IN THE CASE OF:	  

		BOARD DATE:	    23 March 2010

		DOCKET NUMBER:  AR20090017135 


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, that the Purple Heart (PH), Bronze Star Medal (BSM) 2nd Oak Leaf Cluster (3rd Award), and Army Commendation Medal (ARCOM) 1st Oak Leaf Cluster (2nd Award) be added to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).

2.  The applicant states, in effect, the awards in question were erroneously omitted from the DD Form 214 due to administrative error in the preparation process.  

3.  The applicant provides a DD Form 214 and awards orders and certificates for the ARCOM, BSM, and PH in support of this 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 on 11 March 1969, and upon completion of initial entry training was awarded military occupational specialty 11B (Light Weapons Infantryman).  

3.  The applicant's DA Form 20 (Enlisted Qualification Record) shows he served in the RVN from 17 February 1970 to 1 January 1971.  Item 41 (Awards and Decorations) shows he received the Vietnam Service Medal (VSM) and ARCOM 1st Oak Leaf Cluster (2nd Award) with "V" (Valor) Device.  

4.  Item 38 of the applicant’s DA Form 20 also shows he received "excellent" conduct and efficiency ratings at all of his active duty assignments, and his Official Military Personnel File (OMPF) is void of any derogatory information or a unit commander disqualification that would have precluded him from receiving the Army Good Conduct Medal (AGCM).

5.  The applicant's OMPF contains Headquarters, 12th Evacuation Hospital (SMBL) General Orders (GO) Number (#) 127, dated 30 May 1970, which awarded the applicant the PH for being wounds received in connection with military operations against a hostile force in the RVN on 29 May 1970.

6.  The applicant's OMPF also contains the following five award orders that authorized the awards indicated for the actions/service identified:  

	a.  Headquarters, 25th Infantry Division GO # 5056, dated 9 May 1970, which awarded the BSM with "V" Device for heroism in action in the RVN on 2 April 1970; 

	b.  Headquarters, 25th Infantry Division GO # 6175, dated 31 May 1970, which awarded BSM 1st Oak Leaf Cluster (2nd Award), for meritorious service in the RVN from February 1970 to May 1970; 

	c.  Headquarters, 25th Infantry Division GO # 11175, dated 16 November 1970, which awarded the BSM 2nd Oak Leaf Cluster (3rd Award) for meritorious service in the RVN from February 1970 to November 1970;

	d.  Headquarters, 25th Infantry Division GO # 4143, dated 3 April 1970, which awarded the ARCOM with "V" Device for heroism in action in the RVN on 
11 March 1970; and 

	e.  Headquarters, 25th Infantry Division GO # 6165, dated 1 June 1970, which awarded the ARCOM 1st Oak Leaf Cluster (2nd Award) with "V" Device for heroism in action in the RVN on 30 May 1970.

7.  On 2 January 1971, the applicant was honorably released from active duty, in the rank of sergeant, after completing 1 year, 9 months, and 22 days of active military service.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows he earned the following awards:  National Defense Service Medal (NDSM), VSM, RVN Campaign Medal (RVNCM), BSM 1st Oak Leaf Cluster (2nd Award), ARCOM 1st Oak Leaf Cluster (2nd Award), Combat Infantryman Badge (CIB), Expert Marksmanship Badge with Rifle (M-14) Bar, and Marksman Marksmanship Qualification Badge with Rifle (M-16) Bar.

8.  Army Regulation 600-8-22 (Military Awards) provides the Army's awards policy.  Paragraph 2-13 contains the regulatory guidance on the VSM and states, in pertinent part, that a bronze service star is authorized with this award for each campaign a member is credited with participating in while serving in the RVN.  

9.  Table B-1 of the awards regulation contains a list of campaigns and shows that during the applicant's tenure of assignment in the RVN, participation credit was granted for the Vietnam Winter-Spring 1970 (1 November 1969 - 30 April 1970), Sanctuary Counteroffensive (1 May 1970 - 30 June 1970), and Vietnam Counteroffensive Phase VII (1 July 1970 - 30 June 1971) campaigns.  

10.  Chapter 4 of the awards regulation contains the policy and guidance on award of the AGCM.  It states, in pertinent part, that the AGCM is awarded to individuals who distinguish themselves by their conduct, efficiency, and fidelity during a qualifying 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, in which case a period of more than 1 year is a qualifying period.  Although there is no automatic entitlement to the AGCM, disqualification must be justified.

11.  Department of the Army General Orders Number 8, dated 1974, announced award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to Headquarters, U.S. Military Assistance Command and its subordinate units during the period 8 February 1962 to 28 March 1973 and to Headquarters, U.S. Army Vietnam and its subordinate units during the period 20 July 1965 to 
28 March 1973.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant was awarded the PH for wounds received in connection with military operations against a hostile force, as evidenced by PH awards orders on file in his OMPF.  Therefore, it would be appropriate to add this award to his DD Form 214.  
2.  The record also shows that the applicant was awarded the BSM 2nd Oak Leaf Cluster (3rd Award) and with "V" Device and ARCOM 1st Oak Leaf Cluster 
(2nd Award) and with "V" Device, as evidenced by orders on file in his OMPF.  Therefore, it would also be appropriate to add these awards to his DD Form 214. 

3.  Further, based on his service and campaign participation in the RVN, he is also eligible for the RVN Gallantry Cross with Palm Unit Citation and 3 bronze service stars with his VSM.  Therefore, it would also be appropriate to add these awards to his DD Form 214 at this time. 

4.  The evidence of record also confirms the applicant received "excellent" conduct and efficiency ratings at all of his active duty assignments and that his OMPF is void of derogatory information or a unit commander disqualification that would have precluded him from receiving the AGCM.  Therefore, it would be appropriate to award him the first award of the AGCM for his qualifying honorable active duty service from 11 March 1969 through 2 January 1971 and to add this award to his record and DD Form 214 at this time. 

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 Army Good Conduct Medal for the period 11 March 1969 to 2 January 1971;

	b.  amending item 24 of his DD Form 214 as follows:

		(1)  delete the Bronze Star Medal with Oak Leaf Cluster, Army Commendation Medal with Oak Leaf Cluster and Vietnam Service Medal;


		(2)  add the Purple Heart, Bronze Star Medal 2nd Oak Leaf Cluster
(3rd Award) and with "V" Device, Army Commendation Medal 1st Oak Leaf Cluster (2nd Award) and with "V" Device, Army Good Conduct Medal, Vietnam Service Medal with 3 bronze service stars, and Republic of Vietnam Gallantry Cross with Palm Unit Citation; and 

   c.  providing him a correction to his DD Form 214 that includes these changes.



      _________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)                                         AR20090017135



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ABCMR Record of Proceedings (cont)                                         AR20090017135



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