BOARD DATE:	  26 January 2010

		DOCKET NUMBER:  AR20090012153 


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 that his record be corrected to show the Bronze Star Medal with "V" Device. 

2.  The applicant states, in effect, that he received the Bronze Star Medal with "V" Device during his service in the Republic of Vietnam and he would like his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) corrected to show this award.
 
3.  The applicant provides a copy of his DD Form 214 with a separation date of 24 July 1969, a copy of award orders awarding him the Bronze Star Medal with "V" Device, and a copy of an award certificate 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 was inducted into the Army of the United States on 3 October 1967.  He successfully completed basic combat and advanced individual training and was awarded military occupational specialty 11B (Light Weapons Infantryman).  The highest rank he attained during this period of enlistment     was specialist (temporary)/pay grade E-4.

3.  The applicant's DA Form 20 (Enlisted Qualification Record) shows he served in the Republic of Vietnam from 13 April 1968 to 29 July 1968.  He was assigned to Company C, 1st Battalion, 22nd Infantry, 4th Infantry Division.  

4.  The applicant was retired and transferred to the Temporary Disability Retired List on 24 July 1969 as a result of wounds he received in action in the Republic of Vietnam on 28 June 1968.  He was issued a DD Form 214 that shows he served on active duty for 1 year, 9 months, and 22 days and his foreign service credit in the Republic of Vietnam was 3 months and 17 days. 

5.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 shows the following awards:  the Purple Heart, the National Defense Service Medal, the Vietnam Service Medal with two bronze service stars, the Republic of Vietnam Campaign Medal with 1960 Device, the Combat Infantryman Badge and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar.  

6.  Item 38 (Record of Assignments) of the applicant's DA Form 20 shows that he received "excellent" conduct and efficiency ratings throughout his tenure of service.  His military personnel records do not show any time lost, record of nonjudicial punishment under the provisions of Article 15 of the Uniform Code of Military Justice, or any records of conviction by court-martial.  There is also no record of a commander's disqualification for award of the Army Good Conduct Medal.

7.  Item 41 (Awards and Decorations) of the applicant's DA Form 20 does not show award of the Army Good Conduct Medal.

8.  A search of the applicant's official military personnel record shows that no award orders are filed in his record for the Bronze Star Medal with "V" Device or the Army Good Conduct Medal. 

9.  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 U.S. Army Human Resources Command, did not contain general orders awarding the applicant the Bronze Star Medal with "V" Device.
10.  In support of his application, the applicant submitted as evidence a copy of General Orders Number 5318, dated 4 October 1968, awarding him the Bronze Star Medal with "V" Device for combat actions on 28 June 1968 while serving with Company C, 1st Battalion, 22nd Infantry, 4th Infantry Division in the Republic of Vietnam.  He was cited for bravery in action, after sustaining wounds, by continuing to lay suppressing fire and repulsing the mass assault of enemy forces.  Headquarters, 4th Infantry Division, published this order.

11.  The applicant's records show that he is entitled to additional awards that he did not request and are not listed on his DD Form 214.

12.  Army Regulation 672-5-1 (Military Awards), in effect at the time, provided that the Army Good Conduct Medal was awarded to individuals who completed a qualified 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 Federal military service.  The enlisted person must have had all "excellent" conduct and efficiency ratings and no convictions by a court-martial.  

13.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in the Republic of Vietnam.  This document shows Department of the Army General Order (DAGO) Number 53, dated 1970, awarded the 1st Battalion, 22nd Infantry the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation and DAGO Number 54, dated 1974, awarded this unit the Republic of Vietnam Gallantry Cross with Palm Unit Citation while the applicant was assigned there.

DISCUSSION AND CONCLUSIONS:

1.  Orders announced award of the Bronze Star Medal with "V" Device.  Therefore, the applicant is entitled to have his DD Form 214 corrected to show this award. 

2.  The applicant's records show he received "excellent" conduct and efficiency ratings throughout his tenure of service.  There is no evidence showing a commander's disqualification.  Therefore, the applicant is entitled to the first award of the Army Good Conduct Medal based on completion of qualifying service from 3 October 1967 to 24 July 1969 ending with the termination of his first period of qualifying Federal military service.

3.  General orders announced award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation and the Republic of Vietnam Gallantry Cross with Palm Unit Citation to the 1st Battalion, 22nd Infantry during a period of time the applicant was assigned there.  Therefore, the applicant is entitled to have his record corrected to show these unit awards.

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 Army Good Conduct Medal for the period of service from 3 October 1967 to 24 July 1969; and

	b.  adding to his DD Form 214 the Bronze Star Medal with "V" Device, the Army Good Conduct Medal, the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, and the Republic of Vietnam Gallantry Cross with Palm Unit Citation.




      _______ _   _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)                                         AR20090012153





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ABCMR Record of Proceedings (cont)                                         AR20090012153



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