 award of the Bronze Star Medal, Air Medal, and all awards that he is entitled to for his service in the Republic of Vietnam. 

2.  The applicant defers to counsel. 

3.  The applicant provides copies of orders awarding him the Bronze Star Medal and the Air Medal in support of his application. 

COUNSEL'S REQUEST, STATEMENT AND EVIDENCE:

1.  Counsel requests correction of the applicant's DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show the Bronze Star Medal and the Air Medal.

2.  Counsel states that the applicant was awarded the Bronze Star Medal and the Air Medal for his service with Company A, 1st Battalion, 26th Infantry, 1st Infantry Division in the Republic of Vietnam.

3.  Counsel provides General Orders Number 7656 which awarded the applicant the Bronze Star Medal and General Orders Number 9812 which awarded the applicant the Air Medal in support of the applicant's 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 was inducted into the Army of the United States on 24 January 1968.  He successfully completed basic combat and advanced individual training.  He was awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman).  The highest rank/grade he attained during his service was sergeant (SGT)(temporary)/E-5.

3.  The applicant's DA Form 20 (Enlisted Qualification Record), dated 31 July 1969, shows he served in the Republic of Vietnam from 26 June 1968 through 
23 June 1969.  He was assigned to Company A, 1st Battalion, 26th Infantry, 1st Infantry Division.

4.  The applicant's official military personnel record contains General Orders Number 7656 issued by Headquarters, 1st Infantry Division, dated 26 July 1969, that announced his award of the Bronze Star Medal for meritorious service in the Republic of Vietnam during the period July 1968 to June 1969.  The record also contains General Orders Number 9812, issued by Headquarters, 1st Infantry Division, dated 4 September 1969, that announced award of the Air Medal for meritorious achievement while participating in aerial flight during the period 
19 July 1968 to 4 January 1969.

5.  The applicant was honorably released from active duty on 23 January 1970 and he was transferred to the U.S. Army Reserve (USAR) Control Group (Annual Training) to complete his remaining Reserve obligation.  He was issued a DD Form 214 that shows he served on active duty for 2 years and he had 11 months and 28 days of foreign service. 

6.  Item 24 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 shows the following 
awards:  the National Defense Service Medal, Vietnam Service Medal with Device (1960) (sic), Purple Heart, Combat Infantryman Badge, Vietnam Campaign Medal, Republic of Vietnam Gallantry Cross with Palm Unit Citation, one Overseas Service Bar, Expert Marksmanship Qualification Badge with Rifle Bar (M-14), and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16).  This DD Form 214 does not show award of the Bronze Star Medal or the Air Medal. 

7.  Item 38 (Record of Assignments) of the applicant’s DA Form 20 shows that for all his assignments he received "excellent" conduct and efficiency ratings.  His military personnel records do not show any time lost, record of nonjudicial punishment under the provisions of Article 15, Uniform Code of Military Justice (UCMJ), or any records of conviction by court-martial. 

8.  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.  Service and efficiency ratings based upon academic proficiency of at least "Good" rendered subsequent to 22 November 1955 are not disqualifying.

9.  Army Regulation 600-8-22 (Military Awards) 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 one or more days to a unit 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 five campaigns:  the Counteroffensive, Phase IV (2 April to 30 June 1968); Vietnam Counteroffensive, Phase V (1 July 1968 to 1 November 1968), Counteroffensive, Phase VI (2 November 1968 to 22 February 1969), Tet 69 Counteroffensive, 1969 (23 February 1969 to 8 June 1969), and the Summer-Fall 1969 (9 June 1969 to 31 October 1969).  This same regulation states that a bronze service star is authorized for wear on the Vietnam Service Medal for participation in each campaign and that a silver service star represents five bronze service stars.

10.  Army Regulation 600-8-22 provides, in pertinent part, for award of the Vietnam Campaign Medal, correctly known as the Republic of Vietnam Campaign Medal with Device (1960).  This medal was awarded by the 
Government of Vietnam to all members of the Armed Forces of the United States for qualifying service in Vietnam during the period 1 March 1961 through 28 March 1973.  Qualifying service included assignment in Vietnam for 6 months or more.  Qualifying service outside the geographical limits of the Republic of Vietnam required the individual to provide direct combat support to the Republic of Vietnam and Armed Forces.  

11.  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 document shows that the unit to which the applicant was assigned 
(1st Battalion, 26th Infantry) was awarded the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation by Department of the Army General Order Number 53, dated 1970.

12.  Army Regulation 670-1 (Uniforms and Insignia), in effect at the time, governs the requirements for the Overseas Service Bar.  In pertinent part, it provides that a bar is authorized for wear for each period of active Federal service as a member of the U.S. Army outside of the continental limits of the United States for the specific time frames and areas of operation cited in Army Regulation 670-1 or appropriate Department of the Army message.  For Vietnam service, one overseas service bar is authorized for each period of 6 months active Federal service as a member of a U.S. Service in Vietnam from 1 July 1958 to 28 March 1973.  Both the month of arrival and the month of departure from Vietnam are counted as whole months for credit toward the overseas service bar.

DISCUSSION AND CONCLUSIONS:

1.  General orders announced award of the Bronze Star Medal and the Air Medal to the applicant during his service in the Republic of Vietnam.  Therefore, the applicant is entitled to have his records corrected to show these awards.

2.  Based on the applicant's "excellent" conduct and efficiency ratings throughout his initial enlistment period, his satisfactory service, and the absence of evidence showing disqualification, the preponderance of evidence shows the applicant should be awarded the Army Good Conduct Medal based on completion of qualifying service from 24 January 1968 to 23 January 1970 ending with termination of his first period of qualifying Federal military service.  Therefore, he is entitled to award of the Army Good Conduct Medal (first award) and correction of his records to show this award.

3.  Records show the applicant was awarded the Vietnam Service Medal.  Additionally, records show the applicant participated in five campaigns while serving in the Republic of Vietnam.  Therefore, he is entitled to award of one silver service star to be affixed to his already-awarded awarded Vietnam Service Medal.

4.  Additionally, his DD Form 214 shows award of the Vietnam Service Medal with Device (1960).  The Device (1960) is not authorized for wear on the Vietnam Service Medal; however, it is authorized for wear on the Republic of Vietnam Campaign Medal.  Therefore, his already-awarded Republic of Vietnam Campaign Medal should be corrected to show this device.

5.  General orders announced award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation to the 1st Battalion, 26th Infantry during a period of time the applicant was assigned to the unit.  Therefore, he is entitled to correction of his records to show this unit award.

6.  Based on the applicant's second six-month period of service in the Republic of Vietnam, he is entitled to award of a second Overseas Service Bar.  

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.  deleting from item 24 of his DD Form 214 the Vietnam Service Medal with Device (1960), the Vietnam Campaign Medal, and one Overseas Service Bar;

	b.  awarding him the Army Good Conduct Medal (first award) for his period of service from 24 January 1968 to 23 January 1970; and

	


	c.  adding to item 24 of his DD Form 214 the Bronze Star Medal, Air Medal, Army Good Conduct Medal (first award), Vietnam Service Medal with one silver service star, Republic of Vietnam Campaign Medal with Device (1960), the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, and two Overseas Service Bars. 




      ____________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)                                         AR20090007748



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ABCMR Record of Proceedings (cont)                                         AR20090007748



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