BOARD DATE:	  17 November 2009

		DOCKET NUMBER:  AR20090010139 


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 two Bronze Star Medals for his service in the Republic of Vietnam.

2.  The applicant states that he has two Bronze Star Medals that are not recorded on his DD Form 214.

3.  The applicant provides, in support of his application, copies of his DD Form 214 and two orders awarding him 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.  On 26 July 1968, the applicant enlisted in the Regular Army (RA) for 3 years.  He completed his initial training and he was awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman).

3.  On or about 6 February 1969, the applicant departed Fort Benning, GA, for duty in the Republic of Vietnam.  He arrived in-theater on 14 March 1969 and he was subsequently assigned to D Company, 5th Battalion, 46th Infantry Regiment.

4.  On 13 May 1969, the applicant was hospitalized and medically evacuated to Walter Reed Army Medical Center (WRAMC).

5.  On 1 July 1969, the applicant was assigned for duty at Fort Meade, MD.

6.  On 12 September 1969, the applicant was awarded secondary MOS 64B (Heavy Vehicle Driver).

7.  On 21 January 1970, the applicant departed Fort Meade for duty in the Republic of Vietnam.  He was assigned to the 528th Quartermaster Company as a heavy vehicle driver.  In September 1970, he was reassigned to the 
101st Administration Company for 1 week; to Headquarters and Headquarters Battery, 2nd Battalion, 11th Artillery for 2 weeks; and then to Service Battery, 2nd Battalion, 11th Artillery.  He served with this unit until his return to the United States on or about 22 February 1971.

8.  On 26 February 1971, the applicant was honorably released from active duty by reason of overseas returnee and he was transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement) to complete his remaining Reserve obligation.  He had completed 2 years, 7 months, and 1 day of creditable active service.

9.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the National Defense Service Medal, Vietnam Service Medal, Purple Heart, Republic of Vietnam Campaign Medal with Device (1960), Expert Marksmanship Qualification Badge with Rifle (M-14) Bar, and the Sharpshooter Marksmanship Qualification Badge with Rifle (M-16) Bar.  No Bronze Star Medals are shown.

10.  General Orders Number 13416, published by Headquarters, 101st Airborne Division, dated 7 November 1970, awarded the applicant the Bronze Star Medal for meritorious service in connection with ground operations against a hostile force during the period 1 February 1970 to 31 October 1970.

11.  General Orders Number 114296, published by the same headquarters, dated 6 December 1970, awarded the applicant the Bronze Star Medal for meritorious service in connection with ground operations against a hostile force during the period 1 March 1970 to 30 November 1970.

12.  Army Regulation 600-8-22 (Military Awards), provides in pertinent part, that only one decoration will be awarded to an individual for the same act, achievement, or period of meritorious service.  Continuation of the same or similar type service already recognized by an award for meritorious service or achievement will not be made a basis for a second award. 

13.  Item 38 (Record of Assignments) of the applicant's DA Form 20 (Enlisted Qualification Record) shows that he received "excellent" conduct and efficiency ratings through his tenure of service.  The applicant’s records do not contain any evidence of disciplinary action.  There is no evidence showing that the commander took any action to deny him the first award of the Army Good Conduct Medal.

14.  Army Regulation 672-5-1 (Awards), in effect at the time, provided that the Army Good Conduct Medal was awarded to enlisted Soldiers who had 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 school efficiency ratings based upon academic proficiency of at least "good" rendered subsequent to 22 November 1955 are not disqualifying.

15.  Appendix B of Army Regulation 600-8-22 shows that based on the applicant's dates of service in the Republic of Vietnam, he participated in the following five campaign periods:  the Vietnam Counteroffensive, Phase VI 
(2 November 1968 – 22 February 1969); Tet 69 Counteroffensive, 1969 
(23 February 1969 – 8 June 1969); Vietnam Winter-Spring 1970 (1 November 1969 – 30 April 1970); Sanctuary Counteroffensive (1 May 1970 – 30 June 1970); and the Vietnam Counteroffensive, Phase VII (1July 1970 – 30 June 1971).  This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.  A silver service star denotes participation in five campaigns.



16.  Department of the Army General Orders 8, dated 1974, announced award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for service in Vietnam to Headquarters, United States Army Vietnam and its subordinate units during the period 20 July 1965 to 28 March 1973.

17.  United States Army Vietnam (USARV) Regulation 672-1 (Military Awards) 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.  An oak leaf cluster is issued to denote award of second and succeeding awards of the Bronze Star Medal.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that he was awarded two Bronze Star Medals and that they should be entered on his DD Form 214.

2.  The available evidence shows that two general orders were published awarding the applicant the Bronze Star Medal for meritorious service during an overlapping period.  The periods of service (9 months) are essentially the same, with the latest order showing the start and finish dates to be one month later than the earlier order.  Neither order shows award of an Oak Leaf Cluster to signify a second award of the Bronze Star Medal.  In the absence of compelling evidence to the contrary, it appears the second set of orders is a duplicate award for the same service and therefore not authorized.  Therefore, the applicant's records should be corrected to show only one award of the Bronze Star Medal.

3.  The applicant’s records clearly show that he distinguished himself in the performance of his military service.  Therefore, it is presumed that his not receiving the first award of the Army Good Conduct Medal for his service was an oversight.  Accordingly, he should be awarded this medal.

4.  Records show the applicant participated in five campaign phases during his service in the Republic of Vietnam.  Therefore, he is eligible for award of a silver service star to be affixed to his already-awarded Vietnam Service Medal.

5.  The applicant's unit was cited in general orders for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  Therefore, his records should be corrected to show this foreign 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 item 24 of his DD Form 214 the Vietnam Service Medal;

	b.  awarding him the Army Good Conduct Medal (first award) for the period from 26 July 1968 to 26 February 1971; and

   c.  adding to item 24 of his DD Form 214 the Bronze Star Medal, Army Good Conduct Medal (first award), Vietnam Service Medal with one silver service star, 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 award of a second Bronze Star 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)                                         AR20090010139



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ABCMR Record of Proceedings (cont)                                         AR20090010139



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