IN THE CASE OF:	  

		BOARD DATE:	  10 December 2009

		DOCKET NUMBER:  AR20090012200 


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 reconsideration of his earlier request for the 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.

2.  The applicant states that he was awarded the Bronze Star Medal but he neither received the medal nor is it shown on his DD Form 214.

3.  The applicant provides a copy of General Orders Number 1572, issued by Headquarters, U.S. Army Support Command, Saigon, on 25 November 1969 awarding him the Bronze Star Medal, in support of his request.

CONSIDERATION OF EVIDENCE:

1.  Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the Army Board for Correction of Military Records (ABCMR) in Docket Number AR20080018483 on 16 April 2009.

2.  The applicant submitted a copy of General Orders Number 1572, dated
25 November 1969, which was not previously reviewed by the ABCMR; therefore, it is considered new evidence and as such warrants consideration by the Board.


3.  The applicant's record shows he was inducted into the Army of the United States and he entered active duty on 13 December 1967.  He completed basic combat and advanced individual training and was awarded military occupational specialty (MSO) 71N (Control and Movement Specialist).  He was honorably released from active duty in the rank/grade of sergeant (SGT)/E-5 on
26 November 1969 and he was transferred to the U.S. Army Reserve (USAR) Control Group (Annual Training) to complete his remaining Reserve obligation.

4.  The applicant’s record shows he served in the Republic of Vietnam from on or about 25 November 1968 to on or about 24 November 1969.  He was assigned to the 124th Transportation Company.

5.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of the applicant’s DD Form 214 shows he was awarded the National Defense Service Medal, Vietnam Service Medal, and the Vietnam Campaign Medal.  Item 24 does not show award of the Bronze Star Medal.

7.  General Orders Number 1572, dated 25 November 1969, show the applicant was awarded the Bronze Star Medal for meritorious service in connection with military operations against a hostile force from November 1968 to November 1969 in the Republic of Vietnam.

8.  A review of the applicant's records indicates his entitlement to additional awards that are not shown on his DD Form 214.

9.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows that the 124th Transportation Company was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation based on Department of the Army General Orders Number 8, dated 1974.

10.  Item 24 of the applicant's DD Form 214 shows he was awarded the Vietnam Service Medal.  Furthermore, Appendix B of Army Regulation 600-8-22 (Military Awards) shows that the applicant participated in the Vietnam Counteroffensive, Phase VI (2 November 1968 – 22 February 1069); TET 69 Counteroffensive,
(23 February 1969 – 8 June 1969); Vietnam Summer-Fall 1969 (9 June 1969 – 31 October 1969); and the Vietnam Winter-Spring 1970 (1 November 1969 – 
0 April 1970) campaigns during his tour of duty in the Republic of Vietnam.  This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.


11.  Item 38 (Record of Assignments) of the applicant’s DA Form 20 (Enlisted Qualification Record) shows he received "excellent" conduct and efficiency ratings throughout his military service.  However, a review of the applicant's service record shows he accepted nonjudicial punishment (NJP) under the provisions of Article 15 of the Uniform Code of Military Justice while at Fort Benning, GA, for operating a vehicle while drunk.  His punishment consisted of a forfeiture of $50.00 pay.

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 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.

DISCUSSION AND CONCLUSIONS:

1.  General Orders awarded the applicant the Bronze Star Medal for meritorious service in connection with military operations against a hostile force from November 1968 to November 1969 in the Republic of Vietnam which is not shown on his DD Form 214.  Therefore, he is entitled to correction of his DD Form 214 to show this award.

2.  The evidence of record shows the applicant was awarded the Vietnam Service Medal.  Additionally, records show the applicant participated in four campaigns while serving in the Republic of Vietnam.  Therefore, he is entitled to four bronze service stars to be affixed to his already-awarded Vietnam Service Medal.

3.  General orders awarded the applicant’s unit of assignment the Republic of Vietnam Gallantry Cross with Palm Unit Citation which is not shown on his records.  Therefore, he is entitled to correction of his records to show this unit award.

4.  The evidence of record confirms that the applicant served honorably during the period 13 December 1967 through 26 November 1969.  His record contains derogatory information on file in the form of a single NJP offense while at Fort Benning, GA.  Nevertheless, he served in the Republic of Vietnam, he received 
"excellent" conduct and efficiency ratings throughout his military service, and he attained the rank/grade of SGT/E-5.  It would be appropriate to award the applicant the first award of the Army Good Conduct Medal based on completion of qualifying service ending with the termination of a period of active Federal military service.  Therefore, he is entitled to correction of his records to show this award.

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 amendment of the ABCMR’s decision in Docket Number AR20080018483 on 17 April 2009.  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 (1st Award) for exemplary behavior, efficiency, and fidelity for the period 13 December 1967 through
26 November 1969; and

	c.  adding to item 24 of his DD Form 214 the Bronze Star Medal, Army Good Conduct Medal (1st Award), Vietnam Service Medal with four bronze service stars, 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)                                         AR20090012200



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ABCMR Record of Proceedings (cont)                                         AR20090012200



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