IN THE CASE OF:	  

		BOARD DATE:	  10 December 2009

		DOCKET NUMBER:  AR20090012013 


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, correction of item 24 (Decorations, Meals Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) by adding the Bronze Star Medal (BSM) with “V” (Valor) Device and Republic of Vietnam Campaign Medal (RVNCM) with Device (1960).
 
2.  The applicant states, in effect, at the current time, the awards in question are listed incorrectly or are omitted from item 24 of his DD Form 214.

3.  The applicant provides a National Personnel Records Center (NPRC) letter, dated 1 July 2009, 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 11 June 1969.  He was trained in and awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman), and specialist four (SP4)/E-4 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 Republic of Vietnam (RVN) from 13 December 1969 through 8 July 1970.  Item 38 (Record of Assignments) shows that during his RVN tour, he was assigned to Company A and Company C, 2nd Battalion, 27th Infantry Regiment,
performing duties in MOS 11B as a rifleman.  Item 41 (Awards and Decorations) shows he earned the National Defense Service Medal (NDSM), Vietnam Service Medal (VSM), BSM with "V" Device, Expert Marksmanship Qualification Badge with Rifle (M-16) Bar, and the Sharpshooter Marksmanship Qualification Badge with Rifle (M-14) Bar.

4.  Item 38 of the applicant’s DA Form 20 also shows he received “excellent” conduct and efficiency ratings at all of his active duty assignments, and his Official Military Personnel File (OMPF) is void of any derogatory information or a unit commander disqualification that would have precluded him from receiving the Army Good Conduct Medal (AGCM).

5.  The applicant's OMPF contains Headquarters, 25th Infantry Division, General Orders (GO) Number 4824, dated 1 May 1970, which awarded him the BSM with "V" Device for heroism in connection with military operations against a hostile force in the RVN on 2 April 1970.

6.  On 15 June 1971, the applicant was honorably released from active duty (REFRAD) after completing a total of 2 years of active military service.  Item 24 of the DD Form 214 he was issued at the time shows he earned the following awards during his active duty tenure:  NDSM, VSM, "BSM with Device (1960)," Sharpshooter Marksmanship Qualification Badge with Rifle (M-14) Bar, and Expert Marksmanship Qualification Badge with Rifle (M-16) Bar.

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).  It states, in pertinent part, that it is awarded for completion of six months of service in the RVN during the period between 
1 March 1961 to 28 March 1973.  It further stipulates 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 (2nd Battalion, 27th Infantry Regiment) was awarded the RVN Gallantry Cross with Palm Unit Citation by Department
Department of the Army General Order (DAGO) Number 5 in 1973 and the RVN Civil Actions Honor Medal First Class Unit Citation by DAGO Number 51 in 1971. It also shows that during this period, participation credit was granted for the Vietnam Winter-Spring (1 November 1969 through 30 April 1970), Sanctuary Counteroffensive (1 May 1970 through 30 June 1970), and Vietnam Counteroffensive Phase VII (1 July 1970 through 30 June 1971) campaigns.

10.  Army Regulation 672-5-1 (Awards and Decorations), in effect at the time, provided that the AGCM was awarded to individuals who completed a qualifying period of active duty enlisted service.  This period was 3 years except in those cases when the period for the first award ended with the termination of a period of active 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.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that his DD Form 214 should be corrected to shows his award of the BSM with "V" Device and the RVNCM with Device (1960) was carefully considered and found to have merit.

2.  The evidence of record confirms the applicant was awarded the BSM with "V" Device for his heroism on 2 April 1970, 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.

3.  The applicant's record also confirms that he received "excellent" conduct and efficiency ratings at all of his active duty assignments and his record is void of derogatory information or 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 duty service from 11 June 1969 through 15 June 1971.

4.  The evidence of record further confirms that based on his RVN service and campaign participation, the applicant is also entitled to the RVNCM with Device (1960), RVN Gallantry Cross with Palm Unit Citation, RVN Civil Actions Honor Medal First Class Unit Citation, and 3 bronze service stars for wear on his already awarded VSM.  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.  deleting from item 24 of his DD Form 214 the Bronze Star Medal with Device (1960) and the Vietnam Service Medal;

   b.  awarding him the Army Good Conduct Medal (1st award) for his qualifying period of honorable active duty service from 11 June 1969 through 15 June 1971;

	c.  adding to item 24 of his DD Form 214 the Bronze Star Medal with "V" Device, Army Good Conduct Medal (1st award), Vietnam Service Medal with
3 bronze service stars, Republic of Vietnam Campaign Medal with Device (1960), Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, and the Republic of Vietnam Gallantry Cross with Palm Unit Citation; and

	d.  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)                                         AR20090012013



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ABCMR Record of Proceedings (cont)                                         AR20090012013



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