IN THE CASE OF:	  

		BOARD DATE:	  24 August 2010

		DOCKET NUMBER:  AR20100007704 


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 item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaigns Ribbons Awarded or Authorized) of his DD Form 214 (Report of Transfer or Discharge) to show award of the Bronze Star Medal and the Army Good Conduct Medal.

2.  The applicant enclosed a copy of his Bronze Star Medal (First Oak Leaf Cluster) orders but he did not have any records for the Army Good Conduct Medal.  He further states these awards were omitted in error from his DD Form 214.

3.  The applicant provides:

* a copy of General Orders Number 12834, issued by Headquarters, 101st Airborne Division (Airmobile), dated 31 October 1970
* 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.  The applicant enlisted in the Regular Army on 29 April 1968 for a period of 
3 years.  He arrived in Vietnam on 24 November 1968.  He served as a general vehicle repairman assigned to Headquarters and Headquarters Company (HHC), 501st Signal Battalion in Vietnam from 24 November 1968 to 10 November 1970.  On 10 November 1970, the applicant was released from active duty (REFRAD) in the rank/grade of specialist five (SP5)/E-5 after completing 2 years, 6 months, and 12 days of creditable active service with no time lost.

3.  Item 24 of the applicant's DD Form 214 shows the National Defense Service Medal, Republic of Vietnam Campaign Medal with Device (1960), Vietnam Service Medal, Army Commendation Medal, Meritorious Unit Commendation, and three awards of the Overseas Service Bar as authorized awards.

4.  Headquarters, 101st Airborne Division (Airmobile), General Orders Number 6898, dated 16 June 1969, show the applicant received the Army Commendation Medal for meritorious achievement for the period 1 December 1968 to 30 April 1969 in Vietnam.

5.  Headquarters, 101st Airborne Division (Airmobile), General Orders Number 12834, dated 31 October 1970, show the applicant received the Bronze Star Medal for meritorious service for the period 1 January 1970 to 31 October 1970 in Vietnam.  The entry "AWARD OF THE BRONZE STAR MEDAL (FIRST OAK LEAF CLUSTER)” at the top of these orders is noted.  However, the general orders for this medal indicates the applicant was awarded the Bronze Star Medal and there are no other orders for any additional Bronze Star Medal in the available records.

6.  Headquarters, 101st Airborne Division (Airmobile), General Orders Number 12835, dated 31 October 1970, show the applicant received the Army Commendation Medal with First Oak Leaf Cluster for meritorious achievement for the period 1 January 1970 to 31 May 1970 in Vietnam.

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 Good Conduct Medal.  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.

8.  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 award of the Bronze Star Medal.

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 the applicant's unit (HHC, 501st Signal Battalion) at the time of his assignment was awarded the:

* Republic of Vietnam Gallantry Cross with Palm Unit Citation during the period 19 July 1968 - 14 May 1969, by Department of the Army General Orders (DAGO) 43, dated 1970
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation during the period 18 March 1968 - 2 May 1970, by on DAGO 48, dated 1971

10.  Army Regulation 672-5-1, in effect at the time, provided policy and criteria concerning individual military decorations.  It stated that the Army Good Conduct Medal was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940 and, for the first award only, upon termination of service on or after 27 June 1950 of less than 3 years but more than 1 year.  At the time, a Soldier's conduct and efficiency ratings must have been rated as "excellent" for the entire period of qualifying service except that a service school efficiency rating based upon academic proficiency of at least "good" rendered subsequent to 22 November 1955 was not disqualifying.  However, there was no right or entitlement to the medal until the immediate commander made a positive recommendation for its award and until the awarding authority announced the award in general orders.

11.  Army Regulation 600-8-22, paragraph 2-13, 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.  Appendix B shows that during his service in Vietnam, the applicant participated in the following six campaigns:

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

12.  Army Regulation 670-1 (Uniforms and Insignia) governs the requirements for the Overseas Service Bar.  It states a bar is authorized for wear for each period of active Federal service as a member of the U.S. Army outside of the continental limits of the United States for the specific time frames and areas of operation cited in Army Regulation 670-1 or appropriate Department of the Army message.  There are special provisions regarding authorization for the Overseas Service Bar for service in a hostile fire zone and for combining service to calculate award of the bars.

13.  For Vietnam service, one overseas service bar was authorized for each period of 6 months active Federal service as a member of a U.S. Service in Vietnam from 1 July 1958 to 28 March 1973.  Both the month of arrival and the month of departure from Vietnam were counted as whole months for credit toward the overseas service bar.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends his DD Form 214 does not show the Bronze Star Medal and he provided orders which show he received the Bronze Star Medal.  It appears the entry "AWARD OF THE BRONZE STAR MEDAL (FIRST OAK LEAF CLUSTER) at the top of these orders is in error since the citation for this medal indicates the applicant was awarded the Bronze Star Medal and there are no other orders for an additional Bronze Star Medal in the available records.  Therefore, his DD Form 214 should be corrected to show the Bronze Star Medal.

2.  The applicant was REFRAD in the rank of SP5 with 30 months of creditable active service with no time lost.  His records also show he received "excellent" conduct and efficiency ratings through his service with no disciplinary action or a commander's disqualification.  It appears the applicant met the eligibility criteria for the first award of the Good Conduct Medal for the period 29 April 1968 through 10 November 1970 based on completion of a period of qualifying service ending with the termination of a period of Federal military service.  Therefore, his DD Form 214 should be corrected to show this award.

3.  The applicant's DD Form 214 shows one award of the Army Commendation Medal; however, orders show he received the Army Commendation Medal (First Oak Leaf Cluster) denoting two awards of the Army Commendation Medal.  Therefore, his DD Form 214 should be corrected to show this award.

4.  The applicant participated in six campaigns during his assignment in Vietnam which entitles him to award of the Vietnam Service Medal with one silver service star and one bronze service star.  Therefore, his DD Form 214 should be corrected accordingly.

5.  The applicant's unit was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation and Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation while he was assigned to it.  Therefore, his DD Form 214 should be corrected to show these unit awards.

6.  The applicant served in Vietnam from 24 November 1968 to 10 November 1970.  Based on calculating credit toward the overseas service bar during the Vietnam era, he served for a total of 25 month.  Therefore, he is entitled to four awards of the Overseas Service Bar.

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 Army Commendation Medal, Vietnam Service Medal, and three Overseas Service Bars;

   b.  awarding him the Good Conduct Medal (first award) for the period 29 April 1968 to 10 November 1970; and

	c.  adding to item 24 of his DD Form 214 the Bronze Star Medal, Army Commendation Medal (First Oak Leaf Cluster), Army Good Conduct Medal (First Award), Vietnam Service Medal with one silver service star and one bronze service star, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, and four Overseas Service Bars.



      ___________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)                                         AR20100007704



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


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ABCMR Record of Proceedings (cont)