IN THE CASE OF:	 

		BOARD DATE:	  27 April 2010

		DOCKET NUMBER:  AR20090016255 


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 all of his awards, to include a Bronze Star Medal.

2.  The applicant states that others in his unit received the Bronze Star Medal.  He would like a review to determine if he is also authorized this and/or any other awards.

3.  The applicant provides a copy of his DD Form 214.

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 November 1965.  He completed training and was awarded military occupational specialty (MOS) 13A (Cannoneer).

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

	a.  service in Vietnam from 15 September 1966 through 10 September 1967 with Battery C, 6th Battalion, 29th Artillery Regiment, 4th Infantry Division;

	b.  "excellent" conduct and efficiency ratings throughout his service;

	c.  participation in one campaign; and

	d.  his authorized awards as the Vietnam Service Medal, National Defense Service Medal, Republic of Vietnam Campaign Medal with Device (1960), Expert Marksmanship Qualification Badge with Machinegun Bar, and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar.

4.  On 11 September 1967, the applicant was released from active duty in pay grade E-4 under the provisions of Army Regulation 635-200 (Personnel Separations - Enlisted Personnel), chapter 5, as an overseas returnee.  He completed 1 year, 9 months, and 25 days of qualifying service.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 lists his awards as the National Defense Service Medal, Vietnam Service Medal, Republic of Vietnam Campaign Medal with Device (1960), Expert Marksmanship Qualification Badge with Machine Gun Bar, and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar.

5.  The applicant's available record does not contain any derogatory entries or a commander's notation that disqualified him for award of the Army Good Conduct Medal.

6.  The applicant requests award of the Bronze Star Medal.  However, there are no orders or other evidence in file in his Official Military Personnel File (OMPF) that confirms award of this personal decoration.  In the absence of authority for this award, he may request award of the Bronze Star Medal under the provisions of Title 10, U.S. Code, section 1130.  The applicant has been notified by separate correspondence of the procedures for applying for this award under Title 10, U.S. Code, section 1130.  As a result, the request for award of Bronze Star Medal will not be discussed further in these Proceedings.

7.  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 while the applicant was assigned to the 6th Battalion, 29th Artillery Regiment, it was cited for award of the following unit awards:

   a.  Presidential Unit Citation for the period 18-26 May 1967 by Department of the Army General Orders (DAGO) 69, dated 1969;
   
   b.  Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 1 October 1966 - 31 October 1969 by DAGO 3, dated 1970; and
   
   c.  Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 1 October 1966 - 31 October 1969 by DAGO 53, dated 1970.

8.  Army Regulation 672-5-1 (Awards), in effect at the time, stated the Army Good Conduct Medal was awarded to individuals who completed a qualifying period of active duty enlisted service.  It stated 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; for first award only, 1 year served entirely during the period 7 December 1941 to 2 March 1946; 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.  The enlisted person must have had all “excellent” conduct and efficiency ratings.  There must have been no convictions by a court-martial.

9.  Army Regulation 600-8-22 (Military Awards) states that a bronze service star is authorized, based on qualifying service, for each designated campaign listed in Appendix B of the regulation and states that authorized service stars will be worn on the appropriate campaign or service medal.  The regulation also lists the designated campaign periods for which a bronze service star is authorized for wear on the Vietnam Service Medal.  Based on the applicant's dates of service in Vietnam, he participated during the following two campaign periods:

   a.  Vietnam Counteroffensive, Phase II (1 July 1966 - 31 May 1967) and
   
   b.  Vietnam Counteroffensive, Phase III (1 June 1967 - 29 January 1968).

DISCUSSION AND CONCLUSIONS:

1.  The applicant distinguished himself by his conduct, efficiency, and fidelity as evidenced by his Vietnam service, his consistent "excellent" conduct and 
efficiency ratings, and his advancement promotion to E-4.  The record contains no indication of any disqualifying incidents or recommendations.  Therefore, it would be appropriate to award the applicant the Army Good Conduct Medal (1st award) for his period of service from 17 November 1965 through 11 September 1967.

2.  The applicant served in Vietnam during two campaign periods.  Therefore, he is entitled to two bronze service stars for wear on his already-awarded Vietnam Service Medal.

3.  The applicant is also entitled to the Presidential Unit Citation, 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 correct the record to show these unit awards.

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

	b.  awarding him the Army Good Conduct Medal (1st award) for his period of service from 17 November 1965 through 11 September 1967; and

	c.  adding to item 24 of his DD Form 214 the Army Good Conduct Medal, Vietnam Service Medal with two bronze service stars, Presidential Unit Citation, 

Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the 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)                                         AR20090016255



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ABCMR Record of Proceedings (cont)                                         AR20090016255



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