IN THE CASE OF:	  

		BOARD DATE:	    20 January 2010

		DOCKET NUMBER:  AR20090014159 


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 (Armed Forces of the United States Report of Transfer or Discharge) to show two awards of the Bronze Star Medal, both with “V” Device, and all the Vietnam awards to which he is entitled.  

2.  The applicant states that his DD Form 214 should show two awards of the Bronze Star Medal, both with “V” Device, and all Vietnam awards.  He states that his combat-related claim was denied.  

3.  The applicant provides a copy of his DD Form 214 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 28 March 1968.  He completed infantry training and his highest grade attained was specialist four, E-4.  He was assigned to Vietnam on 5 September 1968 with Company B, 1st Battalion, 8th Cavalry, 1st Cavalry Division.

3.  Headquarters, 101st Airborne Division, General Orders Number 8648, dated 10 July 1969, shows the applicant was awarded the Bronze Star Medal for meritorious service from 1 October 1968 to 31 May 1969 in the Republic of Vietnam.  

4.  There is no evidence of record which shows the applicant was recommended for or awarded the Bronze Star Medal with “V” Device.

5.  The applicant departed Vietnam on 1 September 1969.  He was credited with participation in Vietnam Counteroffensive Phase V, Vietnam Counteroffensive Phase VI, Tet Counteroffensive 1969, and Vietnam Summer-Fall 1969 campaigns.  

6.  Item 41 (Awards and Decorations) on his DA Form 20 (Enlisted Qualification Record) does not list any awards of the Bronze Star Medal with “V” Device.    

7.  The applicant was honorably released from active duty on 27 March 1970 in the rank of specialist four.  At the time of his discharge, he had completed 2 years of active military service and he had no lost time.  His DA Form 20 shows he received conduct and efficiency ratings of "excellent" throughout his service.  There is no record of disciplinary actions.  

8.  His DD Form 214 shows he was awarded the National Defense Service Medal, the Vietnam Service Medal with two bronze service stars, the Republic of Vietnam Campaign Medal, the Bronze Star Medal, and the Army Commendation Medal.  

9.  Review of the Awards and Decorations Computer-Assisted Retrieval System (ADCARS), 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 for the Bronze Star Medal with “V” Device pertaining to the applicant.  

10.  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 the unit to which the applicant was assigned was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 19 July 1968 to 14 May 1969 by Department of the Army General Order Number 43, dated 1970.

11.  Army Regulation 600-8-22 (Military Awards 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.  

12.  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.

DISCUSSION AND CONCLUSIONS:

1.  General orders show the applicant was awarded the Bronze Star Medal and this decoration is properly recorded on his DD Form 214.  However, there are no orders, certificate, or any other evidence available which indicate he was awarded a second Bronze Star Medal or that he was ever awarded the Bronze Star Medal for valor.  Regrettably, there is insufficient evidence on which to base correction of his records to show a second award of the Bronze Star Medal or to show that he was awarded the Bronze Star with “V” Device.

2.  The applicant was assigned to a unit during a period the unit was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  Therefore, this foreign unit award should be added to his DD Form 214.

3.  The applicant’s records show he received conduct and efficiency ratings of "excellent" throughout his service and he was promoted to specialist four during this period.  It appears he has met the regulatory requirements for the first award of the Army Good Conduct Medal for a qualifying period of service from 
28 March 1968 through 27 March 1970.  

4.  The applicant’s DD Form 214 currently reflects the Vietnam Service Medal with two bronze service stars.  However, he received credit for participation in four campaigns during the Vietnam War.  Therefore, his DD Form 214 should be amended to reflect four bronze service stars for wear 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 first award of the Army Good Conduct Medal for the period 28 March 1968 through 27 March 1970; and 

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

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 two awards of the Bronze Star Medal for valor.



      _______ _   _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)                                         AR20090014159



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ABCMR Record of Proceedings (cont)                                         AR20090014159



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