IN THE CASE OF:	

		BOARD DATE:	  14 January 2010

		DOCKET NUMBER:  AR20090012890 


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 his DD Form 214 (Report of Transfer or Discharge) to show two additional awards of the Air Medal and three awards of the Bronze Star Medal.  

2.  The applicant states, in effect, that he received two awards (second and third awards) of the Air Medal on 4 August 1970 and he received two awards (First Oak Leaf Cluster and Second Oak Leaf Cluster) of the Bronze Star Medal on 
20 August 1970.  He contends that his records do not show these medals.

3.  The applicant provides a citation and an award certificate for the Air Medal (Second and Third Awards) and citations and award certificates for the Bronze Star Medal (First Oak Leaf Cluster) and the Bronze Star Medal (Second Oak Leaf Cluster) 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 17 March 1969.  He arrived in Vietnam on 15 August 1969.  He served as a light weapons infantryman assigned to Company E, 5th Battalion of the 60th Infantry in Vietnam from 24 August 1969 through 5 September 1969.  He was assigned to Company B, 5th Battalion of the 60th Infantry in Vietnam from 6 September 1969 through 14 August 1970.  On 16 March 1971, the applicant was released from active duty in the rank of sergeant after completing 2 years 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 Republic of Vietnam Campaign Medal with Device (1960), the Combat Infantryman Badge, the Army Commendation Medal, the Air Medal, and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar as authorized awards.

4.  Headquarters, II Field Force Vietnam General Orders Number 321, dated 
31 January 1970, show the applicant received the Air Medal for the period 
14 August 1969 to 20 December 1969

5.  Headquarters, II Field Force Vietnam General Orders Number 3170, dated 
5 August 1970, show the applicant received the Air Medal (Second and Third Awards) for the period 23 December 1969 to 15 April 1970.

6.  Headquarters, II Field Force Vietnam General Orders Number 3328, dated 
18 August 1970, show the applicant received the Bronze Star Medal for meritorious achievement for the period 15 August 1969 to 15 December 1969.

7.  Headquarters, II Field Force Vietnam General Orders Number 3229, dated 
18 August 1970, show the applicant received the Bronze Star Medal (First Oak Leaf Cluster) for meritorious achievement for the period 16 December 1969 to 
14 August 1970.

8.  Headquarters, II Field Force Vietnam General Orders Number 3321, dated 
18 August 1970, show the applicant received the Bronze Star Medal (Second Oak Leaf Cluster) for meritorious service for the period August 1969 to August 1970.

9.  Records show the applicant participated in four campaigns during his assignment in Vietnam. 
10.  There is no evidence the applicant received the first award of the Good Conduct Medal.  There also is no evidence the applicant was disqualified by his chain of command from receiving the Good Conduct Medal.  His records show he received conduct and efficiency ratings of "excellent" throughout his service.

11.  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 5th Battalion, 60th Infantry was awarded the Valorous Unit Award for actions during the period 1 May 1970 to 29 June 1970 based on Department of the Army General Orders (DAGO) Number 43, dated 1972.

12.  Department of the Army Pamphlet 672-3 shows the 5th Battalion, 60th Infantry at the time of the applicant's assignment was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation based on DAGO Number 55, dated 1971.  

13. Department of the Army Pamphlet 672-3 also shows the 5th Battalion, 60th Infantry at the time of the applicant's assignment was awarded the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation based on DAGO Number 55, dated 1971.  

14.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that Arabic numerals are now used instead of oak leaf clusters for the second and succeeding awards of the Air Medal.  The numeral 2 denotes the second award of the Air Medal.

15.  Army Regulation 672-5-1, 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 except that a service school efficiency rating based upon academic proficiency of at least "good" rendered subsequent to 22 November 1955 was not disqualifying.  However, there was no right or entitlement to the medal until the immediate commander made a positive recommendation for its award and until the awarding authority announced the award in general orders.

16.  Army Regulation 600-8-22, 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.  The applicant's DD Form 214 shows one award of the Air Medal.  However, orders show he received three awards of the Air Medal.  Therefore, his DD Form 214 should be corrected to show the Air Medal with Numeral 3. 

2.  Orders show the applicant received three awards of the Bronze Star Medal.  Therefore, his DD Form 214 should be corrected to show the Bronze Star Medal with Second Oak Leaf Cluster.  

3.  The applicant was separated in the rank of sergeant with 2 years of creditable active service with no time lost.  It appears the applicant met the eligibility criteria for the first award of the Good Conduct Medal for the period 17 March 1969 through 16 March 1971 based on completion of a period of qualifying service ending with the termination of a period of Federal military service.  Therefore, his records should be corrected to show this award.

4.  The applicant participated in four campaigns during his assignment in Vietnam which entitles him to award of the Vietnam Service Medal with four bronze service stars.  Therefore, his DD Form 214 should be corrected to show this award.

5.  The applicant's unit was awarded the Valorous Unit Award, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation while he was assigned to it.  Therefore, his DD Form 214 should be corrected to show these unit citations.

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 Good Conduct Medal for the period 
17 March 1969 thorough 16 March 1971; 

	b.  deleting the entry "Air Medal" on his DD Form 214; and 
 
	c.  adding the Good Conduct Medal, the Air Medal with Numeral 3, the Bronze Star Medal with Second Oak Leaf Cluster, the Valorous Unit Award, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, and four bronze service stars for wear on his already-awarded Vietnam Service Medal on 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)                                         AR20090012890





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ABCMR Record of Proceedings (cont)                                         AR20090012890



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