IN THE CASE OF:	

		BOARD DATE:	  28 January 2010

		DOCKET NUMBER:  AR20090013213 


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 the Bronze Star Medal and the Air Medal be entered on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) with an effective date of 22 July 1971.

2.  The applicant states he was awarded both of the medals but they were not put on his DD Form 214.

3.  The applicant provides, in support of his application, copies of his 
DD Form 214 and an article from the Walker County Messenger, Lafayette GA.

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's military personnel records show he was inducted into the Army of the United States on 28 July 1969.  He completed basic combat training and advanced individual training and was awarded the military occupational specialty of 13A (Field Artillery Basic).

3.  Headquarters, U.S. Army Training Center, Infantry, Fort Benning, GA Special Orders Number 208, dated 27 August 1969, awarded the applicant the Expert Marksmanship Qualification Badge with Grenade Bar.

4.  The applicant was assigned to 1st Battalion, 30th Artillery in the Republic of Vietnam during the period from 25 December 1969 to 15 November 1970.

5.  Headquarters, 1st Cavalry Division (Airmobile) General Orders Number 7359, dated 9 May 1970, awarded the applicant the Army Commendation Medal with "V" Device for heroism in connection with military operations against a hostile force in the Republic of Vietnam on 1 April 1970.

6.  Headquarters, 1st Cavalry Division (Airmobile) General Orders Number 16399, dated 5 September 1970, awarded the applicant the Air Medal for meritorious achievement while participating in aerial flight in the Republic of Vietnam during the period from December 1969 to August 1970.

7.  Headquarters, 1st Cavalry Division (Airmobile) General Orders Number 19816, dated 11 November 1970, awarded the applicant the Army Commendation Medal for meritorious service in connection with military operations against a hostile enemy force in the Republic of Vietnam during the period from December 1969 to December 1970.

8.  On April 1971, the applicant was promoted to sergeant/pay grade E-5.

9.  There are no orders in the applicant's military personnel records jacket (MPRJ) awarding him the Bronze Star Medal.

10.  Item 41 (Awards and Decorations) of the applicant's DA Form 20 (Enlisted Qualification Record) does not show he was awarded the Bronze Star Medal.

11.  On 22 July 1971, the applicant was released from active duty as an overseas returnee.  He had completed 1 year, 11 months, and 25 days of active service that was characterized as honorable.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant’s DD Form 214 does not show he was awarded the Bronze Star Medal or the Air Medal.  Item 24 does show he was awarded the Army Commendation Medal with "V" Device and that he is authorized the Vietnam Service Medal.

12.  The article, submitted by the applicant, from his hometown newspaper, reported that he was presented the Bronze Star Medal for "meritorious service in connection with military operations against hostile forces in Vietnam."

13.  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.  Records do not show indiscipline or lost time.  His records do not contain any adverse information and he received conduct and efficiency ratings of “excellent” throughout his service.

14.  Based on the applicant's dates of service in Vietnam, Table B-1 of Army Regulation 600-8-22 (Military Awards) shows he served in the Vietnam Winter - Spring 1970 Campaign (1 November 1969 - 30 April 1970); the DA Sanctuary Counteroffensive Campaign (1 May 1970 - 30 June 1970); and the Vietnam Counteroffensive Phase VII Campaign (1 July 1970 - 30 June 1971).

15.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists campaign participation credit, assault landing credit, and unit citation emblems awarded during the Vietnam Conflict.  This document shows that during the time of the applicant’s assignment to the 
1st Battalion, 30th Artillery the unit received the following unit awards:

	a.  the Valorous Unit Award for the period from 1 May - 29 June 1970, based on Department of the Army General Order (DAGO) Number 43, dated 1972;

	b.  two awards of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the periods from May 1969 - February 1970, based on DAGO Number 11, dated 1973 and from 21 February 1970 - 28 February 1971 based on DAGO Number 42, dated 1972; and 

	c.  the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 1 January 1969 - 1 February 1970, based on DAGO Number 42, dated 1972.

16.  Department of the Army Pamphlet 672-3 states, in pertinent part, that not more than one Republic of Vietnam Gallantry Cross with Palm Unit Citation will be worn by any individual.  However, although wear of multiple awards of this unit citation is not authorized, official military personnel and historical records will indicate all awards received.
17.  Army Regulation 672-5-1 (Military Awards), in effect at the time, provided that the Army Good Conduct Medal was awarded to individuals who had completed a qualified period of active duty enlisted service.  This period was each 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.  Ratings of "unknown" for portions of the period under consideration were not disqualifying.  Service school efficiency ratings based upon academic proficiency of at least "good" rendered subsequent to 
22 November 1955 were not disqualifying.

18.  Army Regulation 600-8-22 provides that the Bronze Star Medal is awarded in time of war for heroism and for meritorious achievement or service.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.  

19.  Army Regulation 600-8-22 authorizes award of a bronze service star based on qualifying service for each campaign listed in Appendix B of this regulation.  The regulation states that authorized bronze service stars will be worn on the appropriate campaign and service medal, which in this case is the Vietnam Service Medal.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends he was awarded the Bronze Star Medal and the Air Medal and that these medals should be included on his DD Form 214.

2.  Although the newspaper article submitted by the applicant reported that he received the Bronze Star Medal, there is no official documentation to corroborate the information in article.

3.  There are no orders for the award of the Bronze Star Medal in the applicant's MPRJ.  His DA Form 20 does not show he was awarded the Bronze Star Medal. Therefore, there is insufficient evidence to add this award to his DD Form 214.

4.  The applicant's records do not contain a denial for award of the Army Good Conduct Medal.  There is no record of indiscipline or lost time, he received conduct and efficiency ratings of "excellent" throughout his military service, and he was promoted to sergeant in less than 2 years.  Therefore, the preponderance of evidence shows the applicant is entitled to the first award of the Army Good Conduct Medal based on completion of qualifying service from 28 July 1969 to 22 July 1971 ending with the termination of a period of Federal military service.

5.  Orders in the applicant's MPRJ show he was awarded one Army Commendation Medal with "V" Device for heroism and one Army Commendation Medal for meritorious service.  Therefore, it is appropriate to amend item 24 of his DD Form 214 to show he was awarded the Army Commendation Medal with Oak Leaf Cluster and "V" Device.  

6.  Orders in the applicant's MPRJ show he was awarded the Air Medal and the Expert Marksmanship Qualification Badge with Grenade Bar.  Army Pamphlet 672-3 shows his unit received the Valorous Unit Award, two awards of the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.  Therefore, it is appropriate to include these awards on his DD Form 214.  

7.  The applicant's military personnel records show he participated in three campaigns during his service in Vietnam.  Therefore, he is entitled to three bronze service stars to be worn on his Vietnam Service Medal.  

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____X___  ___X___  ___X____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant a recommendation for partial 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 28 July 1969 to 22 July 1971; and

	b.  amending item 24 of his DD Form 214 to show he was awarded or is authorized the Air Medal, the Army Commendation Medal with First Oak Leaf Cluster and "V" Device, the Army Good Conduct Medal, the Valorous Unit Award, the Vietnam Service Medal with three bronze service stars, the Republic of Vietnam Gallantry Cross with Palm Unit Citation (two awards), the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, and the Expert Marksmanship Qualification Badge with Grenade Bar. 
2.  The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to the Bronze Star Medal.  




      _______ _   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)                                         AR20090013213



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ABCMR Record of Proceedings (cont)                                         AR20090013213



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