IN THE CASE OF:	  

		BOARD DATE:	  19 May 2010

		DOCKET NUMBER:  AR20090019881 


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 records to reflect his awards of the Army Commendation Medal (ARCOM) and the Bronze Star Medal (BSM) with "V" Device.

2.  The applicant states that he was awarded the ARCOM and the BSM with "V" Device and they are not a part of his official records.  He goes on to state that the BSM with "V" Device was awarded to him and three of his comrades for an action that occurred on 6 September 1968 when his team came under hostile fire and two of his comrades on his Long Range Patrol (LRP) team were killed, one was wounded, and he and another member survived.  He further states that he received the medal but the awards did not make into his records.

3.  The applicant provides a copy of his ARCOM Certificate and photos of him being awarded the BSM with "V" Device.

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 in Los Angeles, CA on 26 September 1967 and was transferred to Fort Lewis, WA to undergo his basic training.  He completed his basic training and he was transferred to Fort Polk, LA to undergo his advanced individual training (AIT) in military occupational specialty 11B (light weapons infantryman).

3.  He completed his AIT and he was transferred to Vietnam on 26 March 1968.  He was initially assigned to Company A, 1st Battalion, 22d Infantry Regiment,
4th Infantry Division and on 16 June 1968 he was transferred to Headquarters and Headquarters Company, 2d Brigade, 4th Infantry Division.  He was promoted to the rank of sergeant (SGT) on 24 March 1969.

4.  On 19 April 1969, General Orders Number 1251, published by Headquarters, 4th Infantry Division, awarded him the ARCOM for meritorious service during the period March 1968 to May 1969.

5.  On 3 May 1969, the applicant was honorably released from active duty (REFRAD) at Fort Lewis as an overseas returnee.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) shows he was awarded the National Defense Service Medal, Republic of Vietnam Campaign Medal with Device (1960), Vietnam Service Medal (VSM), Combat Infantryman Badge (CIB), Expert Marksmanship Qualification Badge with Rifle Bar (M-14), and two Overseas Service Bars.

6.  Review of the Awards and Decorations Computer-Assisted Retrieval System (ADCARS), an index of general orders issued during the Vietnam era between 1965 and 1973 maintained by the Military Awards Branch of the United States Army Human Resources Command, failed to reveal any orders for the Bronze Star Medal with "V" Device pertaining to the applicant.

7.  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 service.  His records are void of any derogatory information that would serve to deny him award of the Army Good Conduct Medal (AGCM).

8.  Item 41 (Awards and Decorations) of his DA Form 20 does not show award of the BSM with "V" Device.  However, it does show he was awarded the Expert Marksmanship Qualification Badge with Machinegun Bar (M-60) by Special Orders Number 31, Headquarters, U.S. Army Training Center, Infantry, Fort Polk, dated 25 January 1968, and the Marksmanship Qualification Badge with Rifle Bar (M-16), by Special Orders Number 27, same headquarters, dated 31 January 1968.

9.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the BSM is awarded in time of war for heroism and for meritorious achievement or service.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.  Recommendations must be made within 2 years of the event or period of service and the award must be made within 3 years.  There were no automatic entitlements to award of the BSM during the period of the applicant’s service.

10.  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.  Ratings of "Unknown" for portions of the period under consideration are not disqualifying.

11.  Army Regulation 600-8-22 contains the regulatory guidance on the Vietnam Service Medal.  It states, in pertinent part, that 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 instead 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 the following campaigns:

* Tet Counteroffensive (30 January 1968 – 1 April 1968)
* 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)
* Tet 69 Counteroffensive, 1969 (23 February 1969 - 8 June 1969)

12.  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 pamphlet shows that the applicant’s unit was subsequently cited 
for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 1 August 1965 - 16 April 1971 by Department of the Army General Orders (DAGO) 54, dated 1974 and the 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, while he was assigned to the unit.

DISCUSSION AND CONCLUSIONS:

1.  General orders awarded the applicant the ARCOM for meritorious service on 19 April 1969.  Accordingly, his DD Form 214 should be corrected to reflect this award.

2.  The applicant’s records as well as other available sources failed to show the applicant was ever awarded the BSM.  Inasmuch as there are no orders to verify his contention that he was awarded the BSM with "V" Device, there appears to be no basis to add the award of the BSM with "V" Device to his DD Form 214 at this time. 

3.  However, it is noted that the applicant had "excellent" conduct and efficiency ratings throughout his service and his records contain no derogatory information that would serve to disqualify him for award of the GCMDL.  Therefore, it must be presumed that the failure to award him the GCMDL was the result of an administrative error.  Accordingly, it would be in the interest of justice to award him the GCMDL for the period 26 September 1967 to 3 May 1969.

4.  Additionally, the applicant participated in five campaigns in Vietnam and the evidence of record shows that the applicant’s unit was subsequently awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.  Accordingly, he is entitled to have these awards added to his DD Form 214 as well as a silver service star for wear on his already-awarded VSM.

5.  His records also show he was awarded the Expert Marksmanship Qualification Badge with Machinegun Bar (M-60) and the Marksmanship Qualification Badge with Rifle Bar (M-16) by appropriate orders.  Therefore, his DD Form 214 should be corrected to show these qualification badges.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___X____  ___X___  ___X____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant a recommendation for partial 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 (first award) for the period
26 September 1967 to 3 May 1969; and

   c.  adding to item 24 of his DD Form 214 the Army Commendation Medal, Army Good Conduct Medal (first award), Vietnam Service medal with one silver service star, Republic of Vietnam Gallantry Cross with Palm Unit Citation, Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, Expert Marksmanship Qualification Badge with Machinegun Bar (M-60), and the Marksmanship Qualification Badge with Rifle Bar (M-16).

2.  The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to award of the Bronze Star Medal with "V" Device.

3.  The Board wants the applicant and all others concerned to know that this action in no way diminishes the sacrifices made by the applicant in service to the United States during the Vietnam War.  The applicant and all Americans should be justifiably proud of his service in arms.



      ________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)                                         AR20090019881



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ABCMR Record of Proceedings (cont)                                         AR20090019881



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