IN THE CASE OF:	

		BOARD DATE:	  14 January 2010

		DOCKET NUMBER:  AR20090012888 


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 records to show award of the Bronze Star Medal.

2.  The applicant states, in effect, he was awarded the Bronze Star Medal while serving in the Republic of Vietnam (RVN); however, the award was not recorded on his separation document.

3.  The applicant provides, in support of his application, a copy of his DD Form 4980-5 (The Bronze Star Medal Certificate) and DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).

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 enlisted and entered active duty in the Regular Army for a period of 3 years on 19 June 1967.  Upon completion of training he was awarded military occupational specialty (MOS) 11C (Infantry Indirect Fire Crewman).

3.  The applicant's DA Form 20 (Enlisted Qualification Record) shows in:

   a.  item 28 (Specialized Training), in pertinent part, he completed the 3-week Basic Airborne course on 1 December 1967;

   b.  item 29 (Qualification in Arms), in pertinent part, he qualified Marksman with the M-14 rifle on 2 August 1967, Marksman with the .45 caliber pistol on 10 September 1967, and Expert with the M-16 rifle on 27 September 1967;

	c.  item 31 (Foreign Service) that he served in the RVN from 20 December 1967 through 17 July 1969;

	d.  item 38 (Record of Assignments) that he was assigned to:

		(1)  Company A, 1st Battalion (Airborne), 501st Infantry, from 22 December 1967 to 8 February 1968; and

		(2)  Headquarters and Headquarters Company, 2nd Brigade, 101st Airborne Division, from 9 February 1968 to 11 July 1969;

	e.  item 39 (Campaigns) that he served in the RVN during the Vietnam Counteroffensive Phase III, Tet Counteroffensive, Vietnam Counteroffensive Phase IV, Vietnam Counteroffensive Phase V, Vietnam Counteroffensive Phase VI, Tet 1969 Counteroffensive, and an [as then] unnamed campaign;

	f.  item 40 (Wounds) shows he sustained a gunshot wound to his right lumbar region and a fragment wound to his right hip on 9 February 1968; and

	g.  item 41 (Awards and Decorations) shows the National Defense Service Medal, three overseas service bars, Parachutist Badge, Vietnam Service Medal, Purple Heart, Republic of Vietnam Campaign Medal [with a duplicate entry for this award], Army Commendation Medal, and Combat Infantryman Badge.  This item also shows the authority for award of the Parachutist Badge was Headquarters, Training Support Brigade, Fort Benning, Georgia, Special Orders Number 293, dated 29 November 1967, and that the badge was issued to the applicant.  In addition, it shows the authority for the Combat Infantryman Badge was Headquarters, 101st Airborne Division, Special Orders Number 155, dated 3 June 1968.

	h.  Item 42 (Remarks) does not contain any disqualifying comments.

4.  There are no orders or other evidence in the applicant's military personnel records that shows he was awarded the Bronze Star Medal.

5.  Review of the Awards and Decorations Computer-Assisted Retrieval System, an index of general orders issued during the Vietnam era between 1965 and 1973 maintained by the Military Awards Branch of the United States Army Human Resources Command, failed to reveal any orders showing the applicant was awarded the Bronze Star Medal.

6.  The applicant's DD Form 214 shows he was honorably released from active duty on 18 June 1970 and transferred to the U.S. Army Reserve Control Group (Reinforcement) to complete his Reserve obligation.  At the time he had completed 3 years of net active service and 1 year, 6 months, and 28 days of foreign service.  This document also shows in:

	a.  item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) the National Defense Service Medal, Vietnam Service Medal, Purple Heart, Republic of Vietnam Campaign Medal, Army Commendation Medal, and Combat Infantryman Badge; and in

	b.  item 25 (Education and Training Completed), in pertinent part, Basic Airborne.

7.  In support of his application, the applicant provides a copy of a DD Form 4980-5 that shows he was awarded the Bronze Star Medal for meritorious achievement in ground operations against hostile forces in the RVN during the period 1 January 1968 to 31 August 1968.  This document also shows that it was signed by Major General Melvin Z____, Commanding General, 101st Airborne Division, RVN, on 13 November 1968.

