IN THE CASE OF:	

		BOARD DATE:	  21 January 2010

		DOCKET NUMBER:  AR20090012886 


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 (Report of Transfer or Discharge) to show award of the Bronze Star Medal.

2.  The applicant states that he was discharged on 11 May 1971 and he subsequently received a letter from the Department of the Army awarding him the Bronze Star Medal.  He contends that he assumed his records and discharge document would be corrected to reflect this medal.

3.  The applicant provides copies of a letter, dated 23 August 1971, from the U.S. Army Reserve Components Personnel and Administration Center, St. Louis, Missouri; a letter, dated 25 June 2009, from the National Personnel Records Center, St. Louis, Missouri; his DD Form 214; and orders, certificate, and citation for the Bronze Star Medal 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 20 August 1969.  He arrived in Vietnam on 19 June 1970.  He served as an supply clerk assigned to Headquarters and Headquarters Battery, 7th Battalion, 11th Artillery, 25th Infantry Division, in Vietnam from 28 June 1970 through 11 November 1970.  He was assigned to Battery C, 6th Battalion, 11th Artillery, in Vietnam from 15 November 1970 through 10 May 1971 as a cannoneer.  On 11 May 1971, the applicant was released from active duty in the rank of specialist four after completing 1 year, 8 months, and 22 days of creditable active service with no time lost.

3.  The applicant's DD Form 214 shows the National Defense Service Medal, the Vietnam Service Medal, the Army Commendation Medal, the Republic of Vietnam Campaign Medal with Device (1960), one overseas service bar, and the Sharpshooter Marksmanship Qualification Badge with Rifle Bars (M-16 and 
M-14) as authorized awards.

4.  Headquarters, 23d Infantry Division, General Orders Number 06102, dated 30 May 1971, show the applicant received the Bronze Star Medal for meritorious service during the period July 1970 to May 1971.

5.  There is no evidence the applicant received the first award of the Army Good Conduct Medal.  There also is no evidence the applicant was disqualified by his chain of command from receiving the Army Good Conduct Medal.  His records show he received conduct and efficiency ratings of "excellent" throughout his service.

6.  Records show the applicant participated in two campaigns during his assignment in Vietnam.

7.  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 publication shows the 7th Battalion, 11th Artillery, was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation based on Department of the Army General Orders Number 5, dated 1973.

8.  Army Regulation 672-5-1 (Military Awards), in effect at the time, provided policy and criteria concerning individual military decorations.  It stated that the Army Good Conduct Medal was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940 and, for the first award only, upon termination of service on or after 27 June 1950 of less than 3 years but more than 1 year.  At the time, a Soldier's conduct and efficiency ratings must have been rated as "excellent" for the entire period of qualifying service.

9.  Army Regulation 600-8-22 (Military Awards), in pertinent part, authorizes award of a bronze service star based on qualifying service for each campaign listed in appendix B of this regulation and states that authorized bronze service stars will be worn on the appropriate service medal, including the Vietnam Service Medal.

DISCUSSION AND CONCLUSIONS:

1.  Orders show the applicant received the Bronze Star Medal.  Therefore, his DD Form 214 should be corrected to show this medal.

2.  The applicant was separated in the rank of specialist four with 1 year, 8 months, and 22 days of creditable active service with no time lost.  It appears the applicant met the eligibility criteria for the first award of the Army Good Conduct Medal for the period 20 August 1969 through 11 May 1971 based on completion of a period of qualifying service ending with the termination of a period of Federal military service.  Therefore, his DD Form 214 should be corrected to show this award.

3.  The applicant participated in two campaigns during his assignment in Vietnam which entitles him to award of the Vietnam Service Medal with two bronze service stars.

4.  The applicant's unit was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation while he was assigned to it.  Therefore, his DD Form 214 should be corrected to show this unit 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 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 first award of the Army Good Conduct Medal for the period 20 August 1969 through 11 May 1971 and

	b.  adding the Army Good Conduct Medal, the Bronze Star Medal, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and two bronze service stars for wear on his already-awarded Vietnam Service Medal to his DD Form 214.



      ___________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)                                         AR20090012886



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ABCMR Record of Proceedings (cont)                                         AR20090012886



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