IN THE CASE OF:	  

		BOARD DATE:	  2 February 2010

		DOCKET NUMBER:  AR20090015523 


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 award of the Bronze Star Medal.

2.  The applicant states that the award is not listed on his DD Form 214.

3.  The applicant provides a copy of his DD Form 214, dated 7 June 1969; and a copy of Orders General Orders Number 4412, certificate, and citation, issued by Headquarters, Americal Division, on 27 May 1969, in support of his request.  

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 records show he was inducted into the Army of the United States and entered active duty on 31 October 196.  He was honorably discharged on 3 November 1966 for the purpose of immediate enlistment and executed a 3-year enlistment in the Regular Army on 4 November 1966.  He completed basic combat and advanced individual training and was awarded military occupational specialty 31M (Radio Relay and Carrier Operator). 

3.  The applicant’s records show he served in the Republic of Vietnam from on or about 2 June 1968 to on or about 6 June 1969.  He was assigned to Company B, 523rd Signal Battalion.

4.  He was honorably released from active duty in the rank/grade of sergeant (SGT)/E-5 on 7 June 1969 and transferred to the U.S. Army Reserve Control Group (Reinforcement) to complete his remaining Reserve obligation.  

5.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant’s DD Form 214 shows he was awarded the National Defense Service Medal, the Expert Marksmanship Qualification Badge with Rifle Bar (M-14), the Vietnam Campaign Medal, the Vietnam Service Medal, and two overseas service bars.  

6.  Headquarters, Americal Division, General Orders Number 4412, dated 27 May 1969, show the applicant was awarded the Bronze Star Medal for meritorious service in connection with military operations against a hostile force in the Republic of Vietnam from June 1968 to June 1969.

7.  A review of the applicant's records indicates his entitlement to additional awards that are not shown on his DD Form 214.

8.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows the 523rd Signal Battalion was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation based on Department of the Army General Orders Number 8, dated 1974.

9.  Item 24 of the applicant's DD Form 214 shows he was awarded the Vietnam Service Medal.  Furthermore, Appendix B of Army Regulation 600-8-22 shows that the applicant participated in the 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), and TET Counteroffensive (23 February 1969 – 8 June 1969), campaigns during his tour of duty in the Republic of Vietnam.  This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.

10.  Item 38 (Record of Assignments) of the applicant's DA Form 20 (Enlisted Qualification Record) shows he received "excellent" conduct and efficiency ratings throughout his military service.  Furthermore, the applicant's records contain no derogatory information that would have disqualified him from being awarded the Good Conduct Medal.

11.  Army Regulation 672-5-1, in effect at the time, provides that the Good Conduct Medal is awarded to individuals who have completed a qualified 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 and no convictions by a court-martial.  Ratings of "Unknown" for portions of the period under consideration are not disqualifying.  

DISCUSSION AND CONCLUSIONS:

1.  General orders awarded the applicant the Bronze Star Medal which is not shown on his DD Form 214; therefore, he is entitled to correction of his DD Form 214 to show this award.

2.  General orders show the applicant’s unit was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation which is not shown on his records; therefore, he is entitled to correction of his records to show this unit award.

3.  The evidence of record shows the applicant was awarded the Vietnam Service Medal.  Additionally, records show the applicant participated in four campaigns while serving in the Republic of Vietnam.  Therefore, he is entitled to four bronze service stars to be affixed to his Vietnam Service Medal.

4.  The evidence of record shows that the applicant was inducted on 31 October 1966 and was honorably released from active duty on 7 June 1969.  He received "excellent" efficiency and conduct ratings throughout his military service, attained the rank/grade of SGT/E-5, and completed a combat tour in the Republic of Vietnam.  Lacking any derogatory information on file that would have disqualified him, it would be appropriate to award the applicant his first award of the Good Conduct Medal based on completion of qualifying service ending with the termination of a period of Federal military service.  Therefore, he is entitled to correction of his records to show this 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 the applicant the Good Conduct Medal (1st Award) for exemplary behavior, efficiency, and fidelity during the period 31 October 1966 through 7 June 1969; and

	b.  adding award of the Bronze Star Medal, the Good Conduct Medal (1st Award), the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and four bronze service stars to be affixed to 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)                                         AR20090015523





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ABCMR Record of Proceedings (cont)                                         AR20090015523



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