IN THE CASE OF:	  

		BOARD DATE:	  20 April 2010

		DOCKET NUMBER:  AR20090017460 


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 the following awards:   Bronze Star Medal (BSM), Combat Infantryman Badge (CIB), Army Good Conduct Medal (AGCM), and the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  Additionally, he requests all other awards he is entitled to.

2.  The applicant states that these awards were omitted from his DD Form 214 due to poor administration.

3.  The applicant provides a copy of his DD Form 214, BSM documentation, and CIB orders.

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 records show he was inducted into the Army of the United States on 14 May 1969.  He served in the Republic of Vietnam (RVN) from 23 May 1970 to 5 March 1971.  On 3 June 1970 he was assigned to the 46th Infantry Platoon (Scout Dogs), 25th Infantry Division.  On 7 December 1970, he was reassigned to the 38th Infantry Platoon (Scout Dogs), 25th Infantry Division until his departure from the RVN on 5 March 1971.  He was honorably released from active duty on 8 March 1971 and transferred to the U.S. Army Reserve (USAR) Control Group (Annual Training) to complete his remaining Reserve obligation.

3.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 shows the following:  National Defense Service Medal, Vietnam Service Medal, Vietnam Campaign Medal, and the Army Commendation Medal.

4.  Headquarters, II Field Force Vietnam, General Orders Number 762, dated
17 March 1971, awarded the applicant the BSM for meritorious service in connection with military operations against a hostile forces from June 1970 to March 1971.

5.  Headquarters, 25th Infantry Division, Special Orders Number 176, dated
25 June 1970, awarded the applicant the CIB, effective 15 June 1970.

6.  The applicant’s DA Form 20 (Enlisted Qualification Record) shows he received all "excellent" conduct and efficiency ratings throughout his service.  There is no record of any Article 15's, courts-martial, or any type of adverse action in his available records.  There is also no record of a commander's disqualification for the AGCM.

7.  Army Regulation 672-5-1 (Military Awards), in effect at the time, provides that the Army 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.

8.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units which served in the Vietnam War.  The pamphlet provides, in pertinent part, for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to all units that served in Vietnam between 20 July 1965 and 28 March 1973 which were subordinate to Headquarters, United States Army Vietnam, by Department of the Army General Order Number 8, dated 1974.
9.  Appendix B of Army Regulation 600-8-22 (Military Awards) shows that the applicant participated in two campaigns during his tour of duty in the RVN.  This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.  Based on his service in Vietnam he is credited with participation in the Sanctuary Counteroffensive
(1 May 1970 - 30 June 1970) and the Vietnam Counteroffensive Phase VII
(1 July 1970 - 30 June 1971).

DISCUSSION AND CONCLUSIONS:

1.  General Orders Numbers 762 awarded the applicant the BSM.  Therefore, his records should be corrected to show this award.

2.  Special Orders Number 176 awarded the applicant the CIB.  Therefore, his records should be corrected to show this award.

3.  Evidence of record shows the applicant received "excellent" conduct and efficiency ratings, he had no adverse actions, and no commander's disqualification for award of the AGCM.  Therefore, he is entitled to award of the AGCM (1st award) and correction of his records to show this award.

4.  The evidence shows the applicant is entitled to the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  Therefore, his records should be corrected to show this unit award.

5.  Additionally, the applicant participated in two campaigns during his service in the RVN.  Therefore, he is entitled to correction of his records to show two bronze service stars for wear on his already-awarded Vietnam Service Medal.

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 the applicant the Army Good Conduct Medal (1st award) for the period 14 May 1969 to 8 March 1971, and

   c.  adding to item 24 of his DD Form 214 the Bronze Stat Medal, Army Good Conduct Medal (1st award), Combat Infantryman Badge, Vietnam Service Medal with two bronze service stars, and the Republic of Vietnam Gallantry Cross with Palm 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)                                         AR20090017460



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20090017460



4


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1