IN THE CASE OF:	  

		BOARD DATE:	  4 May 2010

		DOCKET NUMBER:  AR20090019063 


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 Bronze Star Medal (BSM) (1st Oak Leaf Cluster) with "V" Device.

2.  The applicant states he noticed that the BSM with "V" Device had been omitted from his DD Form 214.

3.  The applicant provides a copy of his DD Form 214 and a copy of General Orders Number 972, Headquarters, 4th Infantry Division, dated 2 April 1969, awarding him the BSM with "V" Device for heroism for the period 6-7 March 1969.

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 enlisted in the Regular Army on 17 June 1966 for 3 years.  He was trained in and awarded military occupational specialty (MOS) 12B (Combat Engineer).  He was honorably released from active duty on 9 June 1969 and transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement) to complete his remaining Reserve obligation.  He had completed 2 years, 11 months, and 23 days of total active service.

3.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the following awards:

* National Defense Service Medal
* BSM
* Army Commendation Medal (1st Oak Leaf Cluster)
* Republic of Vietnam (RVN) Campaign Medal with Device (1960)
* Vietnam Service Medal
* Two Overseas Service Bars

4.  Item 31 (Foreign Service) of the applicant's DA Form 20 shows he served in the RVN during the period 18 June 1968 through 9 June 1969.  Item 38 (Record of Assignments) shows he was assigned to Company A, 4th Engineer Battalion, 4th Infantry Division.

5.  In addition to a copy of General Orders Number 972 awarding the applicant the BSM with "V" Device, his records also contain a copy of General Orders Number 795, Headquarters, 4th Infantry Division, dated 18 March 1969, awarding him the BSM for meritorious achievement during the period
25 November to 30 November 1968.

6.  Review of the applicant's records indicates entitlement to additional awards and decorations that are not shown on his DD Form 214.

7.  There is no evidence the applicant received the first award of the Army Good Conduct Medal.  There also is no evidence the applicant was disqualified by his chain of command from receiving the Army Good Conduct Medal.  Records do not show indiscipline or lost time.  His records do not contain any adverse information and he received "excellent" conduct and efficiency ratings throughout his service.

8.  Army Regulation 672-5-1 (Military Awards), in effect at the time, provided that the Army Good Conduct Medal was awarded to individuals who had completed a qualified period of active duty enlisted service.  This period was each 3 years 


except in those cases when the period for the first award ended 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.

9.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) was published to assist commanders and personnel officers in determining or establishing the eligibility of Soldiers for campaign participation credit, assault landing credit, and unit citation badges awarded during the Vietnam Conflict.  This pamphlet shows that during the applicant's assignment to the 4th Engineer Battalion, 4th Infantry Division, his unit was awarded the following awards:

* Meritorious Unit Commendation (13 October 1967 - 15 July 1968) by Department of the Army General Orders (DAGO) Number 42, dated 1968
* RVN Gallantry Cross with Palm Unit Citation (October 1966 - 28 July 1969) by DAGO 3, dated 1970
* RVN Civil Actions Honor Medal First Class Unit Citation (October 1966 - 31 October 1969) by DAGO 53, dated 1970

10.  The applicant’s DD Form 214 shows that he was awarded the Vietnam Service Medal, but it does not show that he was awarded any bronze service stars to signify campaign participation credit.  Paragraph 2-13 of Army Regulation
600-8-22 (Military Awards) contains the regulatory guidance on the Vietnam Service Medal.  It states a bronze service star is authorized with this award for each Vietnam campaign a member is credited with participating in.  A silver service star will be worn in place of five bronze service stars.  Table B-1 contains a list of Vietnam campaigns, and it shows that during the applicant's tour in Vietnam he participated in following campaigns:

* Vietnam Counteroffensive, Phases IV (2 April 1968 - 30 June 1968)
* Vietnam Counteroffensive, Phases V (1 July 1968 - 1 November 1968)
* Vietnam Counteroffensive, Phases VI (2 November 1968 - 22 February 1969)
* Tet 69 Counteroffensive, 1969 (23 February 1969 - 8 June 1969)
* Vietnam Summer-Fall 1969 (9 June 1969 - 31 October 1969)

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request that his record be corrected by adding the BSM (1st Oak Leaf Cluster) with "V" Device was carefully considered and is supported by the evidence.

2.  General orders show the applicant was awarded a BSM for meritorious achievement and a BSM with "V" Device for heroism.  Therefore, he is entitled to correction of his records to show the BSM (1st Oak Leaf Cluster) with "V" Device."

3.  In the absence of evidence showing disqualification, the applicant is entitled to the first award of the Army Good Conduct Medal based on completion of qualifying service from 17 June 1966 to 9 June 1969 ending with termination of a period of Federal military service.  Therefore, his records should be corrected to show this award.

4.  The applicant's unit, during his period of assignment, was cited for award of the Meritorious Unit Commendation, RVN Gallantry Cross with Palm Unit Citation, and the RVN Civil Actions Honor Medal First Class Unit Citation which are not shown on his records.  Therefore, he is entitled to correction of his records to show these unit awards.

5.  The applicant was awarded the Vietnam Service Medal.  His records show he participated in five campaigns while serving in the RVN.  Therefore, he is entitled to one silver service star 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 Bronze Star Medal and Vietnam Service Medal,

   b.  awarding him the Army Good Conduct Medal (1st award) for the period of service from 17 June 1966 to 9 June 1969, and
	c.  adding to item 24 of his DD Form 214 the following awards:

* Bronze Star Medal (1st Oak Leaf Cluster) with "V" Device
* Army Good Conduct Medal (1st award)
* Vietnam Service Medal with one silver service star
* Meritorious Unit Commendation
* Republic of Vietnam Gallantry Cross with Palm Unit Citation 
* 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)                                         AR20090019063



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ABCMR Record of Proceedings (cont)                                         AR20090019063



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