8.  The applicant may be authorized additional awards that are not shown on his DD Form 214.

9.  Headquarters, 101st Airborne Division, General Orders Number 10965, dated 20 December 1968, show the applicant was awarded the Air Medal for meritorious achievement while participating in aerial flight in the RVN on 1 February 1968.

10.  There is no evidence the applicant received the first award of the Army Good Conduct Medal.  With the exception of his time in basic training when he received "good" conduct and efficiency ratings, the applicant's records show he received "excellent" conduct and efficiency ratings throughout his remaining period of military service.  In addition, there is no evidence that the applicant's commander denied him award of the Army Good Conduct Medal.

	a.  Headquarters, 2nd Battalion (Airborne), 505th Infantry, Fort Bragg, North Carolina, letter, dated 18 February 1970, subject:  Recommended List for Promotion of Enlisted Personnel for the Month of February 1970, shows the applicant was recommended for promotion to sergeant (E-5) in MOS 11C4P.

	b.  A DA Form 2496 (Disposition Form), dated 11 February 1970, subject:  Recommendation for Promotion, and DA Form 3355-R (Promotion Worksheet) show the applicant's primary MOS code was 11C2P, that he completed the 
3-week Basic Airborne course on 1 December 1967, and that he was awarded the Parachutist Badge.

11.  Headquarters, U.S. Army Training Center and Fort Leonard Wood, Fort Leonard Wood, Missouri, Special Orders Number 216, dated 4 August 1967, show the applicant was awarded the Marksman Marksmanship Qualification Badge with (M-14) Rifle Bar.

12.  Headquarters, 3rd Training Brigade (Infantry), U.S. Army Training Center, Fort Gordon, Georgia, Special Orders Number 145, dated 12 September 1967, show the applicant was awarded the Marksman Marksmanship Qualification Badge with (.45 caliber) Pistol Bar.

13.  Headquarters, 3rd Training Brigade (Infantry), U.S. Army Training Center, Fort Gordon, Georgia, Special Orders Number 158, dated 29 September 1967, show the applicant was awarded the Expert Marksmanship Qualification Badge with (.81 millimeter) Mortar Bar.

14.  Appendix B of Army Regulation 600-8-22 (Military Awards) lists campaigns for Vietnam.  This document shows that the applicant served in the RVN during the following seven campaigns:  Vietnam Counteroffensive Phase III (1 June 1967-29 January 1968), Tet Counteroffensive (30 January 1968-1 April 1968), Vietnam Counteroffensive Phase IV (2 April 1968-30 June 1968), Vietnam Counteroffensive Phase V (1 July 1968-1 November 1968), Vietnam Counteroffensive Phase VI (2 November 1968-22 February 1969), Tet 69 Counteroffensive 1969 (23 February 1969-8 June 1969), and Vietnam Summer-Fall 1969 (9 June 1969-31 October 1969).  This regulation also provides, in pertinent part, for 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.  It further provides that a silver service star may be worn on the service medal in lieu of five bronze service stars.

15.  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 document shows that at the time of the applicant's assignment to Headquarters and Headquarters Company, 2nd Brigade, 101st Airborne Division, the unit was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation by Headquarters, Department of the Army General Orders Number 21 (1969).  This document also shows that at the time of his assignment, the unit was awarded the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation by Headquarters, Department of the Army, General Orders Number 48 (1971).

16.  U.S. Army Vietnam Regulation 672-1 (Decorations and 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.

17.  Army Regulation 672-5-1 (Military Awards), in effect at the time, provides that the Army Good Conduct Medal is awarded to individuals who have completed a qualifying 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, with the exception of ratings of "unknown" for portions of the period under consideration and service school efficiency ratings of at least "good", and no convictions by a court-martial.  The lack of official disqualifying comment by previous commanders qualifies the use of such periods toward the award by the current commander and/or approving authority.

