IN THE CASE OF:	  

		BOARD DATE:	  1 July 2010

		DOCKET NUMBER:  AR20100000386 


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 a second award of the Bronze Star Medal.

2.  The applicant states he was told he would receive a second award of the BSM for his service in Vietnam when he left his battalion to go home.  He states that he never received any notification that the award was issued.

3.  The applicant provides a copy of his DD Form 214.

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.  On 24 June 1968, the applicant enlisted in the Regular Army in the pay grade of E-1.  He was promoted through the ranks to staff sergeant (E-6).

3.  Special Orders Number 191 were published on 8 August 1968 awarding him the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14).

4.  Special Orders Number 202 were published on 20 August 1968 awarding him the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16).

5.  The applicant completed training as an indirect fire crewman.  He arrived in Vietnam on 16 November 1968 and was assigned to Company E, 5th Battalion, 46th Infantry, 198th Infantry Brigade.

6.  While in Vietnam the applicant participated in the following six campaigns:

* Vietnam Counteroffensive Phase VI Campaign which extended from 2 November 1968 through 22 February 1969
* Tet 69 Counteroffensive Campaign which extended from 23 February through 8 June 1969
* Vietnam Summer-Fall 1969 Campaign which extended from 9 June through 31 October 1969
* Vietnam Winter-Spring 1970 Campaign which extended from 1 November 1969 through 30 April 1970
* Sanctuary Counteroffensive Campaign which extended from 1 May through 30 June 1970
* Vietnam Counteroffensive Phase VII Campaign which extended from 1 July 1970 through 30 June 1971

7.  General Orders Number 10263 were published on 5 October 1969 awarding him the Bronze Star Medal for meritorious service in connection with military operations against a hostile force from November 1968 through November 1969.

8.  On 24 April 1970, General Orders Number 4188 were published awarding him the Army Commendation Medal with "V" Device for heroism in connection with military operations against a hostile force on 8 February 1970.

9.  General Orders Number 10386 were published on 9 August 1970 awarding him the Air Medal for meritorious achievement while participating in aerial flight from 8 January 1970 through 14 July 1970.

10.  On 2 September 1970, General Orders Number 11684 were published awarding him the Bronze Star Medal for meritorious achievement in connection with military operations against a hostile force from 1 May 1970 through 31 August 1970.

11.  The applicant returned to the continental United States and he was honorably released from active duty (REFRAD) on 28 December 1970 as an overseas returnee.

12.  A review of the applicant's records reveals no derogatory information that would have disqualified him from being awarded the first award of the Army Good Conduct Medal.  His DA Form 20 (Enlisted Qualification Record) shows his conduct and efficiency ratings were "excellent" while he was in the Army.

13.  The DD Form 214 he was issued at the time of his REFRAD shows the following awards:

* National Defense Service Medal
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* Combat Infantryman Badge
* Army Commendation Medal
* Bronze Star Medal
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16)
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16) (duplicate)

14.  Army Regulation 672-5-1 (Military Awards), in effect at the time, provided that the Army Good Conduct Medal was awarded to individuals who completed a qualified 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.

15.  Army Regulation 600-8-22 (Military Awards) states that the first oak leaf cluster is awarded to denote the second and succeeding awards of certain decorations, among which is the Bronze Star Medal.

16.  Army Regulation 600-8-22 authorizes award of a bronze service star based on qualifying service for each campaign listed in appendix B and states that authorized bronze service stars will be worn on the appropriate service medal.  A bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.

17.  Army Regulation 600-8-22 also states that a silver service star is authorized in lieu of five bronze service stars.

18.  Army Regulation 600-8-22 states that the bronze "V" device indicates acts of heroism involving conflict with an armed enemy and authorizes the bronze "V" device in conjunction with awards of the Army Commendation Medal, Air Medal, and Bronze Star Medal.  Although more than one award of the Army Commendation Medal, Air Medal, or Bronze Star Medal may be made for heroism to the same person, the regulation provides that only one "V" device may be worn on awards of the Army Commendation Medal, Air Medal, or Bronze Star Medal.

19.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam.  This pamphlet shows the unit to which the applicant was assigned was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the periods 24 August 1969 to 31 December 1969 and 31 March 1970 to 30 June 1970 by Department of the Army General Orders Number 11, dated 1973, which amended Department of the Army General Orders Number 42, dated1972.

DISCUSSION AND CONCLUSIONS:

1.  The applicant was awarded the two Bronze Star Medals while he was in the Army.  In accordance with the applicable regulation, the Bronze Star Medal (1st Oak Leaf Cluster) should have been included on his DD Form 214.

2.  The evidence of record shows he was awarded the Army Commendation Medal with "V" Device, not the Army Commendation Medal.  He was also awarded the Air Medal and it was omitted from his DD Form 214.  This information should be corrected on his DD Form 214.

3.  The applicant's records show he is authorized the Army Good Conduct Medal based on his "excellent" conduct and efficiency ratings while he was in the Army.

4.  His DD Form 214 shows that he was awarded the Vietnam Service Medal.  However, he is authorized one silver service star and one bronze service star to be affixed to his already-awarded Vietnam Service Medal.

5.  The unit to which the applicant was assigned was cited in orders for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  This award should be added on his DD Form 214.

6.  His DD Form 214 lists two awards of the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16).  However, his records show he was awarded the Sharpshooter Marksmanship Qualification Badge with Rifle Bar 
(M-14) and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16).

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 Army Good Conduct Medal (1st Award) for the period 24 June 1968 through 28 December 1970;

	b.  deleting the following awards from his DD Form 214:

* Bronze Star Medal
* Army Commendation Medal
* Vietnam Service Medal
* one Sharpshooter Marksmanship Qualification Badge with Rifle Bar 
(M-16)

	c.  adding the following awards to his DD Form 214:

* Bronze Star Medal (1st Oak Leaf Cluster)
* Air Medal
* Army Commendation Medal with "V" Device
* Army Good Conduct Medal (1st Award)
* Vietnam Service Medal with one silver service star and one bronze service star
* 
Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)



      ____________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)                                         AR20100000386



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ABCMR Record of Proceedings (cont)                                         AR20100000386



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