IN THE CASE OF:	  

		BOARD DATE:	  27 July 2010

		DOCKET NUMBER:  AR20090022014


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 award of the Bronze Star Medal (BSM) and the Army Commendation Medal (ARCOM).

2.  The applicant states these awards were not entered on his DD Form 214.

3.  The applicant provides:

* his DD Form 214
* his Honorable Discharge Certificate
* General Orders Number 140, issued by Headquarters, 101st Airborne Division, Vietnam, dated 7 January 1969, awarding him the BSM
* his BSM Certificate, dated 7 January 1969, signed by Major General Melvin Z---, Commanding (July 1968 - May 1969)
* his ARCOM Certificate, dated 11 September 1968, signed by Major General Melvin Z---, Commanding (July 1968 - May 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 was inducted into the Army of the United States for 2 years on 30 August 1967.  He completed basic combat training (BCT) at Fort Bliss, TX and advanced individual training (AIT) at Fort Sill, OK.  He was awarded military occupational specialty (MOS) 13A (Cannoneer) in January 1968 and transferred to Vietnam.

3.  The applicant served in Vietnam from 11 February 1968 to 5 April 1969 with B Battery, 2nd Battalion, 11th Artillery, 101st Airborne Division.  He was advanced to the rank/grade of specialist four (SP4)/E-4 on 26 June 1968 by Special Orders (SO) Number 178, issued by Headquarters, 101st Airborne Division, Vietnam, and he was promoted to sergeant (SGT)/E-5 on 11 November 1968 by SO Number 335, issued by the same headquarters.

4.  The applicant's records contain his DA Form 20 (Enlisted Qualification Record).  This document shows he had all "excellent" conduct and efficiency ratings during his military service.  It does not show any reductions in rank, nor does it indicate any court-martial convictions.

5.  On 6 April 1969, the applicant was honorably released from active duty by reason of overseas returnee and he was transferred to the U.S. army Reserve (USAR) Control Group (Annual Training) to complete his remaining Reserve obligation.  He had completed 1 year, 7 months, and 7 days of total active service.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the National Defense Service Medal, Vietnam Service Medal, and the Republic of Vietnam Campaign Medal with Device (1960).

6.  The applicant provided orders and a certificate for his BSM, but he only provided a certificate for his ARCOM.  There are no orders for the ARCOM in the applicant's records.  During the processing of this case, a member for the Board staff reviewed the Awards and Decorations Computer Assisted Retrieval System (ADCARS) maintained by the Military Awards Branch of the U.S. Army Human Resources Command (HRC), which is an index of general orders issued during 


the Vietnam era between 1965 and 1973.  This review failed to reveal any award of the ARCOM pertaining to the applicant.

7.  The applicant's records contain:

* SO Number 273, issued by Headquarters, U.S. Army Training Center, Air Defense, Fort Bliss, dated 20 October 1967, awarding him the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)
* SO Number 9, issued by Headquarters, U.S. Army Training Center, Field Artillery, Fort Sill, dated 10 January 1968, awarding him the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16)

8.  Army Regulation 600-8-22 (Military Awards) sets forth Department of the Army criteria, policy and instructions concerning individual military awards, the Army Good Conduct Medal, service medals and service ribbons, combat and special skill badges and tabs, unit decorations, and trophies and similar devices awarded in recognition of accomplishments.  It provides the following:

	a.  The Army Commendation Medal may be awarded to any member of the Armed Forces of the United States who, while serving in any capacity with the Army after 6 December 1941, distinguished himself or herself by heroism, meritorious achievement or meritorious service.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

	b.  During the Vietnam War era, the Army Good Conduct Medal (AGCM) was awarded to individuals who completed a qualifying period of active duty enlisted service.  This period was 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.

	c.  A bronze service star is authorized with the Vietnam Service Medal for each Vietnam campaign a member is credited with participating in.  A silver service star will be worn instead of five bronze service stars.  Appendix B shows that during the applicant's service in Vietnam, he participated in the following five campaigns:

* Tet Counteroffensive (30 January - 1 April 1968)
* Vietnamese Counteroffensive, Phase IV (2 April - 30 June 1968)
* Vietnamese Counteroffensive, Phase V (1 July - 1 November 1968)


* Vietnamese Counteroffensive, Phase VI (2 November 1968 - 
   22 February 1969)
* Tet 69 Counteroffensive, 1969 (23 February - 8 June 1969)

9.  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 document shows that the unit to which the applicant was assigned (B Battery, 2nd Battalion, 11th Artillery, 101st Airborne Division) was cited for the following awards:

* Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 19 July 1968 - 14 May 1969 by Department of the Army General Order (DAGO) 43, dated 1970
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 30 November 1966 - 30 June 1968 by DAGO 51, dated 1971

DISCUSSION AND CONCLUSIONS:

1.  The applicant requests correction of his DD Form 214 to show award of the BSM and the ARCOM.

2.  The applicant provided orders awarding him the BSM and his BSM Certificate, which was signed by then Major General Melvin Z---, Commanding General, 101st Airborne Division.  Therefore, the BSM should be added to his DD Form 214.

3.  The applicant does not provide orders for his ARCOM; he only provides his ARCOM Certificate.  This certificate is signed by Major General Z--- and was issued during the applicant's tenure with the 101st Airborne Division.  In all key respects, it is identical to the BSM Certificate he received, and for which he has official orders.  As an exception to policy, the applicant's ARCOM Certificate is accepted as proof of that award.  Therefore, the ARCOM should be added to his DD Form 214.

4.  The applicant is entitled to other awards which do not appear on his DD Form 214.

   a.  He served in Vietnam during five campaigns and is entitled to wear a silver service star on his Vietnam Service Medal.


	b.  He had all "excellent" conduct and efficiency ratings, no record of court-martial convictions, and was promoted to SGT in two short years.  Therefore, he is entitled to award of the AGCM for his exceptional conduct, efficiency, and fidelity during the qualifying period 30 August 1967 to 6 April 1969.  Therefore, this award should also be added to his DD Form 214.

	c.  During BCT and AIT, the applicant qualified as a Sharpshooter with the 
M-14 and M-16 rifles.  Therefore, the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14 and M-16) should be added to his DD Form 214.

	d.  During his assignment with B Battery, 2nd Battalion, 11th Artillery,
101st Airborne Division, the unit was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.  Therefore, these foreign unit awards should be added to his 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.  deleting from item 24 of his DD Form 214 the Vietnam Service Medal;

   b.  awarding him the Army Good Conduct Medal (1st award) for the period 
30 August 1967 to 6 April 1969; and

   c.  adding to item 24 of his DD Form 214 the Bronze Star Medal, Army Commendation Medal, Army Good Conduct Medal, Vietnam Service Medal with  one silver service star, Sharpshooter Marksmanship Qualification Badge with 


Rifle Bar (M-14 and M-16), Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the 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)                                         AR20090022014



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ABCMR Record of Proceedings (cont)                                         AR20090022014



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