18.  Army Regulation 600-8-22, in pertinent part, sets forth requirements for award of the basic Parachutist Badge.  Award of the basic Parachutist Badge requires that an individual must have satisfactorily completed the prescribed proficiency tests while assigned or attached to an airborne unit or the Airborne Department of the Infantry School, or have participated in at least one combat parachute jump.


DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 should be corrected to show award of the Bronze Star Medal because he received the award, but his records were not updated to show the award.

2.  The evidence of record shows that the Commanding General, 101st Airborne Division, authenticated a DD Form 4980-5 that shows the applicant was awarded the Bronze Star Medal for meritorious achievement in ground operations against hostile forces in the RVN during the period 1 January 1968 to 31 August 1968.  Notwithstanding the non-availability of general orders, the evidence of record shows the applicant served nearly 19 months in the RVN during seven campaigns.  Moreover, he was awarded the Combat Infantryman Badge on 3 June 1968.  Thus, based on the available evidence in this case, it is accepted that the applicant was awarded Bronze Star Medal for meritorious achievement during the period 1 January 1968 to 31 August 1968.  Therefore, it would be appropriate to correct his DD Form 214 to show this award.

3.  General orders awarded the applicant the Air Medal.  Therefore, it would be appropriate to correct his DD Form 214 to show this award.

4.  Notwithstanding the brief period of service when the applicant received "good" conduct and efficiency ratings during basic training, the evidence of record shows the applicant received "excellent" conduct and efficiency ratings throughout the remainder of his military service.  In addition, the applicant's records reflect his meritorious achievement during his service in the RVN and that he was recommended for promotion to sergeant (E-5) upon his return to the United States.  Moreover, the applicant's records do not contain disqualifying comments by any of his unit commanders.  Thus, the overwhelming evidence of record shows the applicant served a qualifying period of active duty enlisted service for award of the Army Good Conduct Medal from 19 June 1967 to 18 June 1970.  Therefore, it would be appropriate to approve this award and show it on his DD Form 214.

5.  The applicant qualified for award of the Vietnam Service Medal and he served in seven campaigns during his service in the RVN.  Therefore, it would be appropriate to correct his DD Form 214 to show award of one silver service star and two bronze service stars to be affixed on his already-awarded Vietnam Service Medal.

6.  The evidence of record shows the applicant completed Basic Airborne training and that special orders awarded him the Parachutist Badge.  Therefore, it would be appropriate to correct his DD Form 214 to show this badge.
7.  Special orders awarded the applicant the Expert Marksmanship Qualification Badge with (.81 millimeter) Mortar Bar.  Therefore, it would be appropriate to correct his DD Form 214 to show this badge and the component bar.

8.  Special orders awarded the applicant the Marksman Marksmanship Qualification Badge with (M-14) Rifle Bar and (.45 caliber) Pistol Bar.  Therefore, it would be appropriate to correct his DD Form 214 to show this badge and the component bars.

9.  General orders awarded the applicant's unit the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  Therefore, it would be appropriate to correct his DD Form 214 to show this foreign unit award.

10.  General orders awarded the applicant's unit the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.  Therefore, it would be appropriate to correct his DD Form 214 to show this foreign 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 Army Good Conduct Medal for exemplary conduct, efficiency, and fidelity for the period 19 June 1967 to 18 June 1970;

   b.  deleting from item 24 of his DD Form 214 the Vietnam Service Medal; and


   c.  adding to item 24 of his DD Form 214 the Bronze Star Medal, Air Medal, Army Good Conduct Medal, Vietnam Service Medal with one silver service star and two bronze service stars, Parachutist Badge, Expert Marksmanship Qualification Badge with Mortar Bar, Marksman Marksmanship Qualification Badge with Rifle and Pistol Bars, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and Republic of Vietnam Civil Actions Honor Medal First Class 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)                                         AR20090012888



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ABCMR Record of Proceedings (cont)                                         AR20090012888



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