IN THE CASE OF:	

		BOARD DATE:	  01 June 2010

		DOCKET NUMBER:  AR20090020582 


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 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) be corrected by adding 2 bronze service stars to his Vietnam Service Medal (VSM).

2.  The applicant states he received 2 bronze service stars with his VSM but they are not listed on his DD Form 214.

3.  The applicant provides a DD Form 214 and a photograph showing him wearing 2 bronze service stars with his VSM 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's record shows he enlisted in the Regular Army on 
14 November 1969.  He was trained in and awarded military occupational specialty 13A (Field Artillery Basic).

3.  The applicant's DA Form 20 (Enlisted Qualification Record) shows he was promoted to sergeant/E-5 on 21 August 1970, and this is the highest rank he attained while serving on active duty.  It also shows he served in the Republic of Vietnam (RVN) from 16 November 1970 to 1 November 1971 and he received "excellent" conduct and efficiency ratings at all of his active duty assignments.

4.  The applicant's Official Military Personnel File (OMPF) is void of any derogatory information that would have precluded award of the Army Good Conduct Medal (AGCM).

5.  The applicant's OMPF contains orders, dated 20 January 1970, issued at 
Fort Ord, California.  These orders awarded him the Expert Marksmanship Qualification Badge with Grenade Bar.

6.  On 5 November 1971, the applicant was honorably released from active duty, in the rank of sergeant/E-5, after completing 1 year, 11 months, and 21 days of creditable active military service with no lost time.  Item 24 of the DD Form 214 he was issued at the time shows he earned the following awards:

* National Defense Service Medal
* Vietnam Service Medal
* Vietnam Campaign Medal
* Overseas Service Bar
* Expert Marksmanship Qualification Badge (M-16 Rifle)
* Marksman Marksmanship Qualification Badge (M-14 Rifle)

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

8.  Table B-1 of the awards regulation contains a list of Vietnam campaigns.  It shows that during the applicant's tenure of assignment in the RVN, 
participation credit was granted for the following campaigns:

* Vietnam Counteroffensive Phase VII (1 July 1970–30 June 1971)
* Consolidation I (1 July 1971- 30 November 1971)

9.  Chapter 4 of the awards regulation contains guidance on the AGCM.  It states it 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.

10.  Department of the Army General Orders Number 8, dated 1974, announced award of the RVN 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 applicant's contention that 2 bronze service stars should be added to his VSM has been carefully considered and found to have merit.  Based on his service and campaign participation in the RVN, he is eligible to wear 2 bronze service stars on his VSM.  He is also eligible for the RVN Gallantry Cross with Palm Unit Citation.  Therefore, it would be appropriate to add these awards to his DD Form 214 at this time.

2.  The applicant's record also contains orders awarding him the Expert Marksmanship Qualification Badge with Grenade Bar, which was not included in the list of decorations on his DD Form 214.  Therefore, this badge should also be added to his DD Form 214.

3.  The applicant's record further confirms he received "excellent" conduct and efficiency ratings at all of his active duty assignments, and it is void of any derogatory information or unit commander disqualification that would have precluded award of the AGCM.  Further, his DD Form 214 shows he held the rank of sergeant/E-5 at the time of his separation and documents no time lost.  As a result, absent any evidence of a disqualification for the award it would be appropriate and serve the interest of justice and equity to award the applicant the AGCM for his qualifying honorable active duty service from 14 November 1969 through 5 November 1971 and to add this award to his record and DD Form 214. 


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 AGCM for his qualifying period of honorable active service from 14 November 1969 through 5 November 1971;

	b.  amending item 24 of his DD Form 214 by deleting the Vietnam Service Medal and adding the Army Good Conduct Medal, Vietnam Service Medal with 
2 bronze service stars, Republic of Vietnam Gallantry Cross with Palm Unit Citation and Expert Marksmanship Qualification Badge with Grenade Bar; 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)                                         AR20090020582



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ABCMR Record of Proceedings (cont)                                         AR20090020582



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